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Section 38-90-590. Conditions for SPFC contract being granted credit for reinsurance treatment or otherwise qualifying as asset or reduction from liability for benefit of counterparty.

SC Code § 38-90-590 (2019) (N/A)
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A SPFC contract meeting the provisions of this article must be granted credit for reinsurance treatment or otherwise qualifies as an asset or a reduction from liability for reinsurance ceded by a domestic insurer to a SPFC as an assuming insurer pursuant to the provisions of Section 38-9-210 for the benefit of the counterparty, provided and only to the extent:

(1) of the fair value of the assets held in trust for, or irrevocable letters of credit issued by a bank chartered by this State or a member bank of the Federal Reserve System or as approved by the director, for the benefit of the counterparty under the SPFC contract;

(2) the assets are held in trust pursuant to the provisions of this article;

(3) the assets are administered in the manner and pursuant to arrangements as provided in this article; and

(4) the assets are held or invested in one or more of the forms allowed in Section 38-90-530.

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

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