Title 33, Chapter 11, Section 86
( 33-11-86)
For an investment in an investment pool to be qualified under this
article, the manager of the investment pool shall: (1) Be organized under the laws of the United States or a state
and designated as the pool manager in a pooling agreement; (2) 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; (3) Compile and maintain detailed accounting records setting
forth: (A) The cash receipts and disbursements reflecting each
participant's proportionate investment in the investment pool; (B) A complete description of all underlying assets of the
investment pool, including amount, interest rate, any maturity
date, and other appropriate designations; and (C) Such other records which, on a daily basis, allow third
parties to verify each participant's investment in the
investment pool; and (4) 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: (A) A statement and recognition of the claims and rights of each
participant; (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 (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. |