LD 1553
pg. 16
Page 15 of 25 An Act To Permit Special Purpose Reinsurance Vehicles Page 17 of 25
Download Bill Text
LR 1915
Item 1

 
invested by the trustee in accordance with the requirements of
section 795.

 
R.__A reinsurance vehicle organized under this subchapter
may engage only in fully funded contracts to support in full
the ceding insurer's exposures assumed by the reinsurance
vehicle.__A contract must be indemnity-triggered unless the
superintendent adopts rules pursuant to section 797
authorizing nonindemnity-triggered contracts and addressing
the treatment of the portion of the risk that is
nonindemnity-based, including accounting, disclosure, risk-
based capital treatment and the manner in which risks
associated with a nonindemnity-based contract may be
evaluated and managed.__Assets of the reinsurance vehicle
may be used to pay interest or other consideration on any
outstanding debt or other obligation of the reinsurance
vehicle and nothing in this paragraph may be construed or
interpreted to prevent a reinsurance vehicle from entering
into a swap agreement or other transaction that has the
effect of guaranteeing interest or other consideration.

 
S.__In the special purpose reinsurance vehicle insurance
securitization, the contracts or other relating
documentation must contain provisions identifying the
reinsurance vehicle that enters into the reinsurance
securitization and the contracts or other documentation must
clearly disclose that the assets of the reinsurance vehicle
and only those assets are available to pay the obligations
of that reinsurance vehicle.__Notwithstanding this
paragraph, and subject to the provisions of this subchapter
and any other applicable law, the failure to include such
language in the contracts or other documentation may not be
used as the sole basis by creditors, reinsurers or other
claimants to circumvent the provisions of this subchapter.

 
T.__A reinsurance vehicle is not authorized to:

 
(1)__Issue or otherwise administer primary insurance
policies;

 
(2)__Have any obligation to the policyholders or
reinsureds of the ceding insurer;

 
(3)__Enter into a contract with a person that is not
licensed or otherwise authorized to conduct the
business of insurance or reinsurance in at least its
state or country of domicile; or

 
(4)__Assume or retain exposure to insurance or reinsurance losses
for its own account that is not


Page 15 of 25 Top of Page Page 17 of 25