| 5.__Control.__"Control," including the terms "controlling," |
"controlled by" and "under common control," means the possession, |
direct or indirect, of the power to direct or cause the direction |
of the management and policies of a person, whether through the |
ownership of voting securities, by contract other than a |
commercial contract for goods or nonmanagement services, or |
otherwise, unless the power is the result of an official position |
with or corporate office held by the person.__Control is presumed |
to exist if any person, directly or indirectly, owns, controls, |
holds with the power to vote or holds proxies representing 10% or |
more of the voting securities of any other person.__This |
presumption may be rebutted by a showing that control does not |
exist.__Notwithstanding this subsection, for the purposes of this |
subchapter, the fact that a special purpose reinsurance vehicle |
exclusively provides reinsurance to a ceding insurer under a |
special purpose reinsurance vehicle contract is not by itself |
sufficient grounds for a finding that the reinsurance vehicle or |
the special purpose reinsurance vehicle organizer or owner is |
controlled by or under common control with the ceding insurer. |