336Assessment of financial position of nominal defendant

336 Assessment of financial position of nominal defendant fund (1) Each year, the nominal defendant must— (a) assess the nominal defendant fund’s financial position; and (b) give a written copy of the assessment to the MAI commission. (2) In assessing the nominal defendant fund’s financial position, the nominal defendant— (a) must take into account— (i) the written advice of an actuary engaged by the nominal defendant about existing and expected liabilities of the fund; and (ii) the fund’s assets; and (b) may take into account any other information that, in the nominal defendant’s opinion, is relevant to an assessment of the nominal defendant fund’s financial position.