reglab/housing_qa huggingface dataset:
NH Rev Stat § 408-D:15 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 408-D - Life Settlements Act|Section 408-D:15 - Injunctions; Civil Remedies; Cease and Desist.

    408-D:15 Injunctions;  Civil Remedies;  Cease and Desist. –||I. In addition to the penalties and other enforcement provisions of this chapter, if any person violates this chapter or any rule implementing this chapter, the commissioner may seek an injunction in a court of competent jurisdiction and may apply for temporary and permanent orders that the commissioner determines are necessary to restrain the person from committing the violation.||II. Any person damaged by the acts of a person found in violation of this chapter by the commissioner may bring a civil action against the person committing the violation in a court of competent jurisdiction.||III. The commissioner may issue, in accordance with RSA 541-A, a cease and desist order upon a person that violates any provision of this chapter, any rule or order adopted by the commissioner, or any written agreement entered into with the commissioner.||IV. When the commissioner finds that an activity in violation of this chapter presents an immediate danger to the public that requires an immediate final order, the commissioner may issue an emergency cease and desist order reciting with particularity the facts underlying the findings. The emergency cease and desist order is effective immediately upon service of a copy of the order on the respondent and remains effective for 90 days. If the commissioner begins non-emergency cease and desist proceedings, the emergency cease and desist order remains effective, absent an order by a court of competent jurisdiction pursuant to RSA 541:18.||V. In addition the penalties and other enforcement provisions of this chapter, any person who violates this chapter is subject to civil penalties of up to $2,500 per violation. Imposition of civil penalties shall be pursuant to an order of the commissioner issued under RSA 400-A:23. The commissioner's order may require a person found to be in violation of this chapter to make restitution to persons aggrieved by violations of this chapter.||VI. A person convicted of a violation of this chapter shall be ordered to pay restitution to persons aggrieved by the violation of this chapter. Restitution shall be ordered in addition to a fine or imprisonment, but not in lieu of a fine or imprisonment. The commissioner may order a life settlement provider to pay restitution to persons aggrieved by the violations of this chapter committed by its appointed life settlement producers.||VII. Except for a fraudulent life settlement act committed by a viator, the enforcement provisions and penalties of this section shall not apply to a viator.|||Source. 2010, 132:1, eff. June 14, 2010.|
NH Rev Stat § 408-D:16 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 408-D - Life Settlements Act|Section 408-D:16 - Unfair Trade Practices.

    408-D:16 Unfair Trade Practices. –||A violation of this chapter, including the commission of a fraudulent life settlement act, shall be considered an unfair trade practice under RSA 417.|||Source. 2010, 132:1, eff. June 14, 2010.|
NH Rev Stat § 408-D:17 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 408-D - Life Settlements Act|Section 408-D:17 - Rulemaking.

    408-D:17 Rulemaking. –||The commissioner shall have the authority to:||I. Adopt rules pursuant to RSA 541-A, implementing this chapter;||II. Establish standards for evaluating reasonableness of payments under life settlement contracts for persons who are terminally or chronically ill. This authority includes, but is not limited to, regulation of discount rates used to determine the amount paid in exchange for assignment, transfer, sale, devise, or bequest of a benefit under a life insurance policy insuring the life of a person that is chronically or terminally ill;||III. Establish appropriate licensing requirements, fees, and standards for continued licensure for life settlement providers and life settlement producers;||IV. Require a bond or other mechanism for financial accountability for life settlement providers and life settlement producers; and||V. Adopt rules governing the relationship and responsibilities of both insurers and life settlement providers and life settlement producers during the viatication of a life insurance policy or certificate.|||Source. 2010, 132:1, eff. June 14, 2010.|
NH Rev Stat § 408-D:18 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 408-D - Life Settlements Act|Section 408-D:18 - Severability.

    408-D:18 Severability. –||If any provision of this act or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.|||Source. 2010, 132:1, eff. June 14, 2010.|
NH Rev Stat § 408-D:19 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 408-D - Life Settlements Act|Section 408-D:19 - Applicability.

    408-D:19 Applicability. –||A life settlement provider or life settlement producer transacting business in this state may continue to do so pending approval or disapproval of the life settlement provider, or life settlement producer application for licensure if the application is filed with the commissioner within one month of the effective date of this chapter.|||Source. 2010, 132:1, eff. June 14, 2010.|
NH Rev Stat § 408-E:1 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 408-E - Funding Agreements|Section 408-E:1 - Purpose and Scope.

    408-E:1 Purpose and Scope. –||This chapter specifically permits life insurance companies to issue funding agreements as a type of insurance business permitted under authority of RSA 401:1, III and establishes standards for the regulation of funding agreements.|||Source. 2013, 108:1, eff. Aug. 23, 2013.|
NH Rev Stat § 408-E:2 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 408-E - Funding Agreements|Section 408-E:2 - Definitions.

    408-E:2 Definitions. –||In this chapter:||I. "Funding agreement" means an agreement issued by a life insurance company, not based on mortality or morbidity, providing for the accumulation of funds by the insurer for the purpose of making one or more payments to the holder, where the initial premium paid is $1,000,000 or more. Except as provided in this chapter, a "funding agreement" does not constitute life insurance or an annuity and does not constitute a security as defined in RSA 421-B:1-102(53).||II. "Holder" means a person described in RSA 408-E:4 to whom the life insurance company may issue a funding agreement.||III. "Life insurance company" means a life insurance company authorized to do business pursuant to RSA 401:1, III.||IV. "Optional modes of settlement" means the manner in which the funding agreement is structured to make payments to the holder.|||Source. 2013, 108:1. 2015, 273:18, eff. Jan. 1, 2016.|
NH Rev Stat § 408-E:3 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 408-E - Funding Agreements|Section 408-E:3 - Authorization and Regulation of Funding Agreements.

    408-E:3 Authorization and Regulation of Funding Agreements. –||I. Any licensed life insurance company may deliver or issue for delivery one or more funding agreements.||II. For the purposes of RSA 402-C:44, funding agreements shall be treated as insurance contracts, and holders of funding agreements shall be entitled to the same priority of distribution as policyholders.||III. Except as provided in this chapter, funding agreements shall not be subject to consumer protections that apply to annuity contracts including free-look requirements that permit consumers to void an issued contract and receive a return of premium by returning the contract within a specified time frame.||IV. Funding agreements shall be filed for approval by the commissioner consistent with this chapter.|||Source. 2013, 108:1, eff. Aug. 23, 2013.|
NH Rev Stat § 408-E:4 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 408-E - Funding Agreements|Section 408-E:4 - Permissible Holders of Funding Agreements.

    408-E:4 Permissible Holders of Funding Agreements. –||Funding agreements may be issued to:||I. Persons authorized by a state or foreign country to engage in an insurance business or to subsidiaries of such persons.||II. Entities other than persons authorized to engage in an insurance business and to individuals for the purpose of funding:||(a) Benefits under any employee benefit plan as defined in the federal Employee Retirement Income Security Act of 1974, 29 U.S.C. section 1001 et seq., maintained in the United States or in a foreign country;||(b) Activities of any organization exempt from taxation under section 501(c) of the Internal Revenue Code or of any similar organization in any foreign country;||(c) Any program of the government of the United States, the government of any state, foreign country or political subdivision thereof, or any agency or instrumentality thereof;||(d) Any agreement providing for one or more payments in satisfaction of a claim;||(e) Any program of an institution which has assets in excess of $25,000,000; or||(f) Any program of an institution for the purposes of providing collateral security for securities registered with the federal Securities and Exchange Commission.|||Source. 2013, 108:1, eff. Aug. 23, 2013.|
NH Rev Stat § 408-E:5 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 408-E - Funding Agreements|Section 408-E:5 - Amounts Guaranteed or Credited Under Funding Agreements.

    408-E:5 Amounts Guaranteed or Credited Under Funding Agreements. –||An amount shall not be guaranteed or credited under a funding agreement except upon:||I. Reasonable assumptions as to investment income and expenses; and||II. A basis equitable to all holders of funding agreements of a given class.|||Source. 2013, 108:1, eff. Aug. 23, 2013.|
NH Rev Stat § 408-E:6 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 408-E - Funding Agreements|Section 408-E:6 - Allocation to Separate Accounts.

    408-E:6 Allocation to Separate Accounts. –||Amounts paid to the insurer, and proceeds applied under optional modes of settlement under the funding agreement may be allocated by the insurer to one or more separate accounts pursuant to the provisions in RSA 408 addressing separate accounts.|||Source. 2013, 108:1, eff. Aug. 23, 2013.|
NH Rev Stat § 408-E:7 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 408-E - Funding Agreements|Section 408-E:7 - Reserve Requirements.

    408-E:7 Reserve Requirements. –||In establishing minimum reserve requirements for funding agreements the commissioner may use any relevant actuarial guidelines, regulations, interpretations, or papers as well as standards set forth in the Valuation Manual of the National Association of Insurance Commissioners for deposit-type contracts.|||Source. 2013, 108:1, eff. Aug. 23, 2013.|
NH Rev Stat § 408-E:8 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 408-E - Funding Agreements|Section 408-E:8 - Rules.

    408-E:8 Rules. –||The commissioner may adopt rules, pursuant to RSA 541-A, relative to:||I. The standards to be followed in the approval of forms of funding agreements;||II. The reserves to be maintained by insurers issuing funding agreements;||III. The accounting and reporting of funds credited under funding agreements; and||IV. The disclosure of information to be given to holders or third parties that purchase funding agreements.|||Source. 2013, 108:1, eff. Aug. 23, 2013.|
NH Rev Stat § 408-F:1 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 408-F - Life and Health Insurance Guaranty Association of 2019|Section 408-F:1 - Title.

    408-F:1 Title. –||This chapter shall be known and may be cited as the New Hampshire Life and Health Insurance Guaranty Association Act of 2019.|||Source. 2019, 314:1, eff. Jan. 1, 2020.|
NH Rev Stat § 408-F:2 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 408-F - Life and Health Insurance Guaranty Association of 2019|Section 408-F:2 - Purpose.

    408-F:2 Purpose. –||I. The purpose of this chapter is to protect, subject to certain limitations, the persons specified in RSA 408-F:5, I against failure in the performance of contractual obligations, under life, health and annuity policies, plans, or contracts specified in RSA 408-F:5, II, because of the impairment or insolvency of the member insurer that issued the policies, plans, or contracts.||II. To provide this protection, an association of member insurers is created to pay benefits and to continue coverages as limited herein, and members of the association are subject to assessment to provide funds to carry out the purpose of this chapter.|||Source. 2019, 314:1, eff. Jan. 1, 2020.|
NH Rev Stat § 408-F:3 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 408-F - Life and Health Insurance Guaranty Association of 2019|Section 408-F:3 - Construction.

    408-F:3 Construction. –||This chapter shall be liberally construed to effect the purpose under RSA 408-F:2 which shall constitute an aid and guide to interpretation.|||Source. 2019, 314:1, eff. Jan. 1, 2020.|
NH Rev Stat § 408-F:6 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 408-F - Life and Health Insurance Guaranty Association of 2019|Section 408-F:6 - Creation of the Association.

    408-F:6 Creation of the Association. –||I. There is created a nonprofit legal entity to be known as the New Hampshire life and health insurance guaranty association, which shall be the same association created under RSA 404-D:6. All member insurers shall be and remain members of the association as a condition of their authority to transact insurance or a health maintenance organization business in this state. The association shall perform its functions under the plan of operation established and approved under RSA 408-F:10 and shall exercise its powers through a board of directors established under RSA 408-F:7. For purposes of administration and assessment, the association shall maintain 2 accounts:||(a) The life insurance and annuity account which includes the following subaccounts:||(1) Life insurance account;||(2) Annuity account, which shall include annuity contracts owned by a governmental retirement plan (or its trustee) established under section 401, 403(b) or 457 of the United States Internal Revenue Code, but shall otherwise excluded unallocated annuities; and||(3) Unallocated annuity account which shall exclude contracts owned by a governmental retirement benefit plan, or its trustee established under section 401, 403(b), or 457 of the United States Internal Revenue Code.||(b) The health account.||II. The association shall come under the immediate supervision of the commissioner and shall be subject to the applicable provisions of the insurance laws of this state. Meetings or records of the association may be opened to the public upon majority vote of the board of directors of the association.|||Source. 2019, 314:1, eff. Jan. 1, 2020.|
NH Rev Stat § 408-F:7 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 408-F - Life and Health Insurance Guaranty Association of 2019|Section 408-F:7 - Board of Directors.

    408-F:7 Board of Directors. –||I. The board of directors of the association shall consist of not less than 7 nor more than 11 member insurers serving terms as established in the plan of operation. The members of the board shall be selected by member insurers subject to the approval of the commissioner. Vacancies on the board shall be filled for the remaining period of the term by a majority vote of the remaining board members, subject to the approval of the commissioner.||II. In approving selections or in appointing members to the board, the commissioner shall consider, among other things, whether all member insurers are fairly represented.||III. Members of the board may be reimbursed from the assets of the association for expense incurred by them as members of the board of directors but members of the board shall not otherwise be compensated by the association for their services.|||Source. 2019, 314:1, eff. Jan. 1, 2020.|
NH Rev Stat § 408-F:10 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 408-F - Life and Health Insurance Guaranty Association of 2019|Section 408-F:10 - Plan of Operation.

    408-F:10 Plan of Operation. –||I. (a) The association shall submit to the commissioner a plan of operation and any amendments thereto necessary or suitable to assure the fair, reasonable and equitable administration of the association. The plan of operation and any amendments thereto shall become effective upon the commissioner's written approval or unless the commissioner has not disapproved it within 30 days.||(b) If the association fails to submit a suitable plan of operation within 120 days after January 1, 2020, or if at any time thereafter the association fails to submit suitable amendments to the plan, the commissioner shall, after notice and hearing, adopt such reasonable rules under RSA 541-A as are necessary or advisable to effectuate the provisions of this chapter. The rules shall continue in force until modified by the commissioner or superseded by a plan submitted by the association and approved by the commissioner.||II. All member insurers shall comply with the plan of operation.||III. The plan of operation shall, in addition to requirements enumerated elsewhere in this chapter:||(a) Establish procedures for handling the assets of the association.||(b) Establish the amount and method of reimbursing members of the board of directors under RSA 408-F:7.||(c) Establish regular places and times for meetings including telephone conference calls of the board of directors.||(d) Establish procedures for records to be kept of all financial transactions of the association, its agents, and the board of directors.||(e) Establish the procedures whereby selections for the board of directors will be made and submitted to the commissioner.||(f) Establish any additional procedure for assessments under RSA 408-F:9.||(g) Contain additional provisions necessary or proper for the execution of the powers and duties of the association.||IV. The plan of operation may provide that any or all powers and duties of the association, except those under RSA 408-F:8, XIII(c) and RSA 408-F:9, are delegated to a corporation, association or other organization which performs or will perform functions similar to those of this association, or its equivalent, in 2 or more states. Such a corporation, association, or organization shall be reimbursed for any payments made on behalf of the association and shall be paid for its performance of any function of the association. A delegation under this paragraph shall take effect only with the approval of both the board of directors and the commissioner, and may be made only to a corporation, association, or organization which extends protection not substantially less favorable and effective than that provided by this chapter.|||Source. 2019, 314:1, eff. Jan. 1, 2020.|
NH Rev Stat § 408-F:11 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 408-F - Life and Health Insurance Guaranty Association of 2019|Section 408-F:11 - Duties and Powers of the Commissioner.

    408-F:11 Duties and Powers of the Commissioner. –||In addition to the duties and powers enumerated elsewhere in this chapter:||I. The commissioner shall:||(a) Upon request of the board of directors, provide the association with a statement of the premiums in this and any other appropriate states for each member insurer.||(b) When an impairment is declared and the amount of the impairment is determined, serve a demand upon the impaired insurer to make good the impairment within a reasonable time; notice to the impaired insurer shall constitute notice to its shareholders, if any; the failure of the impaired insurer to promptly comply with such demand shall not excuse the association from the performance of its powers and duties under this chapter.||(c) In any liquidation or rehabilitation proceeding involving a domestic insurer, be appointed as the liquidator or rehabilitator.||II. The commissioner may suspend or revoke, after notice and hearing, the certificate of authority to transact business in this state of any member insurer which fails to pay an assessment when due or fails to comply with the plan of operation. As an alternative, the commissioner may levy a forfeiture on any member insurer which fails to pay an assessment when due. Such forfeiture shall not exceed 5 percent of the unpaid assessment per month, but no forfeiture shall be less than $100 per month.||III. Any action of the board of directors or the association may be appealed to the commissioner by any member insurer if the appeal is taken within 60 days of the final action being appealed. If a member company is appealing an assessment, the amount assessed shall be paid to the association and available to meet association obligations during the pendency of an appeal. If the appeal on the assessment is upheld, the amount paid in error or excess shall be returned to the member company. Any final action or order of the commissioner shall be subject to judicial review in a court of competent jurisdiction.||IV. The liquidator, rehabilitator, or conservator of any impaired insurer may notify all interested persons of the effect of this chapter.|||Source. 2019, 314:1, eff. Jan. 1, 2020.|
NH Rev Stat § 408-F:13 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 408-F - Life and Health Insurance Guaranty Association of 2019|Section 408-F:13 - Credits for Assessments Paid.

    408-F:13 Credits for Assessments Paid. –||I. A member insurer may offset against its tax liability under RSA 400-A any assessment described in RSA 408-F:9, II(b) for the life insurance and annuity account, and for the health account for guaranteeing the performance of contractual obligations of an impaired or insolvent insurer in regard to disability income coverages only, to the extent of 20 percent of the amount of the assessment for each of the 5 calendar years following the year in which the assessment was paid. If a member insurer ceases doing business, all uncredited assessments described above may be credited against its tax liability under RSA 400-A for the year it ceases doing business.||II. Any sums acquired by refund from the association by member insurers, as stated in RSA 408-F:9, VI, and which were previously offset against taxes as described in paragraph I, shall be paid by these member insurers to the state of New Hampshire in the manner required by the commissioner. The association shall notify the commissioner that refunds have been made.|||Source. 2019, 314:1, eff. Jan. 1, 2020.|
NH Rev Stat § 408-F:15 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 408-F - Life and Health Insurance Guaranty Association of 2019|Section 408-F:15 - Examination of the Association; Annual Report.

    408-F:15 Examination of the Association;  Annual Report. –||The association shall be subject to examination and regulation by the commissioner. The board of directors shall submit to the commissioner each year, not later than 120 days after the association's fiscal year, a financial report in a form approved by the commissioner and a report of its activities during the preceding fiscal year.|||Source. 2019, 314:1, eff. Jan. 1, 2020.|
NH Rev Stat § 408-F:16 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 408-F - Life and Health Insurance Guaranty Association of 2019|Section 408-F:16 - Tax Exemptions.

    408-F:16 Tax Exemptions. –||The association shall be exempt from payment of all fees and all taxes levied by this state or any of its subdivisions, except taxes levied on real property.|||Source. 2019, 314:1, eff. Jan. 1, 2020.|