LD 1553
pg. 8
Page 7 of 25 PUBLIC Law Chapter 249 Page 9 of 25
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LR 1915
Item 1

 
(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
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.

 
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.

 
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.

 
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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