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<section article="gin" article_name="Insurance" number="7-202" title_number="7" title_name="Maryland Insurance Acquisitions Disclosure and Control Act" subtitle_number="2" subtitle_name="Acquisitions and Investments -- in General">
  <level label="a">
    <text>The investments authorized in this section are in addition to investments in common stock, preferred stock, debt obligations, and other securities allowed elsewhere in this article.</text>
  </level>
  <level label="b">
    <text>In calculating investments under this section, a domestic insurer:</text>
    <level label="1">
      <text>shall exclude investments in domestic or foreign insurance subsidiaries; and</text>
    </level>
    <level label="2">
      <text>with respect to investments in all other subsidiaries, shall include:</text>
      <level label="i">
        <text>the net total of money spent, obligations assumed, and other consideration given to acquire or form the subsidiary, including organizational expenses and contributions to capital and surplus of the subsidiary, whether or not represented by the purchase of capital stock or issuance of other securities; and</text>
      </level>
      <level label="ii">
        <text>the amount spent after the subsidiary is acquired or formed to acquire additional common stock, preferred stock, debt obligations, and other securities and all contributions to the capital or surplus of the subsidiary.</text>
      </level>
    </level>
  </level>
  <level label="c">
    <text>A domestic insurer may invest any amount in common stock, preferred stock, debt obligations, and other securities of one or more subsidiaries if:</text>
    <level label="1">
      <text>the amount does not exceed the lesser of 10% of the domestic insurer’s assets and 50% of the domestic insurer’s surplus as regards policyholders; and</text>
    </level>
    <level label="2">
      <text>after the investment, the domestic insurer has remaining surplus as regards policyholders that:</text>
      <level label="i">
        <text>bears a reasonable relation to the domestic insurer’s outstanding liabilities; and</text>
      </level>
      <level label="ii">
        <text>is adequate to meet the domestic insurer’s financial needs.</text>
      </level>
    </level>
  </level>
  <level label="d">
    <level label="1">
      <text>For purposes of this subsection, total liabilities are calculated in the same manner that total liabilities are calculated for the annual statement required by the National Association of Insurance Commissioners.</text>
    </level>
    <level label="2">
      <text>This subsection applies only to a domestic insurer whose total liabilities are less than 10% of its assets.</text>
    </level>
    <level label="3">
      <text>For purposes of this subsection, in calculating assets and surplus as regards policyholders remaining after an investment, a domestic insurer shall treat the investment as if it were a nonadmitted asset.</text>
    </level>
    <level label="4">
      <text>A domestic insurer subject to this subsection may invest any amount in common stock of one or more of its subsidiaries if, after the investment, the domestic insurer has remaining assets and surplus as regards policyholders that:</text>
      <level label="i">
        <text>bear a reasonable relation to the domestic insurer’s outstanding liabilities; and</text>
      </level>
      <level label="ii">
        <text>are adequate to meet the domestic insurer’s financial needs.</text>
      </level>
    </level>
    <level label="5">
      <text>A domestic insurer subject to this subsection may invest any amount in preferred stock and debt obligations of one or more of its subsidiaries if, after the investment, the domestic insurer has remaining surplus as regards policyholders that:</text>
      <level label="i">
        <text>bears a reasonable relation to the domestic insurer’s outstanding liabilities; and</text>
      </level>
      <level label="ii">
        <text>is adequate to meet the domestic insurer’s financial needs.</text>
      </level>
    </level>
  </level>
  <level label="e">
    <level label="1">
      <text>In this subsection, “total investment” includes:</text>
      <level label="i">
        <text>a direct investment by the domestic insurer in an asset other than securities of its subsidiaries; and</text>
      </level>
      <level label="ii">
        <text>the domestic insurer’s proportionate share of any investment in an asset by a subsidiary of the insurer, calculated by multiplying the amount of the subsidiary’s investment by the percentage of the domestic insurer’s ownership of the subsidiary.</text>
      </level>
    </level>
    <level label="2">
      <text>A domestic insurer may invest any amount in common stock, preferred stock, debt obligations, and other securities of one or more subsidiaries engaged or organized to engage exclusively in the ownership and management of assets authorized as investments for the domestic insurer or one or more insurance subsidiaries, to the extent that each subsidiary limits its investments in any asset so that the investments will not cause the amount of the total investment of the domestic insurer to exceed any of the investment limitations applicable to the domestic insurer under subsection (c) of this section or under Title 5, Subtitles 5 and 6 of this article.</text>
    </level>
  </level>
  <level label="f">
    <text>Notwithstanding the limitations specified in subsections (c), (d), and (e) of this section, and treating the investment as if it were a nonadmitted asset, with the approval of the Commissioner, a domestic insurer may invest any amount in common stock, preferred stock, debt obligations, and other securities of one or more subsidiaries if, after the investment, the domestic insurer has remaining surplus as regards policyholders that:</text>
    <level label="1">
      <text>bears a reasonable relation to the domestic insurer’s outstanding liabilities; and</text>
    </level>
    <level label="2">
      <text>is adequate to meet the domestic insurer’s financial needs.</text>
    </level>
  </level>
</section>
