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Reinsurance Security Agreement for Philippines

Reinsurance Security Agreement Template for Philippines

A comprehensive legal agreement governed by Philippine law that establishes security arrangements between a reinsurer and a cedant insurance company. The document outlines the terms and conditions for providing and maintaining collateral to secure reinsurance obligations, complying with the Insurance Code of the Philippines and relevant Insurance Commission regulations. It includes detailed provisions for collateral management, valuation methodologies, and enforcement mechanisms, while incorporating specific requirements of Philippine insurance and security laws.

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What is a Reinsurance Security Agreement?

The Reinsurance Security Agreement is essential in the Philippine insurance market where reinsurance companies need to provide security for their obligations to local insurers. This document becomes necessary when a reinsurer needs to establish collateral arrangements to secure its obligations under one or more reinsurance treaties or agreements. It must comply with the Insurance Code of the Philippines (Republic Act No. 10607) and Insurance Commission regulations, particularly regarding security requirements and collateral arrangements. The agreement typically includes specific provisions for collateral valuation, maintenance requirements, and enforcement mechanisms, while addressing both domestic and international reinsurance relationships. It's particularly relevant in cases where the reinsurer is not locally licensed or needs to provide additional security for its obligations.

What sections should be included in a Reinsurance Security Agreement?

1. Parties: Identification of the reinsured (cedant), reinsurer, and any security trustee or custodian

2. Background: Context of the reinsurance relationship and purpose of the security agreement

3. Definitions: Detailed definitions of technical terms, including regulatory references and calculation methodologies

4. Security Creation: Legal provisions establishing the security interest over the collateral

5. Collateral Requirements: Specifications for acceptable forms of collateral, valuation methods, and maintenance requirements

6. Deposit and Withdrawal Mechanics: Procedures for depositing and withdrawing collateral, including timing and notice requirements

7. Representations and Warranties: Standard and specific representations from each party regarding authority, compliance, and collateral

8. Covenants: Ongoing obligations of the parties regarding maintenance of security, reporting, and regulatory compliance

9. Events of Default: Circumstances constituting default and consequences thereof

10. Rights and Remedies: Actions available to parties upon default or breach

11. Term and Termination: Duration of the agreement and termination provisions

12. Governing Law and Jurisdiction: Choice of Philippine law and jurisdiction provisions

What sections are optional to include in a Reinsurance Security Agreement?

1. Security Trustee Provisions: Required when a third-party trustee is appointed to hold the collateral

2. Foreign Exchange Provisions: Needed when collateral is denominated in foreign currencies

3. Multiple Beneficiary Provisions: Used when security is shared among multiple reinsureds

4. Investment Guidelines: Required when collateral includes investment securities that need active management

5. Tax Provisions: Detailed tax arrangements when cross-border elements exist

6. Regulatory Reporting: Additional reporting requirements for specific regulatory regimes

What schedules should be included in a Reinsurance Security Agreement?

1. Schedule of Secured Obligations: Details of the reinsurance agreements covered by the security arrangement

2. Collateral Eligibility Criteria: Specific requirements and criteria for acceptable forms of collateral

3. Valuation Methodology: Detailed procedures for valuing different types of collateral

4. Form of Collateral Statement: Template for periodic reporting of collateral status

5. Notice Requirements: Forms and procedures for various notices under the agreement

6. Authorized Signatories: List of persons authorized to act under the agreement

7. Required Forms: Standard forms for withdrawals, deposits, and other actions

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Philippines

Publisher

Genie AI

Document Type

Security Agreement

Cost

Free to use
Relevant legal definitions














































Clauses





























Relevant Industries

Insurance

Reinsurance

Financial Services

Banking

Risk Management

Legal Services

Asset Management

Relevant Teams

Legal

Compliance

Risk Management

Treasury

Insurance Operations

Underwriting

Finance

Regulatory Affairs

Corporate Security

International Operations

Relevant Roles

Chief Risk Officer

Reinsurance Manager

Legal Counsel

Compliance Officer

Treasury Manager

Insurance Operations Director

Chief Financial Officer

Underwriting Manager

Regulatory Affairs Manager

Security Trustee Officer

Collateral Manager

Insurance Commissioner

Risk Management Director

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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