§ 38-90-470 — Authorized contracts.

(A) A SPFC may insure only the risks of a counterparty. (B) A SPFC may not issue a contract for assumption of risk or indemnification of loss other than a SPFC contract. However, the SPFC may cede risks assumed through a SPFC contract to third party reinsurers through the purchase of reinsurance or retrocession protection on terms approved by the director. (C) A SPFC may enter into contracts and conduct other commercial activities related or incidental to and necessary to fulfill the purposes of the SPFC contract, insurance securitization, and this article. Those activities may include, but are not limited to: entering into SPFC contracts; issuing securities of the SPFC in accordance with applicable securities law; complying with the terms of these contracts or securities; entering into trust, swap, tax, administration, reimbursement, or fiscal agent transactions; or complying with trust indenture, reinsurance, or retrocession, and other agreements necessary or incidental to effectuate an insurance securitization in compliance with this article or the plan of operation approved by the director. (D)(1) A SPFC may discount its reserves at discount rates as approved by the director. (2) A SPFC shall file annually an actuarial opinion on reserves provided by an approved independent actuary.

Legislative History

HISTORY: 2004 Act No. 291, SECTION 28, eff July 29, 2004.