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(1) No reinsurance agreement or amendment to any agreement may be used to reduce any liability or to establish any asset in any financial statement filed with the department, unless the agreement, amendment or a binding letter of intent has been duly executed by both parties no later than the "as of date" of the financial statement.

(2) In the case of a letter of intent, a reinsurance agreement or an amendment to a reinsurance agreement must be executed within a reasonable period of time, not exceeding 90 days from the execution date of the letter of intent, in order for credit to be granted for the reinsurance ceded.

(3) The reinsurance agreement must contain provisions to the effect that:

(a) The agreement constitutes the entire agreement between the parties with respect to the business being reinsured there under and that there are no understandings between the parties other than as expressed in the agreement; and

(b) Any change or modification to the agreement is null and void unless made by amendment to the agreement and signed by both parties.

History: Sec. 33-1-313 and 33-2-1517, MCA; IMP, Sec. 33-2-1517, MCA; NEW, 1993 MAR p. 2408, Eff. 10/15/93.

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