LD 1553
pg. 23
Page 22 of 25 An Act To Permit Special Purpose Reinsurance Vehicles Page 24 of 25
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LR 1915
Item 1

 
A.__The domiciliary receiver of a special purpose
reinsurance vehicle domiciled in another state is vested by
operation of law with the title to all of the assets,
property, contracts and rights of action and all of the
books, accounts and other records of the reinsurance vehicle
located in this State.__The domiciliary receiver has the
immediate right to recover all such vested property, assets
and causes of action of the reinsurance vehicle located in
this State.

 
B.__An ancillary proceeding may not be commenced or
prosecuted in this State against a special purpose
reinsurance vehicle domiciled in another state.

 
§794.__Not subject to guaranty funds; residual market or similar

 
arrangements

 
1.__Guaranty funds.__The special purpose reinsurance vehicle
or the activities, assets and obligations relating to the
reinsurance vehicle are not subject to the provisions of chapter
57, subchapter 3 or chapter 62 and a reinsurance vehicle may not
be assessed by or otherwise be required to contribute to any
guaranty fund or guaranty association in this State with respect
to the activities, assets or obligations of a reinsurance vehicle
or the ceding insurer.

 
2.__Residual market.__The special purpose reinsurance vehicle
may not be required to participate in any residual market, so-
called "FAIR" plan or other similar plan to provide insurance
coverage, take out policies, assume risks, make capital
contributions, pay or be otherwise obligated for assessments,
surcharges or fees or otherwise support or participate in such
plans or arrangements.

 
§795.__Asset and investment limitations

 
1.__Assets.__Assets of the special purpose reinsurance vehicle
held in trust to secure obligations under the special purpose
reinsurance vehicle contract must at all times be held in:

 
A.__Cash and cash equivalents;

 
B.__Securities listed by the Securities Valuation Office of
the National Association of Commissioners or its successor
organization and qualifying as admitted assets under
statutory accounting principles pursuant to section 901-A;
or

 
C.__Any other form of security acceptable to the
superintendent.


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