33-11-87. Notification to Commissioner; ownership; inspection.

A pooling agreement under this article may not be entered into unless the insurer has notified the Commissioner in writing of the pooling agreement at least 30 days prior to entering into the pooling agreement and the Commissioner has not disapproved it within such period. The pooling agreement for each investment pool shall be in writing and shall provide that:

An insurer and its affiliated insurers or, in the case of an investment pool investing solely in investments permitted under paragraph (1) of subsection (a) of Code Section 33-11-83, the insurer and its subsidiaries, affiliates, or any pension or profit-sharing plan of the insurer, its subsidiaries and affiliates, or, in the case of a United States branch of an alien insurer, affiliates or subsidiaries of its United States manager, shall, at all times, hold 100 percent of the interests in the investments pool;#

The underlying assets of the investment pool shall not be commingled with the general assets of the pool manager or any other person;#

In proportion to the aggregate amount of each pool participant’s interest in the investment pool:#

1. (A)

   Each participant owns an undivided interest in the underlying assets of the investment pool; and#

2. (B)

   The underlying assets of the investment pool are held solely for the benefit of each participant;#

A participant, or in the event of the participant’s insolvency, bankruptcy, or receivership, its trustee, receiver, or other successor in interest, may withdraw all or any portion of its investment from the pool under the terms of the pooling agreement;#

Withdrawals may be made on demand without penalty or other assessment on any business day, but settlement of funds shall occur within a reasonable and customary period thereafter not to exceed five business days. Distributions under this paragraph shall be calculated in each case net of all then applicable fees and expenses of the investment pool. The pooling agreement shall provide that the pool manager shall distribute to a participant, at the discretion of the pool manager:#

1. (A)

   In cash, the then fair market value of the participant’s pro rata share of each underlying asset of the investment pool;#

2. (B)

   In kind, a pro rata share of each underlying asset; or#

3. (C)

   In a combination of cash and in kind distributions, a pro rata share of each underlying asset; and#

The pool manager shall make the records of the investment pool available for inspection by the Commissioner.#