(215 ILCS 5/126.30)
Sec. 126.30.
Foreign investments and foreign currency exposure.
A. Subject to the limitations of Section 126.23, an insurer may acquire
directly or indirectly through an investment subsidiary, foreign investments,
or engage in investment practices with persons of or in foreign jurisdictions,
of substantially the same types as those that an insurer is permitted to
acquire under this Article, other than of the type permitted under Section
126.25, if, as a result and after giving effect to the investment:
(1) the aggregate amount of foreign investments then |
| held by the insurer under this subsection does not exceed 20% of its admitted assets; and
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(2) the aggregate amount of foreign investments then
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| held by the insurer under this subsection in a single foreign jurisdiction does not exceed 10% of its admitted assets as to a foreign jurisdiction that has a sovereign debt rating of SVO 1 or 5% of its admitted assets as to any other foreign jurisdiction.
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B. Subject to the limitations of Section 126.23, an insurer may acquire
investments, or engage in investment practices denominated in foreign
currencies, whether or not they are foreign investments acquired under
subsection A of this Section, or additional foreign currency exposure as a
result of the termination or expiration of a hedging transaction with respect
to investments denominated in a foreign currency, if, as a result of and after
giving effect to the transaction:
(1) the aggregate amount of investments then held by
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| the insurer under this subsection denominated in foreign currencies does not exceed 15% of its admitted assets; and
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(2) the aggregate amount of investments then held by
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| the insurer under this subsection denominated in the foreign currency of a single foreign jurisdiction does not exceed 10% of its admitted assets as to a foreign jurisdiction that has a sovereign debt rating of SVO 1 or 5% of its admitted assets as to any other foreign jurisdiction.
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However, an investment shall not be considered denominated in a
foreign currency if the acquiring insurer enters into one or more contracts in
transactions permitted under Section 126.31 in which the business entity
counterparty agrees to exchange, or grants to the insurer the option to
exchange, all payments made on the foreign currency denominated
investment (or amounts equivalent to the payments that are or will be due
to the insurer in accordance with the terms of such investment) for United
States currency during the period the contract or contracts are in effect to
insulate the insurer against loss caused by diminution of the value of
payments owed to the insurer due to future changes in currency exchange
rates.
C. In addition to investments permitted under subsections A and B of this
Section, an insurer that is authorized to do business in a foreign
jurisdiction, and that has outstanding insurance, annuity or reinsurance
contracts on lives or risks resident or located in that foreign jurisdiction
and denominated in foreign currency of that jurisdiction, may acquire foreign
investments respecting that foreign jurisdiction, and may acquire investments
denominated in the currency of that jurisdiction, subject to the limitations of
Section 126.23. However, investments made under this subsection in obligations
of foreign governments, their political subdivisions and government sponsored
enterprises shall not be subject to the limitations of Section 126.23 if those
investments carry an SVO rating of 1 or 2. The aggregate amount of investments
acquired by the insurer under this subsection shall not exceed the
greater of:
(1) the amount the insurer is required by law to
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| invest in the foreign jurisdiction; or
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(2) 125% of the amount of its reserves, net of
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| reinsurance, and other obligations under the contracts.
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D. In addition to investments permitted under subsections A and B of this
Section, an insurer that is not authorized to do business in a foreign
jurisdiction but which has outstanding insurance, annuity or reinsurance
contracts on lives or risks resident or located in a foreign jurisdiction and
denominated in foreign currency of that jurisdiction, may acquire foreign
investments respecting that foreign jurisdiction, and may acquire investments
denominated in the currency of that jurisdiction subject to the limitations set
forth of Section 126.24. However, investments made under this subsection in
obligations of foreign governments, their political subdivisions and government
sponsored enterprises shall not be subject to the limitations of Section 126.23
if those investments carry an SVO rating of 1 or 2. The aggregate amount of
investments acquired by the insurer under this subsection shall not exceed 105%
of the amount of its reserves, net of reinsurance, and other obligations under
the contracts on risks resident or located in the foreign
jurisdiction.
E. Investments acquired under this Section shall be aggregated with
investments of the same types made under all other Sections of this Article,
and in a similar manner, for purposes of determining compliance with the
limitations, if any, contained in the other Sections. Investments in
obligations of foreign governments, their political subdivisions and government
sponsored enterprises of these persons, except for those exempted under
subsections C and D of this Section, shall be subject to the limitations of
Section 126.23.
(Source: P.A. 90-418, eff. 8-15-97; 91-357, eff. 7-29-99.)
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