N.M. Stat. § 59A-12E-2
Definitions.
As used in the Credit for Reinsurance Act:
A. "accredited jurisdiction" means a jurisdiction that meets the accreditation
standards established by the national association of insurance commissioners;
B. "alien assuming insurer" means an assuming insurer that is formed according to
the laws of a foreign country;
C. "assuming insurer" means an insurer assuming risk from another insurer;
D. "ceding insurer" means an insurer that transfers risk by purchasing reinsurance;
E. "qualified United States financial institution" means an institution that:
(1)
for purposes of Paragraphs (3) and (4) of Subsection B of Section 16
[59A-12E-16 NMSA 1978] of the Credit for Reinsurance Act:
(a) is organized, or in the case of a United States office of a foreign banking
organization, licensed pursuant to laws of the United States or any state thereof;
(b) is regulated, supervised and examined by federal or state authorities
having regulatory authority over banks and trust companies; and
(c) has been determined by either the superintendent or the securities
valuation office of the national association of insurance commissioners to meet such
standards of financial condition and standing as are considered necessary and
appropriate to regulate the quality of financial institutions whose letters of credit will be
acceptable to the superintendent; or
(2)
for purposes of those provisions of the Credit for Reinsurance Act
specifying those institutions that are eligible to act as a fiduciary of a trust:
(a) is organized, or in the case of a United States branch or agency office of a
foreign banking organization, licensed, pursuant to the laws of the United States or any
state thereof and has been granted authority to operate with fiduciary powers; and
(b) is regulated, supervised and examined by federal or state authorities
having regulatory authority over banks and trust companies;
F. "reciprocal jurisdiction" means a jurisdiction that meets one of the following
descriptions:
(1)
a non-United-States jurisdiction that is subject to an in-force covered
agreement with the United States, each within its legal authority, or, in the case of a
covered agreement between the United States and the European Union, is a member
state of the European Union. For purposes of this paragraph, a "covered agreement" is
an agreement entered into pursuant to the Dodd-Frank Wall Street Reform and
Consumer Protection Act that is currently in effect or in a period of provisional
application and addresses the elimination, under specified conditions, of collateral
requirements as a condition for entering into any reinsurance agreement with a ceding
insurer domiciled in this state or for allowing the ceding insurer to recognize credit for
reinsurance;
(2)
a United States jurisdiction that meets the requirements for accreditation
pursuant to the national association of insurance commissioners financial standards and
accreditation program; or
(3)
a qualified jurisdiction, as determined by the superintendent pursuant to
Section 8 [59A-12E-8 NMSA 1978] and Subsection A of Section 9 [59A-12E-9 NMSA
1978] of the Credit for Reinsurance Act, which is not otherwise described in Paragraph
(1) or (2) of Subsection F of Section 2 [59A-12E-2 NMSA 1978] of the Credit for
Reinsurance Act and which meets certain additional requirements, consistent with the
terms and conditions of in-force covered agreements, as specified by the
superintendent in rule; and
G. "superintendent" means the superintendent of insurance.