Segregation of accounts

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  • (a) An International Insurance Company that is domiciled or licensed to do business in any State of the United States, or that is otherwise subject to United States federal income taxation as if it were so domiciled or licensed, shall regularly employ in its books of accounts a detailed segregation of receipts, expenditures, assets, liabilities and net worth that clearly distinguishes the income derived from insuring United States risks from the income derived from insuring other foreign risks by first allocating such items which are specifically identifiable as pertaining exclusively to the United States risks.

  • (b) Investment income earned on reserves pertaining to United States risks shall constitute investment income pertaining to United States risks.

  • (c) For the purposes of this section:

    • (1) “segregated funds” means a separate and distinct fund with separate and distinct assets maintained pursuant to subsection (2).

    • (2) Every insurer that issues policies covering life insurance or annuities as defined in section 1417 shall maintain in respect of each class or category of life insurance or annuity business that it issues one or more segregated fund.

    • (3) A segregated fund shall consist of money or securities in which trustees may invest trust money.

    • (4) A segregated fund is available only to meet the liabilities arising under the life insurance or annuity policies in respect of which the segregated fund is maintained, except that money or securities in the segregated fund may, at the discretion of the insurer’s directors but subject to actuarial certification, be withdrawn from the segregated fund and paid into the shareholders’ fund, but the amount when so withdrawn shall not exceed in the aggregate the proportionate interest of the shareholders in the segregated fund.


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