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Receivership Law (E) Working Group

2020 Membership

2021 Proposed Charges

The Receivership Law (E) Working Group will:

  1. Review and provide recommendations on any issues identified that may affect states’ receivership and guaranty association laws (e.g., any issues that arise as a result of market conditions; insurer insolvencies; federal rulemaking and studies; international resolution initiatives; or as a result of the work performed by or referred from other NAIC committees, task forces and/or working groups).
  2. Discuss significant cases that may impact the administration of receiverships.
  3. Complete work as assigned from the Receivership and Insolvency (E) Task Force to address recommendations from the Financial Stability (EX) Task Force’s Macroprudential Initiative (MPI) referral:
    1. Complete work related to qualified financial contracts (QFCs), including: 1) explore if bridge institutions could be implemented under regulatory oversight pre-receivership to address an early termination of QFCs and, if appropriate, develop applicable guidance; 2) develop enhancements to the Receiver's Handbook guidance on QFCs; and 3) identify related pre-receivership considerations related to QFCs and, if necessary, make referrals to other relevant groups to enhance pre-receivership planning, examination and analysis guidance.
    2. Review and provide recommendations for remedies to ensure the continuity of essential services and functions to an insurer in receivership by affiliated entities, including non-regulated entities. Among other solutions, this will encompass a review of the Insurance Holding Company System Regulatory Act (#440) and the Insurance Holding Company System Model Regulation with Reporting Forms and Instructions (#450) to provide proposed revisions to address the continuation of essential services through affiliated intercompany agreements in a receivership.
    3. Consult with and/or make referrals to other NAIC working groups, as deemed necessary, as the topic relates to affiliated intercompany agreements and pre-receivership considerations. Complete by the 2021 Fall National Meeting.

2020 Charges

The Receivership Law (E) Working Group will:

  1. Review and provide recommendations on any issues identified that may affect states’ receivership and guaranty association laws; for example, any issues that arise as a result of market conditions, insurer insolvencies, federal rulemaking and studies, international resolution initiatives or as a result of the work performed by other NAIC committees, task forces and/or working groups.
  2. Discuss significant cases that may impact the administration of receiverships.
  3. Complete work as assigned from the Task Force to address recommendations from the Financial Stability (EX) Task Force’s Macroprudential Initiative (MPI) referral as follows:
    1. Draft updated guidance for the Receiver's Handbook on taxes in receivership and federal releases;
    2. Explore if bridge institutions could be implemented under regulatory oversight pre-receivership to address an early termination of qualified financial contracts (QFCs), and if appropriate, develop applicable guidance. Review the Receiver's Handbook guidance on QFCs and if necessary, draft enhancements. Identify related pre-receivership considerations related to QFCs and, if necessary, make referrals to other relevant groups to enhance pre-receivership planning, examination and analysis guidance; and,
    3. Review and provide recommendations for remedies to ensure continuity of essential services and functions to an insurer in receivership by affiliated entities, including non-regulated entities. Consult with the Group Solvency Issues (E) Working Group as the topic relates to affiliated intercompany agreements.
Receivership Law (E) Working Group

Public Conference Call
Thursday, October 29, 2020
12:00 PM ET, 11:00 AM CT, 10:00 AM MT, 9:00 AM PT
Expected Length of Call: 1 hr
Webex Link

The purpose of the call is to discuss comments received on recent exposure drafts.


Related NAIC Publications

Contacts

Media Inquiries
(816) 783-8909
news@naic.org


Jane Koenigsman 
Sr. Manager, L/H Financial Analysis
816.783.8145 

Please see the current Committee List for a complete list of committee members.