reglab/housing_qa huggingface dataset:
NM Stat § 59A-44-36 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 44 - Fraternal Benefit Societies|Section 59A-44-36 - Fee schedule.

A. Except as provided in Subsection B of this section, every society authorized to transact business in New Mexico shall pay to the superintendent the following fees: (1) for annual certificate of authority continuation $100.00; (2) for filing annual statement 100.00; (3) for each license of agent or annual continuation thereof 30.00; (4) for annual continuation of appointment 20.00; and (5) for each signature of the superintendent affixed to any instrument 10.00. B. Every society which: (1) issues certificates providing benefits strictly in accordance with the provisions of Chapter 59A, Article 44 NMSA 1978; (2) limits its membership to members of one religious faith or to persons engaged in one or more hazardous occupations in the same or similar lines of business; (3) does not employ paid solicitors or salesmen either on salary, commission or fee basis for procuring new insurance or members; and (4) does not solicit insurance applications from the general public, but limits such solicitation to members in good standing in such society; shall be exempt from the fees specified in Subsection A of this section and in lieu thereof shall pay to the superintendent fees as follows: (a) for annual license to transact business $50.00; (b) for filing annual statement 50.00; and (c) for each seal and signature of the superintendent affixed to any instrument 10.00. C. Failure to pay any fees imposed under Chapter 59A, Article 44 NMSA 1978 shall render the society liable to this state for the amount thereof and to the applicable penalties provided by Section 59A-6-4 NMSA 1978 as though such a society were an insurer. History: 1978 Comp., § 59A-44-36, enacted by Laws 1989, ch. 388, § 36; 1993, ch. 320, § 102. ANNOTATIONSRepeals and reenactments. — Laws 1989, ch. 388, § 36, repealed 59A-44-36 NMSA 1978, as enacted by Laws 1984, ch. 127, § 821, relating to examination of foreign and alien societies, and enacted a new section, effective January 1, 1990. The 1993 amendment, effective June 18, 1993, in Subsection A, revised the fee schedule; inserted present Paragraph (4) and redesignated former Paragraph (4) as Paragraph (5); revised the fee schedule in Subsection B(4); and substituted "Section 59A-6-4 NMSA 1978" for "Section 59A-6-42" in Subsection C.
NM Stat § 59A-44-37 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 44 - Fraternal Benefit Societies|Section 59A-44-37 - Carrie Tingley crippled children's hospital fund.

The superintendent shall pay to the state treasurer, and the state treasurer shall convert into the fund of the Carrie Tingley crippled children's hospital, located in Bernalillo county, all money collected by the superintendent from or as to fraternal benefit societies under Chapter 59A, Article 44 NMSA 1978. History: 1978 Comp., § 59A-44-37, enacted by Laws 1989, ch. 388, § 37. ANNOTATIONSRepeals and reenactments. — Laws 1989, ch. 388, § 37, repealed 59A-44-37 NMSA 1978, as enacted by Laws 1984, ch. 127, § 822, relating to prohibition of public statements during examination, and enacted a new section, effective January 1, 1990.
NM Stat § 59A-44-38 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 44 - Fraternal Benefit Societies|Section 59A-44-38 - Review.

All decisions and findings of the superintendent made under the provisions of Chapter 59A, Article 44 NMSA 1978 shall be subject to review as provided in Section 59A-4-20 NMSA 1978. History: 1978 Comp., § 59A-44-38, enacted by Laws 1989, ch. 388, § 38. ANNOTATIONSRepeals and reenactments. — Laws 1989, ch. 388, § 38, repealed 59A-44-38 NMSA 1978, as enacted by Laws 1984, ch. 127, § 823, relating to misrepresentation, and enacted a new section, effective January 1, 1990.
NM Stat § 59A-44-39 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 44 - Fraternal Benefit Societies|Section 59A-44-39 - Penalties.

A. Any person who willfully makes a false or fraudulent statement in or relating to an application for membership or for the purpose of obtaining money from or a benefit in any society, shall upon conviction be fined not less than one hundred dollars ($100) or more than one thousand dollars ($1,000). B. Any person who willfully makes a false or fraudulent statement in any verified report or declaration under oath required or authorized by Chapter 59A, Article 44 NMSA 1978, or of any material fact or thing contained in a sworn statement concerning the death or disability of a member for the purpose of procuring payment of a benefit named in the certificate, shall be guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978. C. Any person who solicits membership for, or in any manner assists in procuring membership in, any society not licensed to do business in this state shall upon conviction be fined not less than one hundred dollars ($100) or more than five hundred dollars ($500). D. Any person guilty of a willful violation of, or neglect or refusal to comply with, the provisions of Chapter 59A, Article 44 NMSA 1978 for which a penalty is not otherwise prescribed shall upon conviction be subject to a fine not to exceed one thousand dollars ($1,000). History: 1978 Comp., § 59A-44-39, enacted by Laws 1989, ch. 388, § 39. ANNOTATIONSRepeals and reenactments. — Laws 1989, ch. 388, § 39, repealed 59A-44-39 NMSA 1978, as enacted by Laws 1984, ch. 127, § 824, relating to discrimination and rebates, and enacted a new section, effective January 1, 1990.
NM Stat § 59A-44-41 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 44 - Fraternal Benefit Societies|Section 59A-44-41 - Applicability of Insurance Code.

To the extent not in conflict with the express provisions of Chapter 59A, Article 44 NMSA 1978 and the reasonable implications thereof, the following provisions of the Insurance Code [Chapter 59A NMSA 1978] shall also apply as to fraternal benefit societies, and for such purpose a society may therein be referred to as an "insurer": A. Chapter 59A, Article 1 NMSA 1978; B. Chapter 59A, Article 2 NMSA 1978; C. Chapter 59A, Article 4 NMSA 1978; D. Sections 59A-8-1 and 59A-8-2 NMSA 1978; E. Section 59A-12-22 NMSA 1978; F. the Insurance Fraud Act [Chapter 59A, Article 16C NMSA 1978]; G. Chapter 59A, Article 18 NMSA 1978; H. the Policy Language Simplification Law [Chapter 59A, Article 19 NMSA 1978]; I. the Medicare Supplement Act [Chapter 59A, Article 24A NMSA 1978]; J. Chapter 59A, Articles 20 and 22 NMSA 1978; and K. the Insurers Conservation, Rehabilitation and Liquidation Law [Chapter 59A, Article 41 NMSA 1978]. History: 1978 Comp., § 59A-44-41, enacted by Laws 1989, ch. 388, § 41; 1999, ch. 289, § 33; 2001, ch. 297, § 4. ANNOTATIONSRepeals and reenactments. — Laws 1989, ch. 388, § 41, repealed 59A-44-41 NMSA 1978, as enacted by Laws 1984, ch. 127, § 826, relating to monies for Carrie Tingley hospital, and enacted a new section, effective January 1, 1990. The 2001 amendment, effective June 15, 2001, inserted current Subsection F and redesignated the remaining pargraphs accordingly, substituting article titles for statutory citation. The 1999 amendment, effective June 18, 1999, substituted "Article 24A" for "Article 24" in Subsection H.
NM Stat § 59A-44-42 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 44 - Fraternal Benefit Societies|Section 59A-44-42 - Severability.

If any provision of Chapter 59A, Article 44 NMSA 1978 or the application of such provision to any circumstance is held invalid, the remainder of the article or the application of the provision to other circumstances shall not be affected thereby. History: 1978 Comp., § 59A-44-42, enacted by Laws 1989, ch. 388, § 42. ANNOTATIONSRepeals and reenactments. — Laws 1989, ch. 388, § 42, repealed 59A-44-42 NMSA 1978, as enacted by Laws 1984, ch. 127, § 827, relating to exemptions, and enacted a new section, effective January 1, 1990.
NM Stat § 59A-44-43 to 59A-44-45 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 44 - Fraternal Benefit Societies|Section 59A-44-43 to 59A-44-45 - Repealed.

ANNOTATIONSRepeals. — Laws 1989, ch. 388, § 43 repealed 59A-44-43 to 59A-44-45 NMSA 1978, as enacted by Laws 1984, ch. 127, §§ 828, 829, and as amended by Laws 1988, ch. 89, § 4, relating to exemptions of certain societies, penalties, and other applicable provisions, effective January 1, 1990.
NM Stat § 59A-44-46 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 44 - Fraternal Benefit Societies|Section 59A-44-46 - Fraternal benefit societies; certificate provisions relating to individuals who are eligible for medical benefits under the medicaid program.

A. Each individual or group policy or certificate of accident or health insurance issued by a society that is delivered, issued for delivery or renewed in this state shall include provisions that require benefits paid on behalf of a child or other insured person under the policy or certificate to be paid to the human services department when: (1) the human services department has paid or is paying benefits on behalf of the child or other insured person under the state's medicaid program pursuant to Title XIX of the federal Social Security Act, 42 U.S.C. 1396, et seq.; (2) payment for the services in question has been made by the human services department to the medicaid provider; and (3) the society is notified that the insured individual receives benefits under the medicaid program and that benefits must be paid directly to the human services department. B. The notice required under Paragraph (3) of Subsection A of this section may be accomplished through an attachment to the claim by the human services department for insurance benefits when the claim is first submitted by the human services department to the society. C. Notwithstanding any other provisions of law, checks in payment for claims pursuant to any individual or group policy or certificate of accident or health insurance for health care services provided to persons who are also eligible for benefits under the medicaid program and provided by medical providers qualified to participate under the policy or certificate shall be made payable to the provider. The society may be notified that the insured individual is eligible for medicaid benefits through an attachment to the claim by the provider for insurance benefits when the claim is first submitted by the provider to the society. D. No individual or group policy or certificate of accident or health insurance issued by a society that is delivered, issued for delivery or renewed in this state on or after the effective date of this section shall contain any provision denying or limiting insurance benefits because services are rendered to an insured who is eligible for or who has received medical assistance under the medicaid program of this state. History: 1978 Comp., § 59A-44-46, enacted by Laws 1989, ch. 183, § 5.
NM Stat § 59A-45-1 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 45 - Premium Financing|Section 59A-45-1 - Short title.

This article [Chapter 59A, Article 45 NMSA 1978] may be cited as the "Insurance Premium Financing Law". History: Laws 1984, ch. 127, § 831. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 43 Am. Jur. 2d Insurance §§ 51, 52, 589, 857. 44 C.J.S. Insurance § 15 et seq.
NM Stat § 59A-45-2 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 45 - Premium Financing|Section 59A-45-2 - Definitions.

As used in this article: A. "person" means any individual, corporation, association, partnership or any other legal entity; B. "insurance policy" or "insurance contract" means any contract of insurance, indemnity, medical or hospital services, suretyship or annuity issued, proposed for issuance or intended for issuance by any person; C. "insurance premium finance agreement" means an agreement by which an insured or a prospective insured promises to pay to any person engaged in the business of premium financing, the amount advanced or to be advanced under the agreement to an insurer or to an insurance agent or broker in payment of premiums on an insurance contract; and D. "insurance premium finance company" means a person engaged in the business of entering into insurance premium finance agreements. History: Laws 1984, ch. 127, § 832.
NM Stat § 59A-45-3 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 45 - Premium Financing|Section 59A-45-3 - Licensing requirements.

A. No person shall engage in the business of financing insurance premiums in this state without first having obtained an insurance premium financing license from the superintendent. B. The annual license fee shall be as stated in Section 101 [59A-6-1 NMSA 1978] (fee schedule) of the Insurance Code. Licenses may be renewed from year to year as of the first day of May of each year upon payment of the fee specified in such Section 101. C. Licensing procedures and requirements shall be established by the superintendent by rule and regulation. History: Laws 1984, ch. 127, § 833.
NM Stat § 59A-45-4 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 45 - Premium Financing|Section 59A-45-4 - Bonding requirements for licensees.

A. Prior to the issuance of an insurance premium financing license, the applicant shall file with the superintendent a surety bond or a bank certificate of deposit in favor of the superintendent in a total aggregate amount of not less than ten thousand dollars ($10,000), conditioned to pay the actual damages resulting to the state, to any policyholder or to any member of the public from violation by the licensee of the provisions of this article. The bond shall be executed by a surety insurer authorized to do business in this state. The certificate of deposit shall be issued from a bank licensed to do business in this state. B. Bonds and certificates of deposit shall remain in effect during the term of the license. Without prejudice to any liability accrued prior to a cancellation, sureties may cancel their bonds by giving written notice to the superintendent at least thirty (30) days prior to the effective date of the cancellation. C. The superintendent may increase the required amount of the bond or certificate of deposit according to a business volume scale which shall be established by the superintendent through rule or regulation. History: Laws 1984, ch. 127, § 834. ANNOTATIONSCompiler's notes. — Laws 1984, ch. 127, § 993, provided that any deposit or surety bond filed in lieu thereof with or through the superintendent or state treasurer by any insurer in conjunction with authority to transact business in the state immediately prior to the effective date of the act (January 1, 1985) shall be given effect to the extent it complies with similar bonds required by the act after that date.
NM Stat § 59A-45-5 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 45 - Premium Financing|Section 59A-45-5 - Exemptions.

A. The provisions of this article shall not limit the authority of the following institutions to engage in insurance premium financing or apply to: (1) any life insurer authorized to do business in the state; (2) any national banking institution; (3) any state bank; (4) any savings and loan association; (5) any small loan company; or (6) any credit union. B. The licensing and bonding provisions of this article shall not apply to: (1) any insurer, other than those exempt from this article pursuant to Paragraph A(1); and (2) any insurance agent licensed by this state. C. This article shall not apply to the financing of insurance premiums in connection with a transaction under the Motor Vehicle Sales Finance Act [58-19-1 to 58-19-12 NMSA 1978], or under Sections 56-1-1 to 56-1-15 NMSA 1978. History: Laws 1984, ch. 127, § 835. ANNOTATIONS
NM Stat § 59A-45-6 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 45 - Premium Financing|Section 59A-45-6 - Books and records.

A. Every person engaged in the business of financing insurance premiums shall maintain records of his premium finance transactions and the records shall be open to examination and investigation by the superintendent. The superintendent may at any time require any such persons to bring such records as he may direct to the superintendent's office for examination. B. Every person who is engaged in the business of financing insurance premiums shall preserve his records of premium finance transactions, including cards used in a card system, for at least three (3) years after making the final entry in respect to any premium finance agreement. The preservation of records in photographic forms shall constitute compliance with this requirement. History: Laws 1984, ch. 127, § 836.
NM Stat § 59A-45-7 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 45 - Premium Financing|Section 59A-45-7 - Form of premium finance agreement.

A premium finance agreement shall: A. comply with all existing federal laws; B. comply with any requirements established by the superintendent by way of rule or regulation; and C. contain a statement that the Insurance Premium Financing Law does not require a person to enter into an insurance premium financing agreement as a condition of the purchase of any insurance policy. History: Laws 1984, ch. 127, § 837.
NM Stat § 59A-45-8 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 45 - Premium Financing|Section 59A-45-8 - Additional requirements.

The following additional provisions shall be applicable to an insurance premium finance agreement: A. a premium finance company shall not charge, contract for, receive or collect a rate other than permitted pursuant to this article; B. the rate is to be computed on the balance of the premium due, after subtracting the down payment made by the insured in accordance with the premium finance agreement, from the effective date of the insurance coverage for which premiums are being advanced, to and including the date when the final installment of the premium finance agreement is payable; C. nothing contained in this article shall limit or restrict the manner of calculating the interest charges whether by way of add-on, discount, simple annual rate or otherwise, so long as the rate of interest charge does not exceed that permitted pursuant to this article. If the loan is a precomputed loan transaction: (1) the interest charge may be calculated on the assumption that all scheduled payments will be made when due; and (2) the effect of prepayment is governed by the provisions on rebate upon prepayment in this section; D. if the entire unpaid balance outstanding on a precomputed loan transaction is paid by cash, renewal or otherwise, at any time prior to maturity, the premium finance company shall give a refund or credit of the unearned portion of such charge, according to the rule commonly known as "the rule of 78's", which refund or credit shall represent at least as great a portion of the original charge as the sum of the consecutive balances of the contract scheduled to be outstanding after the date of prepayment bears to the sum of all the consecutive monthly balances of the contract scheduled to be outstanding under the schedule of payments in the original instrument or instruments evidencing the loan; except, that if the contract is prepaid in cash rather than renewed or refinanced, the premium finance company shall not be required to make a refund or credit if the amount, computed as herein set forth, would be less than one dollar ($1) for each loan prior to the maturity; E. in precomputed loan transactions where the insurer and the premium finance company execute an extension agreement for the deferral of an installment payment, the premium finance company may make an interest charge on the monthly installment that is deferred at a rate not exceeding one percent per month for each month or portion thereof that the payment has been deferred; and F. for repayment in greater or lesser periods or amounts, or in unequal, irregular or other than monthly installment, the rate may be computed at an equivalent effective rate having due regard for the installments as scheduled. History: Laws 1984, ch. 127, § 839.
NM Stat § 59A-45-9 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 45 - Premium Financing|Section 59A-45-9 - Assignee subject to defenses.

An assignee of the rights of a creditor under an insurance premium finance agreement, for the purchase of insurance primarily for personal, family or household purposes, is a holder within the meaning of the Uniform Commercial Code (55-1-101 to 55-9-507 NMSA 1978) and is subject to all defenses of the insured notwithstanding that there is an agreement to the contrary. History: Laws 1984, ch. 127, § 840. ANNOTATIONSCross references. — For negotiable instrument provisions of Uniform Commercial Code, see 55-3-101 NMSA 1978, et seq.
NM Stat § 59A-45-10 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 45 - Premium Financing|Section 59A-45-10 - Delinquency charges.

A premium finance agreement may provide for the payment by the insured of a delinquency charge on each installment in default for a period of more than ten days and in an amount not to exceed five percent of each installment, or five dollars ($5.00), whichever is less, or in lieu thereof, interest after maturity of each such installment not to exceed the highest lawful contract rate; except that with respect to agreements financing coverages for other than personal, family or household purposes, the delinquency charge shall be an amount equal to five percent of the unpaid installment, but in no event more than five hundred dollars ($500). In addition, such contract may provide for the payment of an attorney's reasonable fee, where it is referred for collection to an attorney not a salaried employee of the person to whom the installment payment is due, and for court costs and disbursements. History: Laws 1984, ch. 127, § 841; 1999, ch. 75, § 1. ANNOTATIONSThe 1999 amendment, effective June 18, 1999, inserted the language beginning "except that" in the first sentence, and made minor stylistic changes.