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MO SB978

Bill

Status

Introduced

2/22/2010

Primary Sponsor

Scott Rupp

Click for details

Origin

Senate

2010 Regular Session

AI Summary

  • Repeals and replaces sections 375.1152 and 375.1155, RSMo, and adds new section 375.1191 governing qualified financial contracts and netting agreements in insurance insolvency proceedings

  • Defines "qualified financial contract" to include commodity contracts, forward contracts, repurchase agreements, securities contracts, swap agreements, and similar instruments as determined by the director

  • Defines "netting agreement" as contracts documenting qualified financial transactions that provide for netting, liquidation, setoff, termination, acceleration, or close out of obligations among parties

  • Prohibits stays or injunctions preventing counterparties from exercising contractual rights to terminate, liquidate, or accelerate qualified financial contracts and netting agreements when an insurer becomes insolvent or enters a delinquency proceeding

  • Allows counterparties to set off or net termination values and payment obligations under qualified financial contracts, subject to restrictions, and requires receivers to transfer net settlement amounts owed by nondefaulting parties to the insurer's receiver

Legislative Description

Enacts various provisions of law related to the treatment of qualified financial contracts and similar agreements in insurance insolvency proceedings

Last Action

SCS Voted Do Pass S Financial and Governmental Organizations and Elections Committee (5091S.03C)

3/29/2010

Committee Referrals

Financial And Governmental Organizations And Elections2/23/2010

Full Bill Text

No bill text available