|
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 | 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 |
|
|