Sec. 15. In making a transfer of a netting agreement or qualified financial contract of an insurer that is subject to a proceeding under IC 27-9-3, the receiver shall either:
(1) transfer to one (1) party, other than an insurer subject to a proceeding under IC 27-9-3, all netting agreements and qualified financial contracts between a counterparty or an affiliate of a counterparty and the insurer that is the subject of the proceeding, including:
(A) all rights and obligations of each party; and
(B) all property, including guarantees or credit enhancements, that secures claims of each party;
under each netting agreement and qualified financial contract; or
(2) transfer none of the netting agreements, qualified financial contracts, rights, obligations, or property referred to in subdivision (1) with respect to a counterparty or an affiliate of a counterparty.
As added by P.L.11-2011, SEC.36.
Structure Indiana Code
Article 9. Supervision; Rehabilitation; Liquidation
Chapter 3.1. Treatment of Certain Agreements
27-9-3.1-1. "Actual Direct Compensatory Damages"
27-9-3.1-3. "Commodity Contract"
27-9-3.1-4. "Contractual Right"
27-9-3.1-5. "Forward Contract"
27-9-3.1-6. "Netting Agreement"
27-9-3.1-7. "Qualified Financial Contract"
27-9-3.1-8. "Repurchase Agreement"
27-9-3.1-9. "Securities Contract"
27-9-3.1-11. "Walkaway Clause"
27-9-3.1-14. Transfer of Amounts With Receiver
27-9-3.1-15. Transfers by Receiver
27-9-3.1-16. Notice to Parties of Transfer
27-9-3.1-17. Avoidance of Transfer by Receiver
27-9-3.1-18. Receiver's Right of Disaffirmance or Repudiation
27-9-3.1-19. Claim Arising From Disaffirmance or Repudiation