LD 1553
pg. 7
Page 6 of 25 An Act To Permit Special Purpose Reinsurance Vehicles Page 8 of 25
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LR 1915
Item 1

 
holding assets that secure the obligations of the special
purpose reinsurance vehicle under the contract and the
contract with the ceding insurers in connection with the
contemplated insurance securitization are structured in
accordance with the requirements under this subchapter.

 
3.__Additional information.__The superintendent shall notify
the special purpose reinsurance vehicle organizer if any
additional information is needed in order to review the
application and shall approve or deny the application within 60
days after determining that the application is complete.

 
A.__The superintendent shall approve the application and
issue a limited certificate of authority under this section
if the superintendent finds that:

 
(1)__The proposed plan of operation provides a
reasonable expectation of a successful operation;

 
(2)__The terms of the contract and related transactions
comply with this subchapter and any applicable rules
adopted by the superintendent;

 
(3)__The proposed plan of operation is not hazardous to
any ceding insurer or to policyholders; and

 
(4)__The insurance regulator of the state of domicile
of each ceding insurer has notified the superintendent
in writing that it has not disapproved the transaction.__
The superintendent may waive this requirement for a
ceding insurer whose domiciliary state does not have a
substantially similar law if the superintendent finds
that the domiciliary regulator has had notice and
adequate opportunity to review the proposal and has not
objected.

 
B.__In evaluating the expectation of a successful operation,
the superintendent shall consider, among other factors,
whether the proposed organizer, directors and officers of
the proposed special purpose reinsurance vehicle are of good
character and not reasonably believed to be affiliated,
directly or indirectly, through ownership, control,
management, reinsurance transactions or other insurance or
business relations, with any person known to have been
involved in the improper manipulation of assets, accounts or
reinsurance.

 
C.__If the superintendent denies the application or if the
superintendent withholds consent to a proposed transaction


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