Public information and confidential information

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  • (a) Except as provided in paragraphs (1) and (2) of this subsection, information submitted pursuant to the provisions of this chapter is confidential and may not be made public by the SAM or an agent or employee of the SAM, without the written consent of the entity, except that:

    • (1) information may be discoverable by a party in a civil action or contested case to which the submitting Securitization Entity or SPFC is a party, upon a showing by the party seeking to discover the information that:

      • (A) the information sought is relevant to and necessary for the furtherance of the action or case;

      • (B) the information sought is unavailable from other nonconfidential sources or

      • (C) a subpoena issued by a judicial or administrative law officer of competent jurisdiction has been submitted to the SAM; and

    • (2) the SAM may disclose the information to the public officer having jurisdiction over asset securitization and insurance securitization in a state or territory if:

      • (A) the public official agrees in writing to maintain the confidentiality of the information; and

      • (B) the laws of the state or territory in which the public official serves do not require the information to be confidential.

  • (b) The SAM shall post on a website and maintain on line:

    • (1) a list of all current regulations related to the alternative market;

    • (2) a current list of all licensed Securitization Entities and managers, along with their principal place of business in the Territory; and

    • (3) a current list of all licensed actuaries, auditors, insurance managers and intermediaries, and their principal place of business in the Territory.


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