| (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. |
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| 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. |
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| C.__If the superintendent denies the application or if the | superintendent withholds consent to a proposed transaction | involving a domestic ceding insurer under a similar law of | another jurisdiction the proposed organizer or ceding | insurer has the right to a hearing upon a timely request | filed pursuant to section 229. |
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| | 4.__Approval.__Upon approval of the application by the | superintendent and the issuance of a limited certificate of | authority, the special purpose reinsurance vehicle may be | acquired or formed and, in accordance with the approved plan of | operation, the special purpose reinsurance vehicle may enter into | contracts and conduct other activities within the scope of the | filed plan of operation. |
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| | 5.__Reinsurance activities.__The limited certificate of | authority must state that the special purpose reinsurance | vehicle's authorization to be involved in the business of | insurance is limited only to the reinsurance activities that the | special purpose reinsurance vehicle is allowed to conduct | pursuant to this subchapter. |
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| | 6.__Documentation of insurance securitization.__The special | purpose reinsurance vehicle organizer shall provide a complete | set of the documentation of the insurance securitization to the | superintendent upon closing of any transactions, including an | opinion of legal counsel with respect to compliance with this | subchapter and any other applicable laws as of the effective date | of any transaction.__Any material change to the special purpose |
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