2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 13 - REVISED TENNESSEE CAPTIVE INSURANCE ACT (§§ 56-13-101 — 56-13-418) › Part 4 - SPECIAL PURPOSE FINANCIAL CAPTIVES (§§ 56-13-401 — 56-13-418) › Section 56-13-412 - Reinsurance

(a)
An SPFC may reinsure only the risks of a ceding insurer, pursuant to a reinsurance contract. No SPFC shall issue a contract of insurance or a contract for assumption of risk or indemnification of loss other than such reinsurance contract.
(b)
Unless otherwise approved in advance by the commissioner, no SPFC shall assume or retain exposure to insurance or reinsurance losses for its own account that are not funded by:
(1)
Proceeds from an insurance securitization or letters of credit or other assets described in §
56-13-402
;
(2)
Premium and other amounts payable by the ceding insurer to the SPFC pursuant to the reinsurance contract; and
(3)
Any return on investment of the items described in subdivisions (b)(1) and (2).
(c)
The reinsurance contract shall contain all provisions reasonably required or approved by the commissioner, which requirements shall take into account the laws applicable to the ceding insurer regarding the ceding insurer taking credit for the reinsurance provided under such reinsurance contract.
(d)
An SPFC may cede risks assumed through a reinsurance contract to one (1) or more reinsurers through the purchase of reinsurance, subject to the prior approval of the commissioner.
(e)
An SPFC may enter into contracts and conduct other commercial activities related or incidental to and necessary to fulfill the purposes of the reinsurance contract, the insurance securitization, and this part, provided such contracts and activities are included in the SPFC's plan of operation or are otherwise approved in advance by the commissioner. Such contracts and activities may include but are not limited to:
(1)
Entering into SPFC contracts;
(2)
Issuing SPFC securities in accordance with applicable securities law;
(3)
Complying with the terms of such contracts or securities;
(4)
Entering into trust, guaranteed investment contract, letter of credit, swap, tax, administration, reimbursement, or fiscal agent transactions; and
(5)
Complying with trust indenture, reinsurance, or retrocession; and other agreements necessary or incidental to effectuate an insurance securitization in compliance with this part or the plan of operation approved by the commissioner.
(f)
Unless otherwise approved in advance by the commissioner, a reinsurance contract shall not contain any provision for payment by the SPFC in discharge of its obligations under the reinsurance contract to any person other than the ceding insurer or any receiver of the ceding insurer.
(g)
An SPFC shall notify the commissioner immediately of any action by a ceding insurer or any other person to foreclose on or otherwise take possession of collateral provided by the SPFC to secure any obligation of the SPFC.
(h)
In the SPFC insurance securitization, the contracts or other relating documentation shall contain provisions identifying the SPFC.
(i)
Unless otherwise approved by the commissioner, no SPFC shall enter into an SPFC contract with a person that is not licensed or otherwise authorized to transact the business of insurance or reinsurance in at least its state or country of domicile.
(j)
No SPFC shall:
(1)
Have any direct obligation to the policyholders or reinsureds of the counterparty; or
(2)
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 from, other than by issuance of the securities pursuant to an insurance securitization, or advance 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.
Acts 2011, ch. 468, § 1.