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Article 321 - Rights of the providers of debt or financing mechanisms

Article 321
Rights of the providers of debt or financing mechanisms

The contractual arrangements relating to the transfer of risk from an insurance or reinsurance undertaking to a special purpose vehicle and from the special purpose vehicle to the providers of debt or finance shall ensure all of the following:

(a)

the claims of the providers of debt or financing mechanisms are at all times subordinated to the reinsurance obligations of the special purpose vehicle to the insurance or reinsurance undertaking;

(b)

no payments are made to the providers of debt or financing, if following those payments the special purpose vehicle would no longer be fully funded;

(c)

the providers of debt or finance to the special purpose vehicle have no rights of recourse to the assets of the insurance or reinsurance undertaking;

(d)

the providers of debt or finance to the special purpose vehicle have no rights to apply for the winding-up of the special purpose vehicle.

Official text · consolidated version 14/11/2024 (in force) Open full page ↗
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