The Reinsurance Security Agreement is essential in U.S. reinsurance transactions where collateral must be posted to secure reinsurance obligations. This document becomes necessary when a cedent requires security for reinsurance recoverables, particularly with non-U.S. or non-admitted reinsurers. The agreement details collateral requirements, maintenance obligations, and security enforcement rights, ensuring compliance with state insurance regulations and federal laws. It's particularly crucial for maintaining statutory credit for reinsurance under U.S. insurance regulations.
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1. Parties: Identification of reinsurer and cedent
2. Background: Context of reinsurance relationship and security arrangement
3. Definitions: Key terms including Collateral, Security Account, Required Amount
4. Security Interest Grant: Formal grant of security interest in collateral
5. Collateral Requirements: Specifications for type, amount, and maintenance of collateral
6. Rights and Obligations: Parties' responsibilities regarding collateral
7. Events of Default: Circumstances constituting default and remedies
8. Termination: Conditions and process for agreement termination
1. Custodian Provisions: Terms regarding third-party custodian when using a custodial arrangement
2. Trust Account Provisions: Terms specific to trust arrangements when trust structure is used
3. Foreign Reinsurer Provisions: Additional terms for non-U.S. reinsurers when reinsurer is foreign
1. Schedule A - Collateral Description: Detailed description of security collateral
2. Schedule B - Required Amount Calculation: Formula for calculating required collateral amount
3. Schedule C - Permitted Investments: List of acceptable investment types for collateral
4. Appendix 1 - Forms: Standard forms for notices, withdrawals, and other operational matters
5. Appendix 2 - Security Account Details: Account information and operational procedures
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