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Reinsurance Trust Agreement Template for United States

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Key Requirements PROMPT example:

Reinsurance Trust Agreement

"Need a Reinsurance Trust Agreement for our US-based life insurance company to secure reinsurance obligations with a Bermuda-based reinsurer, with assets to be held by JP Morgan Chase as trustee, targeting implementation by March 2025."

Document background
A Reinsurance Trust Agreement is essential when a reinsurer needs to provide security for its obligations to a ceding insurer under U.S. insurance regulations. This document is particularly important for maintaining compliance with credit for reinsurance requirements and protecting the interests of the ceding insurer. The agreement establishes the trust account structure, defines eligible assets, specifies withdrawal conditions, and outlines the trustee's responsibilities. It must comply with both state and federal regulations, including NAIC model laws and state-specific insurance requirements.
Suggested Sections

1. Parties: Identifies the Grantor (reinsurer), Beneficiary (ceding insurer), and Trustee

2. Background/Recitals: States the purpose of the trust agreement and references the underlying reinsurance agreement

3. Definitions: Defines key terms used throughout the agreement

4. Establishment of Trust Account: Details the creation and structure of the trust account

5. Asset Management: Specifies eligible assets and investment guidelines

6. Trustee Powers and Duties: Outlines the responsibilities and authority of the trustee

7. Withdrawal of Assets: Procedures for withdrawing assets from the trust

8. Termination: Conditions and procedures for terminating the trust

Optional Sections

1. Substitution of Assets: Procedures for asset substitution when parties want flexibility in managing trust assets

2. Foreign Currency Provisions: Rules for handling multiple currencies when trust involves international transactions

3. Investment Manager Provisions: Rules for third-party investment management when external investment managers are involved

Suggested Schedules

1. Schedule A - Eligible Assets: List of permitted investment types and criteria

2. Schedule B - Fee Schedule: Trustee compensation and fee structure

3. Schedule C - Authorized Persons: List of individuals authorized to act on behalf of parties

4. Appendix A - Form of Withdrawal Notice: Standard form for requesting asset withdrawals

5. Appendix B - Investment Guidelines: Detailed investment restrictions and requirements

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Industries

Dodd-Frank Act: Federal legislation that includes provisions affecting reinsurance arrangements and oversight of the insurance industry through the Federal Insurance Office

NAIC Model Law #785: Credit for Reinsurance Model Law establishing requirements for U.S. ceding insurers to take financial statement credit for reinsurance

NAIC Model Regulation #786: Credit for Reinsurance Model Regulation providing detailed requirements for reinsurance trust agreements and acceptable collateral arrangements

NAIC Model Regulation #791: Life and Health Reinsurance Agreements Model Regulation governing specific requirements for life and health reinsurance arrangements

State Insurance Codes: State-specific insurance laws and regulations that govern reinsurance trust agreements within each jurisdiction

OCC Trust Regulations: Office of the Comptroller of the Currency regulations governing trust activities and qualified U.S. financial institutions serving as trustees

State Trust Laws: State-specific trust laws governing the creation, management, and termination of trust arrangements

Federal Banking Regulations: Regulations governing qualified U.S. financial institutions that may serve as trustees for reinsurance trust agreements

Covered Agreements: Bilateral agreements between U.S. and foreign jurisdictions (particularly EU/UK) affecting collateral requirements for cross-border reinsurance

Internal Revenue Code: Federal tax provisions specifically related to reinsurance transactions and trust arrangements

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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