System and method of risk transfer and risk diversification including means to assure with assurance of timely payment and segregation of the interests of capital

• US 5,704,045 A
• Filed: 01/09/1995
• Issued: 12/30/1997
• Est. Priority Date: 01/09/1995
• Status: Expired due to Term

• Current Assignee: Investors Guaranty Fund Ltd. (Investors Guaranty GmbH)
• Original Assignee: Investors Guaranty Fund Ltd. (Investors Guaranty GmbH)
• Inventors: Barclay, Alasdair G., Wellman, Rockie C., King, Douglas L.
• Primary Examiner(s): Trammell, James P.
• Application Number:
  US08/370,060
• Time in Patent Office: 1,086 Days
• Field of Search: 364/400, 364/401, 364/402, 364/408, 340/825.26, 340/825.07, 395/201, 395/235, 395/236, 395/237, 395/238, 395/239, 395/240, 395/242, 395/243, 395/244
• US Class Current: 705/35
• CPC Class Codes: G06Q 40/00 Finance; Insurance; Tax strategies; Processing of corporate or income taxes
• CPC Class Codes: G06Q 40/03 Credit; Loans; Processing thereof
• CPC Class Codes: G06Q 40/08 Insurance

Abstract

A system and method of accepting risk through contractual obligations transfers a portion of the risk to investors and includes means for absolute assurance of timely payment to contract holders, and segregation, of the interests of particular investors to specifically identified risks in a risk to capital matching system. The system creates separate ledgers and segregated reserves to tailor particular products for specific needs including transferring difficult to place risks. The system creates agreements which promise payments, based on loss from risks including investment risks. Data processing provides legally segregated relationship management links, supervising and balancing the interests of professionals in a risk transfer and diversification system.

Claims

1. A method employing operatively interconnected, input, output and data processing means for facilitating through an entity, the transfer and acceptance of specifically defined risks through the entity from risk transferors to capital providers accepting the risk transferred, the method comprising:

creating an entity for facilitating the transfer of risk from one or more risk transferors through the entity to capital providers accepting the risk through the entity;

creating and maintaining a communications system for communications between risk transferors and capital providers through the entity;

creating within the entity a capital reserve system;

exchanging information between and among one or more risk transferors, one or more capital providers and the entity relating to the nature and character of the risk for the purpose of one or more willing risk transferors entering into a policy/contract with one or more willing capital providers having defined obligations including the maximum monetary exposure on the risk and the duration thereof; and

causing the capital provider(s) to transfer sufficient capital to the capital reserve system prior to the effective date of such contract which capital when combined with risk compensation and other income is sufficient to meet any and all such defined obligations during such contract period.

2. The method in accordance with claim 1, further comprising creating risk transfer policy/contracts having policy limits identified to specific accounts,

transferring and matching all or a portion of the risk to one or more investors under a capital structure which includes ready means of payment to parties transferring risk, if losses materialize, and segregation of the interests of particular investors to specifically identified risks;

utilizing computer-based storage, processing and retrieval communication and recording means for coordinating the creation of such risk transfer policy/contracts and the capital including segregated interests to provide at all times monies to satisfy the full policy limits of all contracts;

establishing, implementing and administering the system through use of said communication and recording means as a part of a new or existing entity, which includes a capital structure protected by law; and

employing said means to effect existing external regulation and fiduciary oversight to assure satisfaction of all contracts, to protect the structure, entity, and parties transferring risk and capital providers from risks of insolvency, judicial intervention by third parties, and other external entity risks.

3. The method of claim 2 further comprising in addition:

creating two fully intergrated capital structures of assets, liabilities, and capital accounts, thereby creating an improved capital structure for such entity; and

the further step of allocating, processing and supervising risk between the two capital structures.

4. The method of claim 2 which further comprises:

a step of protecting the system, entity and participants from risks of insolvency, judicial intervention by third parties, and other external entity risks, through enforcement of the laws of the jurisdiction to which the entity is subject and other means; and

the step of supervising fiduciary oversight, supervision, and confirmation designed to assure full and complete satisfaction of all agreements entered into by the entity and external participants.

5. The method of claim 2 further comprising:

creating contractual agreements identified to specific reserve accounts;

the step of evaluating whether to agree to the acceptance of risk including the use of entity consultants; and

the step of assuring timely payment to parties transferring risk, if losses occur.

6. The method of claim 5 implemented by:

causing to be issued a contractual policy which contains standardized legal clauses, negotiated clauses, claims payment and administrative provisions;

storing available data defining compensation for the risk assumed;

providing access to such intermediaries to coordinate the activities of persons wishing to transfer risk; and

providing access to said entity consultants experienced in risk analysis.

7. The method of claim 6 further comprising:

the step of screening a risk prior to submission to the entity consultant;

the step of communicating information regarding a proposed risk to one or more entity consultants;

the step of submitting an electronic application to a particular entity consultant for the transfer of a proposed risk; and

the step of receiving a binding commitment from an entity consultant regarding the acceptance of a risk.

8. The method of claim 7 further comprising:

the step of operating a digital computer system to input prescribed information concerning a risk which transmits the information to the entity'"'"'s underwriting database router for comparison;

the step of operating such computer system to compare the proposed risk to a series of discriminating parameters; and

the step of responding to the intermediary with contract counteroffers into which the risk might be accepted, as well as entity consultants to whom the information could be provided for a quotation.

9. The method of claim 1 further comprised of:

creating and storing in interactive pricing model which takes into consideration program guidelines, current and projected market interest rates, an assessment of projected losses, equity and debt return expectations, various cost and profit objective factors, and other information necessary to determine the amount of capital matching support required to accept the proposed risk and the minimum compensation level for accepting the risk; and

the step of analyzing an entity consultant'"'"'s current portfolio of business and capital matching capacity.

10. The method in accordance with claim 1 further comprising:

creating through computer-based data processing means risk transfer contracts which are identified to specific accounts, then transferring and matching all or a portion of the risk to one or more capital providers under a capital structure;

which includes ready means of payment to parties transferring risk, if losses materialize, and segregation of the interests of particular capital providers;

utilizing a computer-based data storage, processing and retrieval means for coordination the creation of such risk transfer contracts, and the capital structure including segregated interests to provide at all times monies to satisfy the full limits of all contracts;

operating said computer-based means for establishing, implementing and administering the system as part of a new or existing entity which includes a capital structure protected by law;

employing said computer-based means to effect existing external regulation and fiduciary oversight to assure satisfaction of all contracts, to protect the structure, entity, and parties transferring risk and capital providers from risks of insolvency, judicial intervention by third parties, and other external entity risks.

11. The method of claim 10 further comprising in addition:

creating two fully integrated capital structures of assets, liabilities, and capital accounts; and

the further step of electronically allocating, processing and supervising risk diversification revenues and risk between the two capital structures.

12. The method of claim 10 which further comprises:

the step of electronically supervising fiduciary oversight, supervision, and confirmation designed to assure full and complete satisfaction of all agreements entered into by the entity and external participants.

13. The method of claim 10 further comprising:

the step of electronically creating contractual agreements identified to specific reserve accounts, the step of evaluating whether to agree to the acceptance of risk including the use of an entity consultant; and

the step of electronically assuring timely payment to parties transferring risk, if losses occur.

14. The method of claim 13 implemented by:

causing electronically to be issued a contract which contains standardized legal clauses, negotiated clauses, claims payment and administrative provisions;

inputting electronically available data defining compensation for the risk assumed;

providing electronic access to such intermediaries to coordinate the activities of persons wishing to transfer risk; and

providing electronic access to said entity consultants experienced in risk analysis.

15. The method of claim 14 further comprising:

the step of electronically screening a risk prior to submission to underwriters;

the step of electronically communicating information regarding a proposed risk to one or more underwriters;

the step of submitting an electronic application to a particular underwriter for the transfer of a proposed risk; and

the step of receiving a binding commitment from an underwriter regarding the acceptance of a risk.

16. The method of claim 15 further comprising:

the step of operating a digital computer system including inputting prescribed information concerning a risk which system electronically transmits the information to the entity'"'"'s underwriting database router for comparison;

the step of operating such computer system to compare the proposed risk to a series of discriminating parameters; and

the step of responding to the intermediary with contract counteroffers into which the risk might be accepted, as well as entity consultants to whom the information could be provided for a quotation.

17. The method of claim 10 further comprising:

the step of electronically monitoring and supervising primary types of reserve accounts including risk acceptance, capital and debt allocation, investment activities, and administrative functions which are used to quantify the amount of liability of the entity to various external parties and capital providers, as well as providing a means of subdividing the quantum of its reserved assets;

the step of electronically monitoring and supervising specific investments (financial instruments and fixed assets) allocated to the entity'"'"'s reserved assets held by various custodians;

the step of electronically determining the entity'"'"'s obligations to contractholders, capital providers, entity consultants, and other parties, subdividing its segregated assets in a manner allowing the entity to always maintain its ability to fill and completely satisfy these obligations, and maintaining this information in an easily retrievable form, with the aid of a digital computer, for review by entity management and others; and

the step of graphically profiling excess underwriting and investment capacity within the system, as well as providing other reporting and analytic functions.

18. The method of claim 1 further comprised of:

electronically creating and storing an interactive pricing model which takes into consideration program guidelines, current and projected market interest rates, an assessment of projected losses, equity and debt return expectations, various cost and profit objective factors, and other information necessary to determine the amount of capital matching support required to accept the proposed risk and the minimum compensation level for accepting the risk; and

the step of analyzing an entity consultant'"'"'s current portfolio of business and capital matching capacity.

19. The method in accordance with claim 1 further comprising:

processing the risk through a data processing program which produces a report including all pertinent analytical factors as well as final terms, coverages and limits;

determining the compensation for acceptance of the risk by data processing means;

submitting the risk to an internal underwriting committee of the entity for approval through electronic data retrieval and communication means;

issuing a binding commitment to accept the risk through electronic means operatively connected to the entity'"'"'s computer-based data receival, processing, retrieval and communication means.

20. The method of claim 19 using in addition:

providing electronic means for determining an underwriting fee, expense component, reserve levels for maximum risk exposure computed and a capital usage cost negotiated with the risk diversification subsystem, modified by the entity consultant'"'"'s appraisal of market conditions, pricing and capacity;

availability of capital capacity, and other more subjective factors.

21. The method of claim 19 having in addition:

the step of employing electronic means for submitting the final report with entity consultant recommendation for acceptance of the risk;

the step of determining sufficient capital is available to support acceptance of the proposed risk;

the step of employing electronic means to input an approval code identified to the proposed transaction and all information submitted upon which such approval is based; and

the step of employing electronic means of authorizing the entity consultant to issue a binding commitment, subject of receipt of compensation for accepting the risk.

22. The method in accordance with claim 1, further comprising

profiling capacity and other reporting an analytical functions supported by digital computer and a comparative date processing means;

electronic means of determining the amount of risk acceptance capacity available within the system categorized by type of program, entity consultant, currency, and a variety of other categories which alert participants within the system to both opportunities to accept additional risk including means of determining the need to acquire additional capital and debt support to continue accepting risk at predetermined levels;

electronic means of monitoring changes in interest rates which could increase or decrease risk acceptance capacity, as well as provide opportunities to trade assets there profiting from market movements; and

electronic means of asset quality surveillance and reporting of degradation of assets within the entity'"'"'s portfolio, monitoring investment portfolio mix for diversification of AAA government issuers, debt obligation types, and assurance that at all times, the entity'"'"'s investment portfolio is capable of supporting the payment of obligations, matched to currency and maturity.

23. The method of claim 1 including

a step to assure compliance with the entity'"'"'s risk to capital matching system requiring that any changes in assets within the reserved assets portfolio are subject to various certifications and procedures which permit the reserve management subsystem to continuously report that all obligations of the entity, present and in the future, are capable of being fully and completely satisfied from reserved assets.

24. A system employing operatively interconnected, input, output and data processing means for facilitating through an entity the transfer and acceptance of specifically defined risks through the entity from risk transferors to capital providers for acceptance of the risk transferred, the system comprising:

multiple interactive computer terminal input and output means at diverse locations for use by one or more of the entity, risk transferors transferring risk through the entity, capital providers accepting risk through the entity, their respective intermediaries, underwriters and other assistive, analytical and advisory resources defining a risk acceptance subsystem, a risk diversification subsystem and a reserve management subsystem;

the risk acceptance subsystem including one or more of information input, output and retrieval means operatively connected to the system for information exchange between potential risk transferors and the entity'"'"'s underwriting database for analysis, generation and output of suggested programs to underwriters to whom the information may be transmitted or accessed for a quotation;

input means to the system for one or more underwriters receiving computer analyzed risk information respecting a potential risk transfer to advise the system as to whether or not any specific underwriter is prepared to recommend the acceptance of the risk and the terms;

output means from the system for advising the potential risk transferor as to willingness of one or more underwriters to recommend acceptance of the risk, terms including limits, premiums and other relevant information;

input means for a potential risk transferor to submit an electronic application to a particular underwriter;

data processing means for receipt, reevaluation and generation of a report respecting the electronic application including relevant information for submission to the entity for underwriting evaluation, acceptance or rejection;

means for transmitting relevant information respecting the potential risk transfer from the systems risk acceptance subsystem to the systems risk diversification subsystem to optimize returns for various classes of investors within the system;

means for electronically issuing a binding commitment to the potential risk transferor upon the system'"'"'s receiving a signal indicating the entity management'"'"'s approval of acceptance of the risk;

means for receiving a wire transfer of premium funds from the risk transferor to a custodian and allocation specifically identified reserve account;

means for receiving confirmation of the receipt of premium funds from the custodian;

means for entity management to enter an approval code into a system database for automatic initiation of a policy/contract issuance procedure;

means for creation of one or more reserves within an accounting records database of the system; and

means for allocating funds to said reserves to pay a maximum loss under the risk acceptance policy/contract on a timely basis as well as certain pre-identified administrative and professional fees over the life of the policy/contract.

25. The system of claim 24 having in addition interconnected transmission means for transmitting information by the entity and intermediaries such transmission means useful for facilitating negotiations between such intermediaries by:

a) making readily available to such intermediaries an offer to contract by an offering intermediary;

b) making readily available a counteroffer to the offering intermediary.

26. The system of claim 24 having in addition

an automated data processing routing system including a digital computer and modem, which upon selecting one or more entity consultants or programs to whom the information is to be submitted, routes the previously input information to the appropriate parties in the form of a request for quotation.

27. The system of claim 24 further comprising:

a means of receiving a request for quotation at a selected price and the pertinent information regarding a particular risk;

means of producing a report analyzing the proposed risk, aided by a data processing program which compares the proposed risk to a set of guidelines broadly designed to assure compliance with specific program objectives, capital matching limitations, and system constraints; and

a means of responding to the intermediary as to whether or not the entity consultant is prepared to recommend the acceptance of the risk and at such price.

28. The system in accordance with claim 24 further comprising:

a) input means for creating a plurality of capital accounts including primary capital accounts and a plurality of transactional capital accounts for the entity;

b) storage means for storing information related to first intermediaries representing persons seeking to transfer risks;

c) storage means for storing information related to second intermediaries representing persons seeking to provide capital to accept such risks;

d) interconnected terminal means for inputting information by the entity and first and second intermediaries and for retrieving such information;

such terminal means useful for facilitating negotiations among such intermediaries by

i) inputting an offer to contract by an offering intermediary;

ii) retrieving such offer by another intermediary;

iii) inputting a counteroffer by the offering intermediary;

e) electronic means for providing contract language for use by such intermediaries;

f) means for the entity to enter a code to approve a policy/contract created by entity consultants;

g) means for storing approved policy/contract data;

h) means for receiving claims and comparing the claims to such policy/contract data.

29. The system of claim 28 employing:

an automated data processing routing system including a digital computer and modem, which upon electronically selecting one or more entity consultants or programs to whom the information is to be submitted, routes the previously input information to the appropriate parties in the form of a request for quotation.

30. The system of claim 24 further comprising:

a means of electronically receiving a request for quotation at a selected price and the pertinent information regarding a particular risk;

means of electronically producing a report analyzing the proposed risk, aided by a data processing program which compares the proposed risk to a set of guidelines broadly designed to assure compliance with specific program objectives, capital matching limitations, and system constraints; and

a means of electronically responding to the intermediary as to whether or not the entity consultant is prepared to recommend the acceptance of the risk and at such price.

31. The system in accordance with claim 24;

a data storage and display system;

means for inputting and storing to establish reserve accounts prior to the issuance of a policy/contract accepting risk;

means for inputting and storing to allocate sufficient assets to fully and completely satisfy the risk accepted to said reserve accounts;

means for calculating the method of investment of such asserts required to assure the entity'"'"'s ability to pay under the policy/contract; and

means for inputting a request for loss payments and determining appropriate payments to be made to the policy/contract holder.

32. The system in accordance with claim 24 including an automated policy/contract acceptance and issuance data processing employing a digital computer, which involves:

a means for inputting and confirming receipt of the compensation for acceptance of a risk;

means for creating segregated reserves and allocating assets to such reserves prior to issuance of a risk accepting policy/contract;

means for entering a signal to authorize issuance of a policy/contract.

33. The system of claim 32 comprised in addition:

communication means for instructing the transfer of compensation for acceptance of the risk to a particular custodian for the benefit of the entity accepting the risk;

means for inputting and storing information to establish an identified reserve account to which the compensation is allocated;

means for inputting and storing an electronic confirmation by a custodian of receipt of the compensation.

34. The system of claim 32 having in addition:

a means of inputting the underwriting committee'"'"'s risk acceptance authorization code for the particular risk in the automated issuance system; and

a means of inputting the amount of funds received and a wire transfer code from the custodian confirming receipt of compensation for acceptance of the risk;

means for inputting for ready retrieval created segregated reserves within the accounts of the entity accepting the risk, separate accounts for contract holders, capital participants, entity consultants, and for other purposes, which further permit the entity, fiduciaries regulatory parties to ascertain the entity'"'"'s obligations and its ability to fully and completely satisfy such obligations on a timely basis; and

a means for inputting for ready retrieval to allocate the compensation received among the various reserve accounts to assure the entity'"'"'s ability to fully and completely satisfy the terms of the contract and to provide for administrative and professional fees associated with acceptance of the risk.

35. The contract issuance system of claim 32, where upon receipt of compensation, creation of reserve accounts, and allocation of assets sufficient to fully and completely satisfy the obligation of the contract further means include:

electronic means including a digital computer system including a printer are used to prepare the risk acceptance contract accepting risk in a specified amount against a specified risk occurring during a given time period; and

electronic means of filing a security interest on the assets of the accepting entity with appropriate government offices.

36. The system of claim 32 further comprising:

the step of electronically monitoring and supervising four primary types of reserve accounts (risk acceptance, capital and debt allocation, investment activities, and administrative functions) which are used to quantify the amount of liability of the entity to various external parties and shareholders, as well as providing a means of subdividing the quantum of its reserved assets;

the step of electronically monitoring and supervising specific investments (financial instruments and fixed assets) allocated to the entity'"'"'s reserved assets;

the step of electronically determining the entity'"'"'s obligations to contractholders, capital participants, entity consultants, and other parties, subdividing its segregated assets in a manner allowing the entity to maintain its ability to full and completely satisfy these obligations, and maintaining this information in an easily retrievable form, with the aid of a digital computer, for review by entity management and other; and

the step of graphically profiling excess underwriting and investment capacity within the system and other reporting and analytical functions.

37. The system of claim 24 comprising:

means of establishing reserve accounts prior to the issuance of a contract accepting risk;

means of allocating sufficient assets to fully and completely satisfy the risk accepted to such reserve accounts;

means for calculating the type and nature of investment of such assets required to assure the entity'"'"'s ability to pay under the contract; and

means for presenting a request for loss payments and determining appropriate payments to be made to the contract party.

38. The system of claim 37 having in addition:

a means of receiving a request for claims payment for losses covered under the contract, along with the specific documentation required by the contract;

a process of determining that such losses are consistent with the terms and conditions of the contract; and

a method of paying the claim under the contract and reducing the liability of the entity to the contract holder, noting such reduction in its reserve accounts.

39. The system of claim 24 further comprising:

a means of acquiring capital through the issuance of various financial instruments with maximum flexibility and diversification, to support risks the entity accepts, and may include the assistance of entity consultants;

a means of issuing such financial instruments, receiving funds therefore, while segregating and protecting the interests of each specific party providing such funds; and

a method of allocating funds from specific parties to a specific risk or diversification across a group of risks.

40. The system of claim 39 further comprising

a means of attracting capital support through redeemable preference shares or other forms of equity of the entity, which are dedicated to and provide return based on the performance of a specific risk, risk accepted through one or more entity consultants, performance of one or more investment managers, or any combination of factors which determine dividends to be paid on the preference shares, as well as the length of time such capital will be available to support risks, as well as limitations on the risks to which funds may be applied.

41. The system of claim 39 further comprising

a means of providing floating rate, convertible, or other debt or annuity obligations which provide the entity the ability to vary the interest it pays and repayment terms of the obligation, based in part on the performance of a specific risk, risk accepted through one or more entity consultants, performance of one or more investment managers, or any combination of factors which affect the entity'"'"'s ability to pay interest, as well as the length of time such debt proceeds will be available to support risks, as well as limitations on the risks to which such funds may be applied.

42. The system of claim 39 further comprising

a means of providing supporting risks through allocation of risk acceptance compensation, loss reserves, investment income, directly to the account of specific capital providers, based on the performance of a specific risk, a type of risk a group of risks, performance of risks accepted through by one or more entity consultants, performance of one or more investment managers, or any combination of factors which determine allocations to be made to the capital provider, as well as the length of time such funds will be available to support risks, as well as limitations on the risks to which such funds may be applied.

43. The system of claim 39 further comprising

a means of selling future interests in cash flows of the entity, future reduction in liability emanating from a particular reserve account or other derivative securities, based on the performance of a specific risk, a type of risk, a group of risks, performance of risks accepted through one or more entity consultants, performance of one or more investment managers, or any combination of factors.

44. The system of claim 39 further comprising:

a means of packaging financial instruments whose use may be restricted and limited to and return based on specific criteria, providing a capital provider maximum flexibility in design and diversification; and

a means of providing capital providers custom portfolio diversification marketed through investment bankers and other intermediaries.

45. The system of claim 39 further comprising:

a means of creating a financial instrument whose dividend, price or interest earnings are partially or wholly determined by the performance of all or a portion of a specific risk the instrument was designed to support, or a group of risks categorized by type, a particular entity consultant or investment manager or other distinguishing criteria.

46. The system of claim 39 further comprising:

a means for market professionals analyzing gaps in an capital provider'"'"'s portfolio and the types of securities which would maximize a capital provider'"'"'s overall portfolio'"'"'s performance, as well as the types and quality of risks which the capital provides is prepared to accept, then custom designing one or more contracts to fill these gaps; and

a means of providing flexibility of portfolio diversification for capital providers, from virtually no diversification in supporting a single risk, to the maximum diversification of a capital provider providing funds through one or more financial instruments, designed to support many risks, or different types, limiting the amount of any one risk to a small amount of the overall portfolio.

47. The system of claim 39 further comprising

a means of creating reserve accounts within the entity accepting the funds, which constitutes a separate accounts or ledgers permitting an allocation of the interests of the party transferring funds;

a means of creating a document which establishes limitations on the use of funds from specific investors to support specific risk acceptance and investment objectives, which sets out the uses and purposes of the reserve account, recording the quantum of funds allocated to each account, the maximum period such funds may remain allocated thereto, any compounding rate at which additional funds might be credited to the account, types of investment risk to which such funds may be subjected, the type of risks and/or parties for whose risks such funds could be supportive, the terms under which funds could be reallocated to other reserve accounts for allocations representing professional and administrative fees, and other purposes, custodians to hold the funds, and other documented restrictions, limitations and conditions to which the entity must adhere;

a means of inputting reserve usage parameters in the data processing system;

a means of preparing the financial instrument including the specific terms of its form, payments to be made to the capital provider in the future, and other pertinent conditions;

a means of instructing the transfer of funds to the entity custodian and acknowledging receipt of said funds in exchange for the financial instrument; and

a means of confirming receipt of the funds transferred to the entity custodian(s).

48. The system of claim 39 further comprising:

a means of allocating and supervising funds received from a capital reserve to one or more investment managers or entity consultants identified in reserve documentation, which are granted authority to invest, manage, and/or allocate funds within parameters established for the reserve to specific risk acceptance and/or investment activities; and

a means of electronically comparing each allocation to a risk acceptance or investment activity for compliance with reserve criteria previously input in the data process system.

49. The system of claim 24 further comprising:

electronic means of determining the amount of risk acceptance capacity available within the system categorized by type of program, entity consultants, currency, and a variety of other categories which alert participants within the system to opportunities to accept additional risk, and for determining the need to acquire additional capital and debt support to continue risk acceptance at predetermined levels;

electronic means of monitoring changes in interest rates which could increase or decrease risk acceptance capacity, as well as provide opportunities to trade assets thereby profiting from market movements; and

electronic means of asset quality surveillance and reporting of degradation of assets within the entity'"'"'s portfolio, monitoring investment portfolio mix for diversification of AAA government issuers, debt obligation types, and assurance that at all times, the entity is capable of supporting the payment of a total loss on the aggregate of the entity'"'"'s contract obligations, matched to currency and maturity.

50. The system of claim 24 including

a means of subdividing the entity'"'"'s assets, liabilities, and capital accounts into two groups, referred herein as general assets and reserved assets;

and

means for providing protection for such reserved assets, including protection from the claims of general creditor, against bankruptcy or liquidation, limiting the use of reserved assets to specific agreements pertaining to each reserve.

51. The system of claim 24 further comprising:

a means of creating classes of capital providers of the entity.

52. The system of claim 24 further comprising:

a means of permitting external parties to deal with the entity through its reserved assets and its general assets;

a means of permitting entity consultant participation in the operations of the entity; and

a means of the entity'"'"'s internal staff providing support services to entity consultants, intermediaries, parties transferring risks, and capital providers.

53. The system of claim 52 further comprising:

a means for intermediaries to bring prospective risk transfer participants to the entity for risk acceptance;

a means for investment bankers to bring prospective capital providers to the entity for risk diversification;

a means for entity consultants to maximize the compensation received for the acceptance of a particular risk, while taking all prudent actions to minimize the possibility of future losses, obtaining funds required in excess of risk compensation and investment income to support a risk from primary capital allocated by management and/or transactional capital allocated in some cases by a number of investment managers, or in some cases direct from transactional capital providers; and

a means for investment managers to maximize profitability on reserved assets sourced from transactional capital providers, by increasing the return paid on or percentage of profits received for the use of capital funds, through negotiating with entity consultants to place transactional capital in support of various risks, by way of providing capacity for an annual risk acceptance program or bidding on capital to support a specific risk.

54. The system of claim 52 further comprising:

a means of internal staff administering and supervising the involvement of various system participants, maintaining the internal data processing systems, programs, and communication links, and generally encouraging a marketplace usage approach to the acquisition of new business;

a means of developing new uses of the system;

a means of facilitating capital matching between entity consultants and investment managers through direct electronic access to information between the parties; and

an electronic comparative means which aids entity consultants in completing their capital support profiles for the acceptance of a specific risk or for annual program capacity to write a particular type of risk, negotiate a portion of future profits or agree on agreed rates of return for funds to support these risks, by electronically publishing these opportunities to selected investment managers or directly to capital participants, along with a comparative analysis highlighting certain of these opportunities which could fill gaps in a portfolio or diversification profile.

55. The system of claim 24 further comprising:

a means, aided by digital computer, of computing and retaining fee information charged with respect to each transaction of the entity in providing risk taking and capital matching activities to various market participants, similar in some respects to fees charged by exchanges;

a means of unbundling components of unique or difficult to place risks allocated to different accounts, with various risk layers transferred as individually priced components to capital participants or retained by primary equity, with revenues remaining after payments to capital participants and expenses of the entity, inuring to the benefit of primary equity;

a means of electronic risk to capital matching surveillance which monitors the pricing of risks being transferred to capital participants, comprising compensation levels with information stored in digital computer memory, alerting the entity'"'"'s management of transactions in which transactional capital compensation may be identified as potentially excessive when compared to current market conditions; and

a means which permits the entity to reduce compensation to capital participants, if compensation levels seem to be excessive, through placing a competing bid using primary equity capital to support a particular risk if compensation sought by capital providers to support a risk is deemed excessive, allowing capital providers to match the bid and continue to support the risk, but at a lower compensation level, or participate with primary equity in supporting the risk.

56. The system of claim 24 where the entity is modified in structure of and laws to which an entity is subject by altering the legislation of the jurisdiction under which the entity is governed, which includes:

a means of issuing contracts which accept risk, and other legally enforceable contracts, which are recognized by jurisdiction as inviolate and not subject to recession on the grounds of preference or other conditions of bankruptcy or any party to such contracts.

57. The system of claim 24 where the entity is modified in structure of and laws to which an entity is subject by altering the legislation of the jurisdiction under which the entity is governed, which includes:

a means of recording the specific contractual provisions of said contracts, subject to inspection of government.

58. The system of claim 24 where the entity is modified in structure of and laws to which an entity is subject by altering the legislation of the jurisdiction under which the entity is governed, which includes:

a means of establishing in the records of the entity statutorily recognized individual reserves which clearly delineate the entity'"'"'s obligations to parties who have transferred risk, capital providers, and other participants.

59. The system of claim 24 where the entity is modified in structure of and laws to which an entity is subject by altering the legislation of the jurisdiction under which the entity is governed, which includes:

a means of transferring assets collectively or individually allocated to such reserves to the custody of government approved fiduciary parties for safekeeping.

60. The system of claim 24 where the entity is modified in structure of and laws to which an entity is subject by altering the legislation of the jurisdiction under which the entity is governed, which includes:

a means of segregating assets allocated to such reserves from other assets of the entity, permitting transfer between reserved and general assets, and further protecting the reserved assets from general creditors of the entity and prohibiting any change to or use of the segregated assets for any purpose, other than for which the assets were segregated, by a liquidator or any other party in the event of a liquidation or the bankruptcy of the entity.

61. The system of claim 24 where the entity is modified in structure of and laws to which an entity is subject by altering the legislation of the jurisdiction under which the entity is governed, which includes:

a means of placing a "charge", "mortgage", or other form of security interest on reserved assets supporting an accepted risk to the extent of its total maximum liability and filing an instrument with government recognizing such security interest.

62. The system of claim 24 where the entity is modified in structure of and laws to which an entity is subject by altering the legislation of the jurisdiction under which the entity is governed, which includes:

a means of reducing such security interest as the entity'"'"'s liability with respect to a contract is diminished, subject to the conditions placed on the entity by rating agencies or consulting actuaries, and further subject to third party confirmation by independent public accountants or actuaries that after such reduction in segregated assets the entity is at all times capable of paying its total maximum liability on all contracts issued on a timely basis.

63. The system of claim 24 where the entity is modified in structure of and laws to which an entity is subject by altering the legislation of the jurisdiction under which the entity is governed, which includes:

a means of recognizing claims and other amounts to be paid out under contract, providing a corresponding payout from reserved assets.

64. The system of claim 24 where the entity is modified in structure of and laws to which an entity is subject by altering the legislation of the jurisdiction under which the entity is governed, which includes:

a means of prohibiting entity from issuing a contract for which it does not have sufficient assets allocated to its segregated reserves to pay the total maximum liability of the contract on a timely basis.

65. The system of claim 24 where the entity is modified in structure of and laws to which an entity is subject by altering the legislation of the jurisdiction under which the entity is governed, which includes:

a means of reallocating assets from one reserve to another or to general assets, subject to agreements entered into pursuant to each reserve, said agreements being recognized by government as being inviolate in the event of bankruptcy, liquidation or claims of general creditors and other parties.

66. The system of claim 24 where the entity is modified in structure of and laws to which an entity is subject by altering the legislation of the jurisdiction under which the entity is governed, which includes:

a means of identifying and protecting the interests of specific capital providers, one from another, with the capability to distribute profits to specific capital providers without the governmental restrictions on dividends and capital reduction generally imposed on insurance companies and financial institutions.

67. The system of claim 24 where the entity is modified in structure of and laws to which an entity is subject by altering the legislation of the jurisdiction under which the entity is governed, which includes:

a means of extinguishing liability of the entity to a contract party by transferring assets in kind in the event of a collapse of the currency in which the contract is denominated, a moratorium on interest payments by the respective government, or existence of any other government related default.

68. The system of claim 24 where the entity is modified in structure of and laws to which an entity is subject by altering the legislation of the jurisdiction under which the entity is governed, which includes:

a means of limiting governmental ability to windup the entity and specifically to preclude any party to petition the liquidation, bankruptcy, or winding-up of the insurer-entity, and further prohibiting a liquidator from changing the terms of any contract or agreement or segregated assets allocated to reserves.

69. The system of claim 24 further comprising:

a means of identifying fiduciary custodians as well as provisions for changing such custodians, identifying and transferring reserved assets to custodians, and ascertaining that such assets shall be held apart from the assets of each custodian and other parties, in a safe and secure manner.

70. The system of claim 24 further comprising:

a means of segregating the notional value of reserved assets held by a custodian into parts, one representing notional value which is charged or has a security interest placed thereon to support specific contractual obligations, and the second part being the balance of the assets which are not subject to a perfected security interest.

71. The system of claim 24 further comprising:

a means of restricting the investment quality and type of securities to which reserved assets subject to a security interest may be invested.

72. The system of claim 24 further comprising:

a means of providing claims and other payments from reserved assets subject to security interest, which assures compliance with underlying contractual terms and assures the highest degree of safety and security in the transfer of such payments.

73. The system of claim 24 further comprising:

a means of changing securities representing reserved assets subject to security interest subject to confirmation by rating agency(ies) and accountants or actuaries that the entity after such change has complied with required provisions and is fully capable of meeting the maximum of its obligations on a timely basis.

74. The system of claim 24 a further comprising:

a means of recognizing a reduction in contractual liability and reducing reserved assets subject to security interest, subject to confirmation by rating agency(ies) and accountants or actuaries that the entity after such reduction has complied with required provisions and is fully capable of meeting the maximum of its obligations on a timely basis.