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MO SB978
Bill
AI Summary
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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
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Defines "qualified financial contract" to include commodity contracts, forward contracts, repurchase agreements, securities contracts, swap agreements, and similar instruments as determined by the director
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Defines "netting agreement" as contracts documenting qualified financial transactions that provide for netting, liquidation, setoff, termination, acceleration, or close out of obligations among parties
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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
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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