Examples of SAC Act in a sentence
As noted above, the Company is also registered under the SAC Act.
The SAC Act provides that any asset which attaches to a particular account shall not be available or used to meet liabilities to and shall for all purposes be protected from the general shareholders of the SAC and from the creditors of the SAC who are not creditors in respect of the particular segregated account identified in the governing instrument.
Any risks (that might otherwise have arisen) in the event of failure to observe such a technicality are eliminated when the counter party is an ISA.While there is specific statutory provision in the SAC Act that “internal transactions” are valid, notwithstanding that they technically involve the SAC contracting with itself, such transactions may cause confusion, particularly in jurisdictions that are not familiar with cellular structures.
In contrast, the obligation to inform the BMA of a likely insolvency situation applies to the account representative of an SAC regardless if it is a financial institution or not.The SAC Act imposes similar duties on the representative, however, the ISAC Act goes further by empowering the representative to compel the ISAC to provide him or her with information and documentation necessary for the representative to perform his or her duties.
Any company to which the Companies Act applies (including a company registered under the SAC Act) may apply to be registered as an ISAC.
Each party acknowledges that the Subscribing Reinsurer is a segregated accounts company under the SAC Act and agrees that its rights and obligations under this Agreement are subject to the provisions of the SAC Act.
Bermuda was a pioneer in developing ring-fenced cell or “segregated account” structures, which were initially created by means of private acts in the 1990s and later, given increased demand, by registration pursuant to the Segregated Accounts Companies Act 2000 (the SAC Act).The SAC Act has served industry well and the robustness of the statutory ring-fencing of assets and liabilities linked to a segregated account (SA) of an SAC has been upheld by the Bermuda courts.
The Company is incorporated in Bermuda as a segregated accounts company pursuant to the SAC Act (as defined below), licensed as a Class C insurer pursuant to the Insurance Act (as defined below) and has established the Retrocessionaire for the purpose of reinsuring the Retroceded Policies.
Subject to the requirements of the SAC Act, the Companies Act, the Insurance Act and the Bye-Laws, upon the recommendation of the Manager, the Board shall not unreasonably withhold the declaration to pay such dividends, it being understood that the dividends and distributions from the Segregated Account to the Shareholder are sole source of working capital for the Shareholder.
As a segregated accounts company the Company is permitted to create Segregated Accounts (i.e. Funds) pursuant to the SAC Act, collectively referred to herein as “Segregated Accounts”, in order to segregate the assets and liabilities relating to a particular class of Participating Shares from the assets and liabilities relating to each other class of Participating Shares and from the Company's general assets and liabilities.