reglab/housing_qa huggingface dataset:
HI Rev Stat § 431:16-207 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:16-207 Board of directors.

  §431:16-207 Board of directors. (a) The board of directors of the association shall consist of not less than five nor more than nine 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. To select the initial board of directors, and initially organize the association, the commissioner shall give notice to all member insurers of the time and place of the organizational meeting. In determining voting rights at the organizational meeting each member insurer shall be entitled to one vote in person or by proxy. If the board of directors is not selected within sixty days after notice of the organizational meeting, the commissioner may appoint the initial members.  (b) In approving selections or in appointing members to the board, the commissioner shall consider, among other things, whether all member insurers are fairly represented.  (c) Members of the board may be reimbursed from the assets of the association for expenses 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. [L 1987, c 347, pt of §2]
HI Rev Stat § 431:16-211 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:16-211 Duties and powers of the commissioner.

  §431:16-211 Duties and powers of the commissioner. [(a)] In addition to the duties and powers enumerated elsewhere in this part, the commissioner shall:  (1) 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;  (2) 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 insurer to promptly comply with such demand shall not excuse the association from the performance of its powers and duties under this part;  (3) In any liquidation or rehabilitation proceeding involving a domestic insurer, be appointed as the liquidator or rehabilitator.  (b) The commissioner may suspend or revoke, after notice and hearing, the certificate of authority to transact insurance 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 five per cent of the unpaid assessment per month, but no forfeiture shall be less than $100 per month.  (c) Any action of the board of directors or the association may be appealed to the commissioner by any member insurer if such appeal is taken within sixty days of the final action being appealed. If a member insurer 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 insurer. Any final action or order of the commissioner shall be subject to judicial review in the circuit court of the first judicial circuit.  (d) The liquidator, rehabilitator or conservator of any impaired insurer may notify all interested persons of the effect of this part. [L 1987, c 347, pt of §2; am L 2004, c 122, §75]
HI Rev Stat § 431:16-213 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:16-213 Credits for assessments paid.

  §431:16-213 Credits for assessments paid. (a) A member insurer may offset against its premium tax liability (or liabilities) to this State an assessment described in section 431:16-209(h) to the extent of twenty per cent of the amount of such assessment for each of the five calendar years following the year in which such assessment was paid. In the event a member insurer should cease doing business, all uncredited assessments may be credited against its premium tax liability (or liabilities) for the year it ceases doing business.  (b) Any sums which are acquired by refund, pursuant to section 431:16-209(f), from the association by member insurers, and which have theretofore been offset against premium taxes as provided in subsection (a) shall be paid by the association to the commissioner and by the commissioner deposited with the state director of finance for credit to the general fund of this State. [L 1987, c 347, pt of §2]
HI Rev Stat § 431:16-215 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:16-215 Tax exemptions.

  §431:16-215 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. [L 1987, c 347, pt of §2]
HI Rev Stat § 431:16-216 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:16-216 Immunity.

  §431:16-216 Immunity. There shall be no liability on the part of and no cause of action of any nature shall arise against any member insurer or its agents or employees, the association or its agents or employees, members of the board of directors, or the commissioner or the commissioner's representatives, for any action or omission by them in the performance of their powers and duties under this part. Such immunity shall extend to the participation in any organization of one or more other state associations of similar purposes and to any such organization and its agents or employees. [L 1987, c 347, pt of §2]
HI Rev Stat § 431:16-217 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:16-217 Stay of proceedings; reopening default judgments.

  §431:16-217 Stay of proceedings; reopening default judgments. All proceedings in which the insolvent insurer is a party in any court in this State shall be stayed one-hundred eighty days from the date an order of liquidation, rehabilitation, or conservation is final to permit proper legal action by the association on any matters germane to its powers or duties. As to judgment under any decision, order, verdict, or finding based on default the association may apply to have such judgment set aside by the same court that made such judgment and shall be permitted to defend against such suit on the merits. [L 1987, c 347, pt of §2; am L 2012, c 250, §12]
HI Rev Stat § 431:16-219 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:16-219 REPEALED.

  §431:16-219 REPEALED. L 2012, c 250, §13.
HI Rev Stat § 431:19-101.2 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:19-101.2 Confidential treatment.

  §431:19-101.2 Confidential treatment. (a) Except as otherwise provided in this section, all nonpublic information in a captive insurance company's application for licensure, its business plan, or of its parent or the parent's member organizations, and all other nonpublic information disclosed to the commissioner pursuant to this article, shall be given confidential treatment and shall not be made public by the commissioner.  (b) If the commissioner determines that the interest of the policyholders, shareholders, or the public will be served by making the information public, then after giving the captive insurance company and its parent or the parent's member organizations that would be affected thereby, three days written notice of intent, and unless otherwise contrary to law, the commissioner may make public all or any part of the nonpublic information in a manner that the commissioner deems appropriate; provided that the commissioner may disclose nonpublic information to courts of competent jurisdiction, and insurance departments or regulatory agencies of other competent jurisdictions without prior notification to the person to whom the information pertains.  (c) This section shall not apply to risk retention captive insurance companies. The confidentiality provisions of section 431:2-209 shall apply to risk retention captive insurance companies.  (d) For purposes of this section:  "Equity securities" means:  (1) A share in a corporation, whether or not transferable or denominated a "stock", or similar security evidencing an ownership interest in the person;  (2) The interest of a limited partner in a limited partnership;  (3) The interest of a partner in a partnership, including a joint venture; or  (4) A warrant or right, other than a right to convert, to purchase, sell, or subscribe to a share, security, or interest of a kind specified in paragraph (1), (2), or (3).  "Nonpublic information" means information that, prior to disclosure to the commissioner pursuant to this article is, or was:  (1) Not a public record as defined in rule 1001(5) of section 626-1; or  (2) Not a government record that must be disclosed under section 92F-12; provided that in the case of a person whose equity securities are collectively owned and held by thirty-six or more persons, "nonpublic information" does not include financial information disclosed to owners and holders of equity securities. [L 2000, c 67, §1; am L 2002, c 157, §1; am L 2012, c 253, §3]
HI Rev Stat § 431:19-101.3 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:19-101.3 REPEALED.

  §431:19-101.3 REPEALED. L 2012, c 253, §23.
HI Rev Stat § 431:19-101.4 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:19-101.4 Service providers. The commissioner shall have the authority to approve service providers to captive insurance companies licensed under this article, including but not limited to captive insurance managers, independent certified public accountants, actuaries, and loss reserve specialists. [L 1998, c 150, §1]

  §431:19-101.4 Service providers. The commissioner shall have the authority to approve service providers to captive insurance companies licensed under this article, including but not limited to captive insurance managers, independent certified public accountants, actuaries, and loss reserve specialists. [L 1998, c 150, §1]
HI Rev Stat § 431:19-101.5 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:19-101.5 Captive insurance administrator. There shall be established within the insurance division a captive insurance administrator, who shall be solely responsible for assisting the commissioner in monitoring, regulating, and developing captive insurance companies under this article. The commissioner, with the approval of the director of commerce and consumer affairs, shall appoint the administrator who shall be designated as a deputy commissioner and shall be exempt from chapter 76, notwithstanding section 431:2-105(b) to the contrary. The administrator shall serve at the pleasure of the director of commerce and consumer affairs and shall report directly to the commissioner. [L 1997, c 261, pt of §2; am L 2000, c 253, §150; am L 2003, c 205, §1; am L 2007, c 232, §2; am L 2012, c 253, §4]

  §431:19-101.5  Captive insurance administrator.  There shall be established within the insurance division a captive insurance administrator, who shall be solely responsible for assisting the commissioner in monitoring, regulating, and developing captive insurance companies under this article. The commissioner, with the approval of the director of commerce and consumer affairs, shall appoint the administrator who shall be designated as a deputy commissioner and shall be exempt from chapter 76, notwithstanding section 431:2-105(b) to the contrary. The administrator shall serve at the pleasure of the director of commerce and consumer affairs and shall report directly to the commissioner. [L 1997, c 261, pt of §2; am L 2000, c 253, §150; am L 2003, c 205, §1; am L 2007, c 232, §2; am L 2012, c 253, §4]
HI Rev Stat § 431:19-101.6 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:19-101.6 Salary.

  §431:19-101.6 Salary. The salary of the administrator shall be set by the director of commerce and consumer affairs, but shall not be more than ninety-five per cent of the maximum salary of the commissioner. [L 1997, c 261, pt of §2]
HI Rev Stat § 431:19-101.7 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:19-101.7 General powers and duties.

  §431:19-101.7 General powers and duties. The administrator shall:  (1) Have the authority expressly conferred upon the administrator by, or reasonably implied from, the provisions of this article; and  (2) Assist the commissioner in the enforcement of this article and rules adopted pursuant to this article and related to captive insurance. [L 1997, c 261, pt of §2]
HI Rev Stat § 431:19-101.8 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:19-101.8 Captive insurance administrative fund.

 §431:19-101.8 Captive insurance administrative fund. (a) The commissioner may establish a separate fund designated as the captive insurance administrative fund to be expended by the commissioner to carry out the commissioner's duties and obligations under this article.  (b) All moneys collected pursuant to this article, including premium taxes from captive insurance companies licensed in this State under this article, all captive insurance company application fees, annual license fees, and examination fees, shall be credited to the captive insurance administrative fund.  (c) Up to ten per cent of the total moneys credited to the fund in the prior fiscal year may be used for purposes of promoting Hawaii as a captive insurance domicile. Disbursements for promotional activities from the fund shall be subject to the approval of the director of commerce and consumer affairs.  (d) Sums from the fund expended by the commissioner shall be used to defray any administrative costs, including personnel costs associated with the captive programs of the insurance division, and costs incurred by supporting offices, branches, divisions, and departments. Notwithstanding any law to the contrary, the commissioner may use the moneys in the fund to employ or retain, by contract or otherwise and without regard to chapter 76, hearings officers, attorneys, investigators, accountants, examiners, and other necessary professional, technical, and support personnel to implement and carry out the purposes of this article; provided that any position, except any attorney position, that is subject to chapter 76 prior to July 1, 1999, shall remain subject to chapter 76.  (e) Moneys deposited by the commissioner in the fund shall not revert to the general fund. [L 1997, c 261, pt of §2; am L 1999, c 163, §12; am L 2000, c 131, §1; am L 2002, c 39, §17 and c 206, §1; am L Sp 2005, c 1, §2; am L 2012, c 253, §5]
HI Rev Stat § 431:19-102.2 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:19-102.2 Personal lines insurance.

  §431:19-102.2 Personal lines insurance. (a) A captive insurance company may be licensed to provide personal lines coverage for unrelated risks if the commissioner deems that extraordinary circumstances exist whereby coverage would be appropriate and in the best interest of the public. In determining whether extraordinary circumstances exist, the commissioner shall consider the following factors:  (1) The extent to which the particular coverage is available in the voluntary market;  (2) The existence of a relationship between the parent of the captive insurance company and the proposed policyholders other than that of insurer to insured;  (3) Whether the captive insurance company has sufficient capitalization to insure the proposed risks; and  (4) Any other factors that the commissioner deems appropriate.  (b) Any captive insurance company formed pursuant to this section shall be subject to articles 5, 10, 10A, 10B, 10C, 10D, 10E, 10F, 10G, 12, and 15 of this chapter in addition to all other applicable law. [L 1993, c 339, §4; am L 2005, c 22, §28; am L 2012, c 253, §7]
HI Rev Stat § 431:19-102.5 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:19-102.5 REPEALED.

  §431:19-102.5 REPEALED. L 2000, c 67, §3.
HI Rev Stat § 431:19-103 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:19-103 Names of companies.

  §431:19-103 Names of companies. (a) No captive insurance company shall adopt a name that is the same, deceptively similar, or likely to be confused with or mistaken for any other existing business name registered in the State.  (b) A captive insurance company shall apply to the department of commerce and consumer affairs and the commissioner for approval of the use or change of a trade name pursuant to section 431:2-217. [L 1987, c 347, pt of §2; am L 2000, c 133, §3; am L 2019, c 70, §23]
HI Rev Stat § 431:19-104 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:19-104 Minimum capital and surplus.

  §431:19-104 Minimum capital and surplus. (a) Each captive insurance company licensed pursuant to this article shall possess and thereafter maintain unimpaired capital and surplus in the amount established by the commissioner; provided that:  (1) The commissioner shall take into account the nature and volume of business transacted by each captive insurance company, and any other factors deemed appropriate by the commissioner;  (2) Class 3 companies shall be subject to other applicable provisions of this chapter that may require capital and surplus in excess of those established by the commissioner; and  (3) Minimum capital and surplus established by the commissioner shall be no less than the following amounts:  (A) Class 1 company: $100,000;  (B) Class 2 company: $250,000;  (C) Class 3 company: $500,000;  (D) Class 4 company: $500,000; and  (E) Class 5 company: An amount as determined by the commissioner on a case by case basis.  (b) Minimum required capital and surplus established by the commissioner pursuant to subsection (a) shall be in any one or combination of the following forms: cash, irrevocable letter of credit issued by a bank chartered by this State or a member bank of the Federal Reserve System, public obligations as defined in section 431:6-301, or other form approved by the commissioner; provided that minimum required capital and surplus in excess of the amounts listed in subsection (a)(3) shall be allowed to be invested in accordance with a strategic investment policy adopted and monitored by the captive insurance company €™s governing body, and approved by the commissioner.  (c) In the case of a branch captive insurance company, and in lieu of minimum capital and surplus under this section, the commissioner shall determine the amount and form of security to be maintained by the branch captive insurance company in this State after taking into consideration:  (1) The amount and nature of risk written through and retained by the branch captive insurance company in this State;  (2) The financial condition of the outside captive insurance company whose branch office is located in this State;  (3) Trusts or other security posted for ceding insurers; and  (4) Any other factors the commissioner deems appropriate. The security required by the commissioner may be in the form of cash, an irrevocable letter of credit issued by a bank chartered in this State or a member bank of the Federal Reserve System, a trust, public obligations as defined in section 431:6-301, or any other forms of security deemed appropriate by the commissioner. [L 1987, c 347, pt of §2; am L 1998, c 150, §4; am L 1999, c 302, §3; am L 2000, c 36, §4 and c 133, §4; am L 2003, c 209, §3; am L 2007, c 232, §6; am L 2008, c 190, §5; am L 2012, c 253, §10]
HI Rev Stat § 431:19-105 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:19-105 REPEALED.

  §431:19-105 REPEALED. L 2007, c 232, §10.
HI Rev Stat § 431:19-106 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:19-106 Formation of captive insurance companies in this State.

  §431:19-106 Formation of captive insurance companies in this State. (a) A captive insurance company shall be:  (1) Incorporated pursuant to chapter 414 as a stock insurer with its capital divided into shares and held by the stockholders;  (2) Incorporated pursuant to chapter 414D as a nonprofit insurer;  (3) Incorporated pursuant to chapter 414 as a mutual insurer without capital stock, the governing body of which is elected by the member organization of its association;  (4) Organized in the State as a reciprocal insurer in accordance with sections 431:3-107, 431:3-108, 431:4-404, 431:4-405 (provided that the principal office of the attorney-in-fact for the domestic reciprocal insurer shall not be required to be maintained in this State), 431:4-406 (excluding 431:4-406(b)(3)), 431:4-407, and 431:4-415(a); or  (5) Organized pursuant to chapter 428 as a member-managed or manager-managed limited liability company.  (b) Before the required organizational documents are transmitted to the department of commerce and consumer affairs, the incorporators or organizers shall petition the commissioner to issue a certificate setting forth the commissioner's finding that the establishment and maintenance of the proposed company will promote the general good of the State. In arriving at such a finding, the commissioner shall consider:  (1) The character, reputation, financial standing, and objectives of the organizers;  (2) The character, reputation, financial responsibility, insurance experience, and business qualifications of the captive insurance company's officers and directors, or members of its governing body, and its service providers; and  (3) Other aspects as the commissioner deems advisable.  (c) The required organizational documents and fees shall be transmitted to the department of commerce and consumer affairs for filing and recordation, as may be necessary.  (d) The capital stock of a captive insurance company incorporated as a stock insurer shall be issued at not less than par value.  (e) Captive insurance companies formed under this article shall have the privileges and be subject to the general corporation law, nonprofit corporation law, or limited liability company law of this State as may be applicable, as well as this article. In the event of conflict between any of the foregoing applicable laws of this State and this article, this article shall control. [L 1987, c 347, pt of §2; am L 1992, c 108, §3; am L 1993, c 205, §36; am L 1997, c 15, §1; am L 1999, c 302, §5; am L 2003, c 209, §5; am L 2005, c 31, §4; am L 2007, c 232, §7; am L 2012, c 253, §11]
HI Rev Stat § 431:19-106.3 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:19-106.3 REPEALED.

 §431:19-106.3 REPEALED. L 2008, c 190, §7.