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TITLE 28INSURANCE
PART 1TEXAS DEPARTMENT OF INSURANCE
CHAPTER 7CORPORATE AND FINANCIAL REGULATION
SUBCHAPTER FREINSURANCE
RULE §7.622Certification and Rating

      (iii) a statement that the applicant commits to comply with all contractual requirements applicable to reinsurance contracts with United States ceding insurers; and

      (iv) any such additional information concerning the applicant's claims practices with regard to any or all United States ceding insurers that the Commissioner may request following receipt of the notice;

  (7) a certification from the certified assuming insurer's domestic regulator that the certified assuming insurer is in good standing and maintains capital in excess of the jurisdiction's highest regulatory action level;

  (8) evidence of the applicant's financial strength by:

    (A) confirming all interactive financial strength ratings currently maintained by the applicant;

    (B) specifying the type of financial strength rating; and if the financial strength rating is not on a stand-alone basis, provide the rationale for the group rating;

    (C) submitting copies of full NRSRO reports dated within 15 months of the application date all financial strength ratings currently maintained by the applicant, except if a full report is not available, the applicant must provide a letter from the applicable NRSRO affirming its current financial strength rating; and

    (D) providing an explanation of any changes in the financial strength rating during the last three years;

  (9) the mechanisms the applicant will use to secure obligations incurred as a certified assuming insurer in accordance with Insurance Code §§493.1033-493.1038 and this subchapter. If the applicant intends to utilize a multibeneficiary trust for this purpose, the applicant must submit:

    (A) a copy of the approval from the domiciliary regulator with regulatory oversight of the 100 percent collateral and reduced collateral multibeneficiary trusts or its intention to secure the approval of the domiciliary regulator of the trust before either trust can be used;

    (B) the form of the trust that will be used to secure obligations incurred as a certified assuming insurer; and

    (C) the form of the trust that will be used to secure obligations incurred outside of the applicant's certified assuming insurer status; and

  (10) a description of the applicant's past, present or proposed future participation in any solvent scheme of arrangement, or similar procedure, involving United States ceding insurers and a statement that the applicant will notify the Commissioner in writing of any future proposed participation by the certified assuming insurer in a solvent scheme of arrangement, or similar procedure, not less than 30 days prior to such participation;

  (11) applicant information, including the applicant's:

    (A) full name;

    (B) physical address for its principal place of business;

    (C) mailing address;

    (D) NAIC number, United States federal tax identification number, and ISI number; and

    (E) contact individual's name, phone number, and email; and

  (12) other information that the Commissioner may reasonably require.


Source Note: The provisions of this §7.622 adopted to be effective June 19, 2018, 43 TexReg 3888

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