NDAC 45-03-12-05
Authorization of investments by the board of directors
Cite as N.D. Admin. Code ยง 45-03-12-05
An investment is deemed to be authorized by an insurer's board of directors prior to its acquisition if
the investment is acquired and held subject to the following requirements:
1.
The 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.
2.
For purposes of this section, investment strategy means the techniques and methods used by
an insurer to meet its investment objectives, such as active bond portfolio management,
passive bond portfolio management, interest rate anticipation, growth investing, and value
investing.
3.
Investments shall be acquired and held under the supervision and direction of the board of
directors and the board 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.
4.
On no less than a quarterly basis, the board of directors or committee of the board of directors
shall:
a.
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
b.
Review and revise, as appropriate, the written plan.
5.
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 written plan be made available on a
regular basis to the board of directors.