Oklahoma Code § 36-1696

Title 36. Insurance: Creditors of protected cells – Obligation of protected
Open in Lexace · Ask the AI about this section
cell company.
A.  1.  Protected cell assets shall only be available to the
creditors of the protected cell company that are creditors in
respect to that protected cell and shall be entitled, in conformity
with the provisions of the Protected Cell Companies Act, to have
recourse to the protected cell assets attributable to that protected
cell, and shall be absolutely protected from the creditors of the
protected cell company that are not creditors in respect of that
protected cell and, who accordingly, shall not be entitled to have
recourse to the protected cell assets attributable to that protected
cell.  Creditors, with respect to a protected cell, shall not be
entitled to have recourse against the protected cell assets of other
protected cells or the assets of the protected cell company's
general account.
2.  Protected cell assets shall only be available to creditors
of a protected cell company after all protected cell liabilities
have been extinguished or provided for in accordance with the plan
of operation relating to that protected cell.
B.  When an obligation of a protected cell company to a person
arises from a transaction, or is imposed, with respect to a
protected cell:
1.  That obligation of the protected cell company shall extend
only to the protected cell assets attributable to that protected
cell, and the person shall, with respect to that obligation, be
entitled to have recourse only to the protected cell assets
attributable to that protected cell; and
2.  That obligation of the company shall not extend to the
protected cell assets of any other protected cell or the assets of
the protected cell company's general account, and that person shall
not, with respect to that obligation, be entitled to have recourse
to the protected cell assets of any other protected cell or the
assets of the protected cell company's general account.
C.  When an obligation of a protected cell company relates
solely to the general account, the obligation of the protected cell
company shall extend only to, and that creditor shall, with respect
to that obligation, be entitled to have recourse only to, the assets
of the protected cell company's general account.
D.  Other than with regard to the application of this section,
the activities, assets and obligations relating to a protected cell
are not subject to the provisions of Articles 20A and 20B of Title
36 of the Oklahoma Statutes.  Neither a protected cell nor a
protected cell company shall be assessed by or be required to

contribute to any guaranty fund or guaranty association in this
state with respect to the activities, assets or obligations of a
protected cell.  Nothing in this section shall affect the activities
or obligations of an insurer's general account.
E.  In no event shall the establishment of one or more protected
cells alone constitute or be deemed to be a fraudulent conveyance,
an intent by the protected cell company to defraud creditors, or the
carrying out of business by the protected cell company for any other
fraudulent purpose.

‹ Prev All Oklahoma sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.