LD 1553
pg. 10
Page 9 of 25 An Act To Permit Special Purpose Reinsurance Vehicles Page 11 of 25
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LR 1915
Item 1

 
duties incident to the insurance securitization and the special
purpose reinsurance vehicle contract.__The agreements may include
entering into swap agreements or other transactions that have the
objective of leveling timing differences in funding upfront or
ongoing transaction expenses or managing credit or interest rate
risk of the investments in trust to ensure that the assets held in
trust are sufficient to satisfy payment or repayment of the
securities issued pursuant to an insurance securitization
transaction or the obligations of the special purpose reinsurance
vehicle under the contract.__In fulfilling its function, the
special purpose reinsurance vehicle shall adhere to the following
requirements and shall, to the extent of its powers, ensure that
contracts obligating other parties to perform certain functions
incident to its operations are substantively and materially
consistent with the following requirements and guidelines.

 
A.__A special purpose reinsurance vehicle must have a
distinct name, which must include the designation "SPRV" or
"Special Purpose Reinsurance Vehicle."__The name of the
reinsurance vehicle may not be deceptively similar to, or
likely to be confused with or mistaken for, any other
existing business name registered in this State.

 
B.__Unless otherwise provided in the plan of operation, the
principal place of business and office of any reinsurance
vehicle organized under this subchapter must be located in
this State.

 
C.__The assets of a reinsurance vehicle must be preserved
and administered by or on behalf of the reinsurance vehicle
to satisfy the liabilities and obligations of the
reinsurance vehicle incident to the insurance securitization
and other related agreements including the contract.

 
D.__Assets of the reinsurance vehicle that are pledged to
secure obligations of the reinsurance vehicle to a ceding
insurer under a contract must be held in trust and
administered by a qualified United States financial
institution serving as trustee.__The qualified United States
financial institution may not control, be controlled by or
be under common control with the reinsurance vehicle or any
ceding insurer.

 
E.__The agreement governing the trust described in paragraph
D must create one or more trust accounts into which all
pledged assets must be deposited and held until distributed
in accordance with the trust agreement.__The pledged assets
must be held by the trustee at the trustee's office in the
United States and may be held in certificated or electronic
form.


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