44-5109. Investments in name of insurer.
An insurer's investments shall be held in its own name or the name of its nominee, except that:
(1) Investments may be held in the name of a clearing corporation, a custodian, or the nominee of either on the following conditions:
(a) The clearing corporation, custodian, or nominee shall be legally authorized to hold the particular investment for the account of others;
(b) Security certificates held by the custodian shall be held separate from the security certificates of the custodian and of all its other customers; and
(c) Securities held indirectly by the custodian and securities in a clearing corporation shall be separately identified on the custodian's official records as being owned by the insurer. The records shall identify which securities are held by the custodian or by its agent and which securities are in a clearing corporation. If the securities are in a clearing corporation, the records shall also identify where the securities are and if in a clearing corporation, the name of the clearing corporation, and if through an agent, the name of the agent; and
(2) An insurer may participate through a member bank in the Federal Reserve book-entry system. The records of the member bank shall at all times show that the investments are held for the insurer or for specific accounts of the insurer.
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