| | | (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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