Ohio § 3964.191

§ 3964.191.

(A) Notwithstanding the provisions of sections 3903.01 to 3903.59 of the Revised Code , the superintendent may apply to the court of common pleas of Franklin county for

an order authorizing the superintendent to rehabilitate or liquidate a special purpose

financial captive insurance company domiciled in this state on one or both of the

following grounds: (1) There has been embezzlement, wrongful sequestration, dissipation, or diversion of

the assets of the special purpose financial captive insurance company intended to

be used to pay amounts owed to the counterparty or the holders of special purpose

financial captive insurance company securities. (2) The special purpose financial captive insurance company is insolvent and the holders

of a majority in outstanding principal amount of each class of special purpose financial

captive insurance company securities request or consent to conservation, rehabilitation,

or liquidation pursuant to the provisions of this section. (B) A court may not grant the relief provided by division (A) of this section unless,

after notice and a hearing, the superintendent establishes that relief must be granted. (C) Notwithstanding any other applicable law or rule, upon any order of rehabilitation

or liquidation of a special purpose financial captive insurance company, the receiver

shall manage the assets and liabilities of the special purpose financial captive insurance

company pursuant to the provisions of section 3964.193 of the Revised Code . (D) With respect to amounts recoverable under a special purpose financial captive insurance

company contract, the amount recoverable by the receiver shall not be reduced or diminished

as a result of the entry of an order of conservation, rehabilitation, or liquidation

with respect to the counterparty, notwithstanding any provision in the contracts or

other documentation governing a special purpose financial captive insurance company

insurance securitization. (E) An application or petition, or a temporary restraining order or injunction issued

pursuant to sections 3903.01 to 3903.59 of the Revised Code , with respect to a counterparty, does not prohibit the transaction of business by

a special purpose financial captive insurance company, including any payment by a

special purpose financial captive insurance company made pursuant to a special purpose

financial captive insurance company security, or any action or proceeding against

a special purpose financial captive insurance company or its assets. (F) Notwithstanding the provisions of any applicable law or rule, the commencement of

a summary proceeding or other interim proceeding commenced before a formal delinquency

proceeding with respect to a special purpose financial captive insurance company,

and any order issued by the court, does not prohibit the payment by a special purpose

financial captive insurance company made pursuant to a special purpose financial captive

insurance company security or special purpose financial insurance company contract,

and also does not prohibit the special purpose financial captive insurance company

from taking any action required to make such payments. (G) Notwithstanding the provisions of any other applicable law or rule, both of the following

shall apply: (1) A receiver of a counterparty may not void a nonfraudulent transfer by a counterparty

to a special purpose financial captive insurance company of money or other property

made pursuant to a special purpose financial captive insurance company contract. (2) A receiver of a special purpose financial captive insurance company may not void

a nonfraudulent transfer by the special purpose financial captive insurance company

of money or other property made to a counterparty pursuant to a special purpose financial

captive insurance company contract or made to or for the benefit of any holder of

a special purpose financial captive insurance company security on account of the special

purpose financial captive insurance company security. (H) With the exception of the fulfillment of the obligations under a special purpose

financial captive insurance company contract, and notwithstanding the provisions of

any other applicable law or rule, the assets of a special purpose financial captive

insurance company, including assets held in trust, shall not be consolidated with

or included in the estate of a counterparty in any delinquency proceeding against

the counterparty, pursuant to the provisions of this section, for any purpose, including

distribution to creditors of the counterparty.