Sec. 424.111. POOLING AGREEMENT PROVISIONS. The pooling agreement for an investment pool must provide that:
(1) 100 percent of the ownership interests in the pool must at all times be held by:
(A) an insurer and the insurer's affiliated insurers;
(B) for a pool investing solely in investments authorized under Section 424.104, the insurer and the insurer's subsidiaries and affiliates or any pension or profit-sharing plan of the insurer and the insurer's subsidiaries and affiliates; or
(C) for a United States branch of an alien insurer, subsidiaries or affiliates of the insurer's United States manager;
(2) the pool's underlying assets are held solely for the benefit of each participant and may not be commingled with the general assets of the pool manager or any other person;
(3) each participant owns an undivided interest in the pool's underlying assets in proportion to the aggregate amount of the participant's interest in the pool; and
(4) a pool participant or, if a pool participant is insolvent, bankrupt, or in receivership, the participant's trustee, receiver, conservator, or other successor-in-interest may withdraw all or any portion of the participant's investment from the pool under the terms of the pooling agreement.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 1, eff. April 1, 2007.
Structure Texas Statutes
Title 4 - Regulation of Solvency
Subtitle B - Reserves and Investments
Chapter 424 - Investments for Certain Insurers
Subchapter C. Investment Pools
Section 424.102. Authority to Invest in Pool
Section 424.103. Investment Pool Requirements and Qualifications
Section 424.104. Authorized Investments for Short-Term Investment Pool
Section 424.105. Short-Term Investment Pool: Certain Short-Term Obligations
Section 424.107. Authorized Investments for Authorized Investment Pool; Limitation
Section 424.108. General Insurer Investment Limitations
Section 424.109. Designation of Pool Manager; Qualifications
Section 424.110. Pool Manager to Maintain Assets; Custody Agreement
Section 424.111. Pooling Agreement Provisions
Section 424.112. Withdrawals and Distributions
Section 424.113. Investment Pool Records
Section 424.114. Inspection of Records
Section 424.115. Reports of Transactions Between Pool and Participant