33-11-86. Management of investment pool.

For an investment in an investment pool to be qualified under this article, the manager of the investment pool shall:

Be organized under the laws of the United States or a state and designated as the pool manager in a pooling agreement;#

Be the insurer, an affiliated insurer or a business entity affiliated with the insurer, a qualified bank, or a business entity registered under the Investment Advisors Act of 1940, 15 U.S.C. Section 80b-1, et seq., as amended; or, in the case of a reciprocal insurer or interinsurance exchange, be its attorney in fact; or, in cases of a United States branch of an alien insurer, be its United States manager or affiliates or subsidiaries of its United States manager;#

Compile and maintain detailed accounting records setting forth:#

1. (A)

   The cash receipts and disbursements reflecting each participant’s proportionate investment in the investment pool;#

2. (B)

   A complete description of all underlying assets of the investment pool, including amount, interest rate, any maturity date, and other appropriate designations; and#

3. (C)

   Such other records which, on a daily basis, allow third parties to verify each participant’s investment in the investment pool; and#

Maintain the assets of the investment pool in one or more accounts, in the name of or on behalf of the investment pool, under a custodial agreement compliant with this title with a qualified bank. The custodial agreement shall include but not be limited to:#

1. (A)

   A statement and recognition of the claims and rights of each participant;#

2. (B)

   An acknowledgment that the underlying assets of the investment pool are held solely for the benefit of each participant in proportion to the aggregate amount of its investments in the investment pool; and#

3. (C)

   An agreement that the underlying assets of the investment pool shall not be commingled with the general assets of the custodian qualified bank or any other person.#