| | | A.__The domiciliary receiver of a special purpose | | reinsurance vehicle domiciled in another state is vested by | | operation of law with the title to all of the assets, | | property, contracts and rights of action and all of the | | books, accounts and other records of the reinsurance vehicle | | located in this State.__The domiciliary receiver has the | | immediate right to recover all such vested property, assets | | and causes of action of the reinsurance vehicle located in | | this State. |
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| | | B.__An ancillary proceeding may not be commenced or | | prosecuted in this State against a special purpose | | reinsurance vehicle domiciled in another state. |
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| | | §794.__Not subject to guaranty funds; residual market or similar |
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| | | 1.__Guaranty funds.__The special purpose reinsurance vehicle | | or the activities, assets and obligations relating to the | | reinsurance vehicle are not subject to the provisions of chapter | | 57, subchapter 3 or chapter 62 and a reinsurance vehicle may not | | be assessed by or otherwise be required to contribute to any | | guaranty fund or guaranty association in this State with respect | | to the activities, assets or obligations of a reinsurance vehicle | | or the ceding insurer. |
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| | | 2.__Residual market.__The special purpose reinsurance vehicle | | may not be required to participate in any residual market, so- | | called "FAIR" plan or other similar plan to provide insurance | | coverage, take out policies, assume risks, make capital | | contributions, pay or be otherwise obligated for assessments, | | surcharges or fees or otherwise support or participate in such | | plans or arrangements. |
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| | | §795.__Asset and investment limitations |
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| | | 1.__Assets.__Assets of the special purpose reinsurance vehicle | | held in trust to secure obligations under the special purpose | | reinsurance vehicle contract must at all times be held in: |
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| | | A.__Cash and cash equivalents; |
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| | | B.__Securities listed by the Securities Valuation Office of | | the National Association of Commissioners or its successor | | organization and qualifying as admitted assets under | | statutory accounting principles pursuant to section 901-A; | | or |
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| | | C.__Any other form of security acceptable to the | | superintendent. |
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