|
initially fully funded by proceeds from an insurance | securitization that meets the requirements of this | subchapter. |
|
| U.__At the cessation of business of a reinsurance vehicle, | the limited certificate of authority granted by the | superintendent under section 782 expires and the reinsurance | vehicle may no longer be authorized to conduct activities | pursuant to this subchapter until a new certificate of | authority is issued pursuant to a new filing in accordance | with section 782. |
|
| V.__It is unlawful for a reinsurance vehicle to lend or | otherwise invest or place in custody, trust or under | management any of its assets with or to borrow money or | receive a loan or advance from, other than by issuance of | the securities pursuant to an insurance securitization, from | anyone convicted of a felony, anyone who is untrustworthy or | of known bad character or anyone convicted of a criminal | offense involving the conversion or misappropriation of | fiduciary funds or insurance accounts, theft, deceit, fraud, | misrepresentation or corruption. |
|
| | 1.__Powers.__A special purpose reinsurance vehicle authorized | under this subchapter has the powers to enter into contracts and | to conduct other commercial activities necessary to fulfill the | purposes of this subchapter.__These activities may include, but | are not limited to, entering into contracts, issuing securities | of the special purpose reinsurance vehicle and complying with the | terms of the contracts, entering into trust agreements, swap | agreements and any other agreements necessary to effectuate an | insurance securitization in compliance with the limitations and | pursuant to the authorities granted to the reinsurance vehicle | under this subchapter or the plan of operation approved by the | superintendent. |
|
| | 2.__Bylaws.__A special purpose reinsurance vehicle organized | or doing business under this subchapter is capable of suing or | being sued and may make or enforce contracts in relation to the | business of the reinsurance vehicle; may have and use a common | seal and in the name of the reinsurance vehicle or by a trustee | chosen by the board of directors is capable of taking, | purchasing, holding and disposing of real and personal property | for carrying into effect the purposes of its organization; and | may by its board of directors, trustees, officers or managers | make bylaws and amendments to the bylaws not inconsistent with | the laws or the constitution of this State or of the United | States.__The bylaws must define the manner of electing directors, |
|
|