§788. Dividends
The special purpose reinsurance vehicle may not declare or pay dividends in any form to its owners unless the dividends do not cause the reinsurance vehicle or any of its protected cells to become impaired and, after giving effect to the dividends, the assets of the reinsurance vehicle, including assets held in trust pursuant to the terms of the insurance securitization, must be sufficient to meet its obligations. Except for dividends specifically provided for in the approved plan of operation under section 782, subsection 2, paragraph H, the prior approval of the superintendent is required for any dividend paid during the term of coverage or while the reinsurance vehicle has undischarged obligations to the ceding insurer. The dividends may be declared by the board of directors of the reinsurance vehicle if the dividends would not violate the provisions of this subchapter or the approved plan of operation and would not jeopardize the fulfillment of the obligations of the reinsurance vehicle or the trustee pursuant to the special purpose reinsurance vehicle insurance securitization, the special purpose reinsurance vehicle contract or any related transaction. The provisions of section 222, subsection 11‑C do not apply to such dividends. [PL 2009, c. 511, Pt. A, §6 (AMD).]
SECTION HISTORY
PL 2003, c. 249, §2 (NEW). PL 2007, c. 386, §16 (AMD). PL 2009, c. 511, Pt. A, §6 (AMD).
Structure Maine Revised Statutes
TITLE 24-A: MAINE INSURANCE CODE
Chapter 9: KINDS OF INSURANCE; LIMITS OF RISK; REINSURANCE
Subchapter 6: SPECIAL PURPOSE REINSURANCE VEHICLE
24-A §782. Limited certificate of authority required
24-A §783. Limited purpose of special purpose reinsurance vehicle
24-A §784. Approved transactions and operation of special purpose reinsurance vehicles
24-A §789. Records and financial reports
24-A §790. Officers and directors
24-A §793. Conservation, rehabilitation or liquidation
24-A §794. Not subject to guaranty funds; residual market or similar arrangements
24-A §795. Asset and investment limitations
24-A §796. No transaction of insurance business by investors in securities
24-A §796-A. Confidentiality of proprietary information