| | |
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 |
|
|