A. Any domestic insurer, either by itself or in cooperation with one or more persons, may organize or acquire one or more subsidiaries. A subsidiary may conduct any kind of business. Its authority to conduct one or more businesses shall not be limited by its status as a subsidiary of a domestic insurer.

B. In addition to investments in common stock, preferred stock, debt obligations and other securities permitted pursuant to the Insurance Holding Company Law, a domestic insurer may also invest:

(1) in common stock, preferred stock, debt obligations and other securities of one or more subsidiaries, amounts that do not exceed the lesser of ten percent of the insurer's assets or fifty percent of the insurer's surplus as regards policyholders; provided that after the investments, the insurer's surplus as regards policyholders shall be reasonable in relation to the insurer's outstanding liabilities and adequate to its financial needs. In calculating the amount of the investments, investments in domestic or foreign insurance subsidiaries and health maintenance organizations shall be excluded, and there shall be included:

(a) total net money or other consideration expended and obligations assumed in the acquisition or formation of a subsidiary, including all 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

(b) all amounts expended in acquiring additional common stock, preferred stock, debt obligations and other securities and all contributions to the capital or surplus of a subsidiary subsequent to its acquisition or formation;

(2) 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 insurer; provided that each subsidiary agrees to limit its investments in any asset so that the investments will not cause the amount of the total investment of the insurer to exceed any of the investment limitations specified in Paragraph (1) of this subsection or in Chapter 59A, Article 9 NMSA 1978 applicable to the insurer. For the purpose of this paragraph, "the total investment of the insurer" includes:

(a) any direct investment by the insurer in an asset; and

(b) the insurer's proportionate share of any investment in an asset by any subsidiary of the insurer, which shall be calculated by multiplying the amount of the subsidiary's investment by the percentage of the ownership of the subsidiary; or

(3) with the approval of the superintendent, any greater amount in common stock, preferred stock, debt obligations or other securities of one or more subsidiaries; provided that after the investment, the insurer's surplus as regards policyholders will be reasonable in relation to the insurer's outstanding liabilities and adequate to its financial needs.

C. Investments in common stock, preferred stock, debt obligations or other securities of subsidiaries made pursuant to Subsection B of this section shall not be subject to any of the otherwise applicable restrictions or prohibitions contained in the Insurance Code applicable to the investments of the insurer.

D. Whether any investment pursuant to Subsection B of this section meets the applicable requirements of that subsection shall be determined before the investment is made by calculating the applicable investment limitations as though the investment had already been made, taking into account the then outstanding principal balance on all previous investments in debt obligations and the value of all previous investments in equity securities as of the day they were made, net of any return of capital invested and not including dividends.

E. If an insurer ceases to control a subsidiary, it shall dispose of any investment made in it pursuant to this section within three years from the time of the cessation of control or within such further time as the superintendent may prescribe, unless at any time after the investment is made, the investment meets the requirements for investment under any other section of the Insurance Code and the insurer has so notified the superintendent.

History: 1978 Comp., § 59A-37-3, enacted by Laws 1993, ch. 320, § 72; 2001, ch. 90, § 2; 2014, ch. 59, § 30.

Repeals and reenactments. — Laws 1993, ch. 320, § 72 repealed former 59A-37-3 NMSA 1978, as enacted by Laws 1984, ch. 127, § 618, relating to the purpose of Article 37, and enacted a new section, effective June 18, 1993.

Cross references. — For the Securities Exchange Act of 1934, see 15 U.S.C. § 78a et seq.

For the Investment Company Act of 1940, see 15 U.S.C. § 80a-1 et seq.

The 2014 amendment, effective July 1, 2014, removed restrictions on the type of subsidiaries a domestic insurer may organize or acquire; in Subsection A, after the first sentence, deleted "engaged in the following kinds of business" and added the second and third sentences; in Subsection A, deleted former Paragraphs (1) through (12), which listed the types of business transactions in which subsidiaries were authorized to engage; in Subsection B, after "permitted pursuant to the", deleted "federal", and after "insurer may also", added "invest"; in Subsection B, Paragraph (1), in the first sentence, deleted "invest", and in the second sentence, after "foreign insurance subsidiaries", added "and health maintenance organizations"; in Subsection B, Paragraph (2), in the first sentence, deleted "invest"; and in Subsection B, Paragraph (3), deleted "invest".

Severability. — Laws 2014, ch. 59, § 54 provided that if any part or application of the provisions of Laws 2014, ch. 59 is held invalid, the remainder or its application to other situations or persons shall not be affected.

The 2001 amendment, effective July 1, 2001, inserted "federal" preceding the act names in Paragraphs A(4), A(5) and Subsection B, and deleted "including, but not limited to, actuarial, loss prevention, safety engineering, data processing, accounting, claims, appraisal and collection services" from the end of Paragraph A(7).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 18A Am. Jur. 2d Corporations §§ 772, 773.