40-2b05. Corporate obligations; definitions.
40-2b05
40-2b05. Corporate obligations; definitions.Any life insurance company heretofore or hereafter organized under anylaw of this state may invest by loans or otherwise, with the directionor approval of a majority of its board of directors or authorizedcommittee thereof, any of its funds, or any part thereof in bonds orother evidences of indebtedness issued, assumed, or guaranteed by acorporation incorporated under the laws of the United States of America,or of any state, district, insular or territorial possession thereof; orof the Dominion of Canada or any province thereof which aredesignated "1" or "2" by the national association of insurancecommissioners intheir most recently published Valuations of Securities Manual or are ratedinvestment grade in Standard & Poor's (at least BBB-) or Moody's (at leastBaa3) corporatebond guides at the time of acquisition; or which meet thefollowing qualifications:
(a) If fixed-interest bearing obligations, the average fixedcharges shall have been covered at least1 1/2 times by the average net earnings available for fixed charges of thelast five years, and the company shall have earnings intwo of the last three fiscal years immediately preceding the date ofacquisition. In the case of obligations of finance companies, thecoverage shall be at least 1 1/4 times;
(b) if income, or other contingent interest obligations, the netearnings available for fixed charges of the corporation for the fivefiscal years next preceding the date of acquisition of the obligationsshall have averaged per year not less than1 1/2 times the sum of the fixed charges and the maximum contingent interestto which the corporation is subject as of the date of acquisition,and the company shall have earnings in two of the last three fiscal yearsimmediately preceding the date of acquisition. In thecase of obligations of finance companies, the coverageshall be at least 1 1/4 times;
(c) the corporation or a predecessor thereof must have been inexistence for a period of not less than five years;
(d) investments in any corporate obligations under this act shallnot be eligible if the corporation is in default on any fixedobligations as of the date of acquisition. Statements adjusted to showthe actual condition at the time of acquisition or at effect of newfinancing (known commercially as pro forma statements) may be usedwhen determining investments in this act or in compliance withrequirements.
(e) (1) The term "fixed charges" shall include actualinterest incurred in each year on funded and unfunded debt. In thetesting of obligations where interest is partially or entirelycontingent upon earnings fixed charges shall include contingentinterest payments; and
(2) the term "net earnings available for fixed charges" shall meanincome, before deducting interest on funded and unfunded debt and afterdeducting operating and maintenance expenses, taxes other than incometaxes, depreciation and depletion. Extraordinary, nonrecurring items ofincome or expense shall be excluded.
History: L. 1972, ch. 179, § 5;L. 1987, ch. 160, § 8;L. 1991, ch. 130, § 2; July 1.