(215 ILCS 5/126.4)
Sec. 126.4.
Authorization of investments by the board of directors.
A. Within 3 months after the effective date of this amendatory Act of 1997,
an insurer's board of directors shall adopt a written plan for acquiring
and holding investments and for engaging in investment practices that specifies
guidelines as to the quality, maturity and diversification of investments and
other specifications including investment strategies intended to assure that
the investments and investment practices are appropriate for the business
conducted by the insurer, its liquidity needs and its capital and surplus. The
board shall review and assess the insurer's technical investment and
administrative capabilities and expertise before
adopting a written plan concerning an investment strategy or investment
practice.
B. Investments acquired and held under this Article shall be acquired and
held under the supervision and direction of the board of directors of the
insurer. The board of directors shall evidence by formal resolution, at least
annually, that it has determined whether all investments have been made in
accordance with delegations, standards, limitations and investment objectives
prescribed by the board or a committee of the board charged with the
responsibility to direct its investments.
C. On no less than a quarterly basis, and more often if deemed appropriate,
an insurer's board of directors or committee of the board of directors shall:
(1) Receive and review a summary report on the |
| insurer's investment portfolio, its investment activities and investment practices engaged in under delegated authority, in order to determine whether the investment activity of the insurer is consistent with its written plan; and
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(2) Review and revise, as appropriate, the written
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D. In discharging its duties under this Section, the board of directors
shall require that records of any authorizations or approvals, other
documentation as the board may require and reports of any action taken under
authority delegated under the plan referred to in subsection A of this Section
shall be made available on a regular basis to the board of directors.
E. In discharging their duties under this Section, the directors of an
insurer shall perform their duties in good faith and with that degree of care
that ordinarily prudent individuals in like positions would use under similar
circumstances.
F. If an insurer does not have a board of directors, all references to the
board of directors in this Article shall be deemed to be references to the
governing body of the insurer having authority equivalent to that of a board of
directors.
(Source: P.A. 90-418, eff. 8-15-97.)
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