Article 192a Exposure to clearing members

1.

(a)

the derivative is a CCP-related transaction in which the insurance or reinsurance undertaking is the client;

(b)

the positions and assets of the insurance or reinsurance undertaking related to that transaction are distinguished and segregated, at the level of both the clearing member and the CCP, from the positions and assets of both the clearing member and the other clients of that clearing member and as a result of that distinction and segregation those positions and assets are bankruptcy remote in the event of the default or insolvency of the clearing member or one or more of its other clients;

(c)

the laws, regulations, rules and contractual arrangements applicable to or binding the insurance or reinsurance undertaking or the CCP facilitate the transfer of the client's positions relating to that transaction and of the corresponding collateral to another clearing member within the applicable margin period of risk in the event of default or insolvency of the original clearing member. In such circumstance, the client's positions and the collateral shall be transferred at market value, unless the client requests to close out the position at market value;

(d)

the insurance or reinsurance undertaking has available an independent, written and reasoned legal opinion that concludes that, in the event of legal challenge, the relevant courts and administrative authorities would find that the client would bear no losses on account of the insolvency of the clearing member or of any the clients of that clearing member under any of the following laws:

(i)

the laws of the jurisdiction of the insurance or reinsurance undertaking, its clearing member or the CCP;

(ii)

the law governing the transaction;

(iii)

the law governing the collateral;

(iv)

the law governing any contract or agreement necessary to meet the requirement set out in point (b);

(e)

the CCP is a qualifying central counterparty.

2.