reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter XV - Medical Respite Program › Part 1007 - Medical Respite Program › Section 1007.12 - Physical Standards

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				General.
(1) The operator must maintain the
				facility in a good state of repair and sanitation and in conformance with
				applicable state and local building codes and other laws.
(2) The facility shall be appropriate for a
				recipient resting and recuperating from the recipient's qualifying
				condition.
(3) The facility or a
				dedicated portion of the facility must be used exclusively to operate a medical
				respite program. An operator may request prior permission from the department,
				in writing, to utilize space for other activities. The operator must
				demonstrate that the proposed use is not incompatible with the medical respite
				program, will not be detrimental to recipients and complies with applicable
				local codes.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter XV - Medical Respite Program › Part 1007 - Medical Respite Program › Section 1007.13 - Contracts

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In the event
				that an operator of a medical respite program contracts with a separate
				independent entity to perform any of its operations, the following conditions
				shall apply:
(1) The contractor shall
				demonstrate to the satisfaction of the operator that the contractor is
				financially stable and able, by reason of past performance or like
				qualification, to perform the duties delegated by the operator.
(2) If required, the contractor shall be
				certified by any appropriate local or State agency or unit of government, and
				shall comply with said regulations. Documentation of such certification and
				compliance shall be provided to the operator and shall be available for
				inspection by the department.
(3)
				The operator shall remain responsible for oversight of any functions delegated
				to the contractor, the contractor's compliance with all applicable laws and
				regulations, and the operation of the facility regardless of the existence of
				any contract.
(4) The contract
				shall:
(i) be in writing, dated and signed by
				all parties;
(ii) adhere to all
				legal requirements under the Not-For-Profit Corporation Law;
(iii) include each party's responsibilities
				and functions;
(iv) include all
				financial arrangements and charges, which shall be consistent with fair market
				value;
(v) specify those powers and
				duties delegated to the contractor by the operator;
(vi) specify that the powers and duties not
				delegated to the contractor remain with the operator;
(vii) provide that the operator retains the
				authority to discharge any person working in the facility;
(viii) state the terms by which the
				contractor may hire and discharge persons working in the facility or for the
				medical respite program;
(ix)
				require the contractor to comply with all applicable provisions of law and
				regulations;
(x) require the
				contractor to provide all information required by the department, and to
				cooperate with the department in carrying out inspection and enforcement
				activities;
(xi) state that in the
				event the contractor proposes to subcontract any delegated functions, the
				subcontractor must be a signatory to the agreement between the operator and the
				contractor, which must expressly provide for the subcontracting of delegated
				functions; and that the subcontractor may be terminated by the contractor or
				the operator;
(xii) stipulate that
				the operator, notwithstanding any other provisions of the contract, remains
				responsible for operation of the medical respite program in compliance with
				applicable laws and regulations; and
(xiii) specify the terms of the contract and
				the provisions governing renewal and termination prior to expiration.
(5) A copy of each contract shall
				be retained on file by the operator and shall be available for
				inspection.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter XV - Medical Respite Program › Part 1007 - Medical Respite Program › Section 1007.14 - Records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The operator
				shall collect and maintain such information, records or reports as set forth in
				this Part and as otherwise determined by the department.
(b) The department or its designee may
				examine the books and records of any facility to determine the accuracy of the
				annual financial statement, or for any other reason deemed appropriate by the
				department to effectuate the purposes of these regulations.
(c) Recipient Records.
(1) The operator shall maintain true,
				complete, accurate and current records for each recipient.
(2) Records shall be maintained at the
				facility and shall be available for review and inspection by the
				department.
(3) Records shall be
				maintained in a manner that assures recipient privacy, security and
				confidentiality;
(4) Records shall
				be accessible to medical respite program staff to use solely in the provision
				of medical respite services, as well as emergency services.
New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter I - GENERAL PROVISIONS › Part 1 - Definitions › Section 1.1 - Regulation

Current through Register Vol. 46, No. 28, July 10, 2024
A regulation is an official act of the superintendent of
				  general application, that is, a statement of a rule applicable to future as
				  well as existing situations, and applicable to all or any class of insurers,
				  agents, brokers, adjusters, employees of the Insurance Department, or other
				  persons subject to being regulated by the Superintendent of
				  Insurance.
New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter I - GENERAL PROVISIONS › Part 1 - Definitions › Section 1.2 - Order

Current through Register Vol. 46, No. 28, July 10, 2024
An order is an official act of the superintendent of
				  particular application, including approval, licensing, revocation or suspension
				  of a license, refusal of a license, issuance or refusal of a permit, order for
				  examination of an insurer, and like official acts having legal
				  consequences.
New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter I - GENERAL PROVISIONS › Part 1 - Definitions › Section 1.3 - Opinion

Current through Register Vol. 46, No. 28, July 10, 2024
An opinion is an informal statement of the interpretation or
				  construction of any law or official regulation of the superintendent, in
				  reference to a particular situation involving the exercise of any authority of
				  the superintendent under the Insurance Law, when made by an official or
				  salaried employee of the Insurance Department in the regular course of his or
				  her duties.
New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter I - GENERAL PROVISIONS › Part 2 - Promulgation Of Regulations; Opinions › Section 2.1 - Form of regulations

Current through Register Vol. 46, No. 28, July 10, 2024
All regulations shall be signed by the superintendent, shall
				  be dated as of date of signature, should have short descriptive titles
				  indicating the subject matter to which they relate, and should cite the section
				  or sections of the Insurance Law which authorize their issuance. A regulation
				  which modifies or supersedes a prior regulation should refer to the regulation
				  or regulations so modified or superseded. They are to take effect in accordance
				  with the applicable provisions of the State Administrative Procedure
				  Act.
New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter I - GENERAL PROVISIONS › Part 2 - Promulgation Of Regulations; Opinions › Section 2.2 - Promulgation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Regulations
				shall be promulgated in compliance with the provisions of the State
				Administrative Procedure Act and other applicable law.
(b) Copies of regulations should be sent to
				all authorized insurers affected thereby, and regulations governing the conduct
				of agents, brokers and other persons directly affected thereby should be given
				appropriate publicity or be communicated to such persons by such means as may
				be deemed convenient and practicable.
New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter I - GENERAL PROVISIONS › Part 2 - Promulgation Of Regulations; Opinions › Section 2.3 - Recording and indexing

Current through Register Vol. 46, No. 28, July 10, 2024
All regulations shall be signed by the superintendent in
				  duplicate and the duplicate originals shall be kept in two sets of loose-leaf
				  books of which one shall be kept in the offices of the Insurance Department in
				  Albany and in the City of New York. These copies are not to be taken from the
				  Insurance Department except under order of court. It shall be the duty of the
				  department counsel, or of a deputy superintendent designated for that purpose,
				  to see that all regulations are consecutively numbered, properly recorded and
				  indexed by reference to subject matter and to the section or sections of the
				  Insurance Law. The regulations and index shall be open to public
				  inspection.
New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter I - GENERAL PROVISIONS › Part 2 - Promulgation Of Regulations; Opinions › Section 2.4 - Copy to secretary of state

Current through Register Vol. 46, No. 28, July 10, 2024
Promptly upon the making of an official regulation, which is
				  required to be filed pursuant to section 8 of article IV of the Constitution of
				  New York and the provisions of the State Administrative Procedure Act, a copy
				  thereof shall be filed in the office of the Secretary of
				  State.
New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter I - GENERAL PROVISIONS › Part 2 - Promulgation Of Regulations; Opinions › Section 2.5 - Opinions

Current through Register Vol. 46, No. 28, July 10, 2024
The superintendent, all deputy superintendents, the
				  department counsel and bureau heads may give written opinions, and the usual
				  procedure to be observed should be as follows:
(a) The relevant statutes, regulations,
				orders, and prior opinions should be consulted.
(b) In case the proposed opinions will
				conflict with any other known opinion or with any regulation or practice of the
				Insurance Department, the department counsel or a deputy superintendent should
				be consulted.
(c) The person
				requesting the opinion, or to be affected thereby, should be required to give a
				statement of the relevant facts, and of the reasons why the opinion is
				requested, and if it is to be recorded and indexed as hereinafter provided, a
				concise summary of the facts should be stated in the opinion and the relevant
				sections of the Insurance Law should be cited.
(d) The scope of the opinion should be
				confined to the facts and reasons presented except where the opinion is
				intended to cover a question of general application.
(e) The scope of the opinion should not be
				broader than the scope of the powers and duties of the official or employee
				giving the same.
(f) An opinion is
				deemed to be sufficiently important as a guide to the future action of the
				Insurance Department to justify keeping a permanent record thereof, the opinion
				shall be filed and retained in accordance with internal department procedures.
				The public disclosure of opinions shall be subject to the provisions of the
				Freedom of Information Law and Part 241 of this Title (Regulation
				71).
New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter I - GENERAL PROVISIONS › Part 2 - Promulgation Of Regulations; Opinions › Section 2.6 - Failure to conform to requirements

Current through Register Vol. 46, No. 28, July 10, 2024
Failure to conform to the requirements of this Part shall not
				  render ineffective any regulation or order which is otherwise
				  effective.
New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter I - GENERAL PROVISIONS › Part 2 - Promulgation Of Regulations; Opinions › Section 2.7 - Designation of department counsel to record regulations and opinions

Current through Register Vol. 46, No. 28, July 10, 2024
Until further notice, regulations and copies of opinions will
				  be recorded and indexed by the department counsel.
New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter I - GENERAL PROVISIONS › Part 3 - Election Of Directors In Domestic Life Insurance Companies › Section 3.1 - Notice of policyholder's right to vote

Current through Register Vol. 46, No. 28, July 10, 2024
Pursuant to sections 301 and
				  4210  of the Insurance Law, every domestic
				  life insurance company shall print upon all its life insurance premium receipts
				  and receipts for stipulated payments under annuity contracts, used or delivered
				  after the effective date hereof, or, in the case of industrial life insurance,
				  upon all of its premium receipt books used or delivered after such date in
				  connection with such insurance, an appropriate statement, in type not smaller
				  than eight point single leaded, indicating the right of the policyholder or
				  contract holder, as the case may be, to vote either in person, by mail or by
				  proxy at the annual election of the directors of such company and stating the
				  time and place of the next annual meeting at which such election will be held,
				  and further indicating that, pursuant to section 4210  of the Insurance Law of New York,
				  groups of policyholders and contract holders have the right to nominate one or
				  more independent tickets not less than five months prior to the date of such
				  election.
New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter I - GENERAL PROVISIONS › Part 3 - Election Of Directors In Domestic Life Insurance Companies › Section 3.2 - Publication of administration candidates

Current through Register Vol. 46, No. 28, July 10, 2024
Within 30 days after the filing with the Superintendent of
				  Insurance of the administration ticket for any such election of directors,
				  pursuant to subsection (g) of section 4210, every such company shall cause to
				  be published the names of the candidates on such ticket, a brief identification
				  of each and a statement that such persons have been nominated by the board of
				  directors of such company as candidates to fill vacancies in such board at the
				  annual meeting of the company to be held at a time and place therein indicated.
				  Such publication shall be made, at the expense of the company, in two daily
				  newspapers published in this State, which have been approved by the
				  superintendent, for such purpose, and in one additional newspaper, approved by
				  the superintendent which is published in one of the larger cities of other
				  states, the residents of which hold a substantial amount of the company's
				  outstanding policies and contracts.
New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter I - GENERAL PROVISIONS › Part 3 - Election Of Directors In Domestic Life Insurance Companies › Section 3.3 - Company's option as to more extensive notice

Current through Register Vol. 46, No. 28, July 10, 2024
Any such company may cause such information to be more widely
				  published, or to be given more extensive notice, than is prescribed in section
				  3.2 
				  of this Part.
New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter I - GENERAL PROVISIONS › Part 3 - Election Of Directors In Domestic Life Insurance Companies › Section 3.4 - Procedure for election of directors or trustees where an independent ticket has not been filed

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Notice of
				the time and place of holding said election shall be given by publication
				thereof in two newspapers of general circulation, approved by the
				Superintendent of Insurance, printed in the city in which the home office is
				located, twice a week for two successive weeks immediately preceding said
				election. Proof of publication of the notice of election shall be filed with
				the inspectors of election prior to the opening of the polls.
(b) All subsections between (i)(2) and
				(k)(10), respectively of section 4210  of the Insurance Law, excepting
				subsections (k)(2) and (k)(5), are hereby adopted insofar as applicable as the
				rules for the conduct of the election, except as their application is
				hereinafter modified.
(c) Only the
				last sentence of subsection (i)(3) shall apply to this election.
(d) The application of subsection (j) is
				hereby modified so as to permit the holders of proxies to cast a single ballot
				for the number of voters represented by them after the proxies held by them
				shall have been classified and counted by the clerks and verified to the
				satisfaction of the inspectors.
(e)
				The application of subsection (k)(10) is modified to the extent that all
				ballots received by the company shall be preserved by the company for the
				inspection of the superintendent or his authorized examiners or inspectors of
				election until the expiration of two years from the date of the last
				election.
(f)
(1) There is no necessity for securing a
				large number of votes in noncontested elections. But since one domestic company
				has requested permission to encourage policyholders to vote as an educational
				matter, it will be permitted under the following rules:
(2) Officers and agents may notify
				policyholders of their right to vote and may distribute ballots or proxies to
				policyholders. No agent shall be required as part of his duty to solicit or
				secure ballots from any policyholder. Any such solicitation shall be entirely
				voluntary upon the part of said agents. This paragraph shall be prominently
				displayed in the principal office of the company and also in the branch offices
				during the period of solicitation.
New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter I - GENERAL PROVISIONS › Part 4 - Rules Governing The Procedures For Adjudicatory Proceedings Before The Insurance Department (Repealed)

Current through Register Vol. 46, No. 28, July 10, 2024
Statutory authority: Insurance Law, §§201, 301,
				  303, 304, 305, 306
New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter I - GENERAL PROVISIONS › Part 6 - Electronic Filings and Submissions › Section 6.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Accident and
				health insurance company shall have the meaning set forth in Insurance Law
				section
				107(a)(1).
(b) Article 43 corporation means a
				corporation organized pursuant to Insurance Law Article 43.
(c) Insurer means an insurer authorized to do
				an insurance business in this State, including an Article 43 corporation and a
				health maintenance organization.
(d) Life insurance company shall have the
				meaning set forth in Insurance Law section
				107(a)(28).
(e) NAIC means the National Association of
				Insurance Commissioners.
(f) SERFF
				means the NAIC's System for Electronic Rates and Forms Filing or any system
				designated by the superintendent as substantially similar.
(g) Filer means an insurer or other person or
				entity required to make a filing with or submission to the
				superintendent.
New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter I - GENERAL PROVISIONS › Part 6 - Electronic Filings and Submissions › Section 6.3 - Exemptions from electronic filing and submission requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A filer required to make an electronic
				filing or a submission pursuant to section 6.2  of this Part may apply to the
				superintendent for an exemption from the requirement that the filing or
				submission be electronic by submitting a written request to the superintendent
				for approval at least 30 days before the filer shall submit to the
				superintendent the particular filing or submission that is the subject of the
				request.
(b) The request for an
				exemption shall:
(1) set forth the filer's
				NAIC number or license number, if applicable;
(2) identify the specific filing or
				submission for which the filer is applying for the exemption;
(3) specify whether the filer is making the
				request for an exemption based upon undue hardship, impracticability, or good
				cause, and set forth a detailed explanation as to the reason that the
				superintendent should approve the request; and
(4) specify whether the request for an
				exemption extends to future filings or submissions, in addition to the specific
				filing or submission identified in paragraph (2) of this
				subdivision.
New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter I - GENERAL PROVISIONS › Part 7 - Sale Of Insurance Securities › Section 7.0 - Introductory

Current through Register Vol. 46, No. 28, July 10, 2024
The following Part 7 is promulgated to establish procedures
				  to effectuate the purposes of section 1204  of the Insurance Law, prohibiting the
				  sale or offer for sale of securities of certain unauthorized insurers to the
				  public in this State, and regulating advertising used in connection with
				  certain offerings of insurance securities.
New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter I - GENERAL PROVISIONS › Part 7 - Sale Of Insurance Securities › Section 7.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) For the purpose
				of this Part, insurer shall include any corporation defined as such pursuant to
				section 1204.
(b) For the purpose
				of section
				7.2  of this
				Part, the terms domestic insurer or authorized foreign insurer shall mean only
				a domestic corporation organized under the New York Insurance Law, or a foreign
				corporation authorized to an insurance business in this State,
				respectively.
New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter I - GENERAL PROVISIONS › Part 8 - Insider Trading Of Insurance Securities › Section 8.0 - Introductory

Current through Register Vol. 46, No. 28, July 10, 2024
The following Part 8 is hereby promulgated to establish
				  procedures to effectuate the purposes of section 1221  of the Insurance Law with respect to
				  insider trading by officers, directors and principals of domestic stock
				  insurers whose stocks are sold on the "over-the- counter"
				  market.
New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter I - GENERAL PROVISIONS › Part 8 - Insider Trading Of Insurance Securities › Section 8.1 - Market-making exemption

Current through Register Vol. 46, No. 28, July 10, 2024
Upon approval of an application for exemption as hereinafter
				  provided, the provisions of subsection (a) of section 1221  of the Insurance Law shall not apply
				  to any purchase and sale, or sale and purchase, and the provisions of
				  subsection (b) of section 1221 of such law shall not apply to any sale, of any
				  stock not then or theretofore held by him in his investment account, by a
				  dealer in the ordinary course of his business and incident to the establishment
				  or maintenance by him of a primary or secondary market; and no such purchase or
				  sale shall be matched against any sale or purchase of such dealer for his
				  investment account for the purpose of determining profits under said subsection
				  (b). A market-making exemption will be granted upon written application
				  therefor and a certification by the applicant that the stock for which
				  exemption is requested is stock which has been or will be purchased by
				  applicant for his inventory held or to be held for sale as a dealer in the
				  ordinary course of his business and incident to the establishment or
				  maintenance of a primary or secondary market and will not be stock which has
				  been or will be held by such dealer for investment.
New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter I - GENERAL PROVISIONS › Part 8 - Insider Trading Of Insurance Securities › Section 8.2 - Exemption of certain transactions effected in connection with a distribution

Current through Register Vol. 46, No. 28, July 10, 2024
Any transaction of purchase and sale, or sale and purchase,
				  of any stock which is effected in connection with the distribution of a
				  substantial block of stock shall be exempt from the provisions of subsection
				  (b) of section 1221  of the Insurance Law, to the extent
				  specified herein, as not comprehended within the purpose of the said
				  provisions, upon the following conditions:
(a) the person effecting the transaction is
				engaged in the business of distributing stock and is participating in good
				faith, in the ordinary course of such business, in the distribution of such
				block of stock;
(b) the stock
				involved in the transaction is (1) a part of such block of stock and is
				acquired by the person effecting the transaction, with a view to the
				distribution thereof, from the insurer or other person on whose behalf such
				stock is being distributed or from a person who is participating in good faith
				in the distribution of such block of stock, or (2) stock purchased in good
				faith by or for the account of the person effecting the transaction for the
				purpose of stabilizing the market price of stock of the class being distributed
				or to cover an over-allotment or other short position created in connection
				with such distribution; and
(c)
				other persons not within the purview of section 1221  of the Insurance Law are participating
				in the distribution of such block of stock on terms at least as favorable as
				those on which such person is participating and to an extent at least equal to
				the aggregate participation of all persons exempted from the provisions of
				subsection (b) or subsection (c) of section 1221 by this section. However, the
				performance of the functions of manager of a distributing group and the receipt
				of a bona fide payment for performing such functions shall not preclude an
				exemption which would otherwise be available under this section.
The exemption of a transaction pursuant to this section with
				  respect to the participation therein of one party thereto shall not render such
				  transaction exempt with respect to participation of any other party therein
				  unless such other party also meets the conditions of this
				  section.
New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter I - GENERAL PROVISIONS › Part 8 - Insider Trading Of Insurance Securities › Section 8.3 - Exemption of certain dispositions effected in connection with an exchange offer

Current through Register Vol. 46, No. 28, July 10, 2024
(a) For the
				purpose of subsection (b) of section 1221, and subject to the provisions of
				subdivision (b) of this section:
(1) the
				disposition of stock acquired though the exercise of a stock option, by means
				of an exchange offer made to all stockholders generally, shall not be the sale
				of such stock; and
(2) the
				acquisition of stock pursuant to the exercise of a stock option shall not be a
				purchase which may be matched with any stock theretofore or thereafter disposed
				of by the acceptance of such exchange offer.
New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter I - GENERAL PROVISIONS › Part 9 - Distribution And Sale Of Publications And Forms Of The Department Of Financial Services › Section 9.1 - Distribution and sale of publications of the department of financial services

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Except as
				otherwise provided in subdivisions (b) and (c) of this section, a fee shall be
				charged in accordance with the itemized schedule attached hereto [see Appendix
				6, infra] for any blank, report, pamphlet, document or other publication of the
				department furnished or distributed to the public. Many of the current year
				publications listed in Appendix 6 (infra) are also available electronically (at
				no charge) through the department's website located at
				http://www.dfs.ny.gov/reportpub/dfs_reportpub.htm.
(b) No fee shall be charged for furnishing a
				report or other document to the Governor, the Legislature, any of the State
				departments or representatives of the press. The Director of the Budget may
				prescribe other cases in which no fee shall be charged.
(c) No charge shall be made for blank forms,
				reports, pamphlets and other printed documents necessary or proper in the
				conduct of the official business of the department.
New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter I - GENERAL PROVISIONS › Part 10 - Proxies, Consents And Authorizations Of Domestic Stock Insurers › Section 10.1 - Application of part 10

Current through Register Vol. 46, No. 28, July 10, 2024
This Part is applicable to all domestic stock insurers having
				  100 or more stockholders; provided, however, that this Part shall not apply to
				  any insurer if 95 percent or more of its stock is owned or controlled by a
				  parent or an affiliated insurer and the remaining shares are held by less than
				  500 stockholders. A domestic stock insurer which files with the Securities and
				  Exchange Commission forms of proxies, consents and authorizations complying
				  with the requirements of the Securities and Exchange Act of 1934 and the
				  Securities and Exchange Commission promulgated thereunder shall be exempt from
				  the provisions of this Part.
New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter I - GENERAL PROVISIONS › Part 10 - Proxies, Consents And Authorizations Of Domestic Stock Insurers › Section 10.2 - Proxies, consents and authorizations

Current through Register Vol. 46, No. 28, July 10, 2024
No domestic stock insurer, or any director, officer or
				  employee of such insurer subject to section
				  10.1  of
				  this Part, or any other person, shall solicit, or permit the use of his name to
				  solicit, by mail or otherwise, any proxy, consent or authorization in respect
				  of any stock of such insurer in contravention of this Part and Schedules A and
				  B hereto annexed and hereby made a part of this Part [see Appendix 7,
				  infra].
New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter I - GENERAL PROVISIONS › Part 10 - Proxies, Consents And Authorizations Of Domestic Stock Insurers › Section 10.3 - Disclosure of equivalent information

Current through Register Vol. 46, No. 28, July 10, 2024
Unless proxies, consents or authorizations in respect of a
				  stock of a domestic insurer subject to section
				  10.1  of
				  this Part are solicited by or on behalf of the management of such insurer from
				  the holders of record of stock of such insurer in accordance with this Part and
				  the schedules thereunder prior to any annual or other meeting, such insurer
				  shall, in accordance with this Part and/or such further regulations as the
				  superintendent may adopt, file with the superintendent and transmit to all
				  stockholders of record information substantially equivalent to the information
				  which would be required to be transmitted if a solicitation were
				  made.
New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter I - GENERAL PROVISIONS › Part 10 - Proxies, Consents And Authorizations Of Domestic Stock Insurers › Section 10.4 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The definitions
				and instructions set out in Schedule SIS, as promulgated by the National
				Association of Insurance Commissioners, shall be applicable for the purposes of
				this Part.
(b) The terms solicit
				and solicitation for purposes of this Part shall include:
(1) any request for a proxy, whether or not
				accompanied by or included in a form of proxy; or
(2) any request to execute or not to execute,
				or to revoke, a proxy; or
(3) the
				furnishing of a proxy or other communication to stockholders under
				circumstances reasonably calculated to result in the procurement, withholding
				or revocation of a proxy.
New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter I - GENERAL PROVISIONS › Part 10 - Proxies, Consents And Authorizations Of Domestic Stock Insurers › Section 10.5 - Information to be furnished to stockholders

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No solicitation subject to this Part
				shall be made unless each person solicited is concurrently furnished or has
				previously been furnished with a written proxy statement containing the
				information specified in Schedule A [see Appendix 7].
(b) If the solicitation is made on behalf of
				the management of the insurer and relates to an annual meeting of stockholders
				at which directors are to be elected, each proxy statement furnished pursuant
				to subdivision (c) of this section shall be accompanied or preceded by an
				annual report (in preliminary or final form) to such stockholders containing
				such financial statements for the last fiscal year as are referred to in
				Schedule SIS under the heading "Financial Reporting to Stockholders." Subject
				to the foregoing requirements with respect to financial statements, the annual
				report to stockholders may be in any form deemed suitable by the
				management.
(c) Two copies of each
				report sent to the stockholders pursuant to this section shall be mailed to the
				superintendent not later than the date on which such report is first sent or
				given to stockholders or the date on which preliminary copies of solicitation
				material are filed with the superintendent, pursuant to section
				10.7(a) 
				of this Part, whichever date is later.
New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter I - GENERAL PROVISIONS › Part 10 - Proxies, Consents And Authorizations Of Domestic Stock Insurers › Section 10.6 - Requirements as to proxy

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				form of proxy:
(1) shall indicate in
				bold-face type whether or not the proxy is solicited on behalf of the
				management;
(2) shall provide a
				specifically designated blank space for dating the proxy; and
(3) shall identify clearly and impartially
				each matter or group of related matters intended to be acted upon, whether
				proposed by the management, or stockholders. No reference need be made to
				proposals as to which discretionary authority is conferred pursuant to
				subdivision (c) of this section.
New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter I - GENERAL PROVISIONS › Part 10 - Proxies, Consents And Authorizations Of Domestic Stock Insurers › Section 10.7 - Material required to be filed

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Two
				preliminary copies of the proxy statement and form of proxy and any other
				soliciting material to be furnished to stockholders concurrently therewith
				shall be filed with the superintendent at least 10 days prior to the date
				definitive copies of such material are first sent or given to stockholders, or
				such shorter period prior to that date as the superintendent may authorize upon
				a showing of good cause therefor.
(b) Two preliminary copies of any additional
				soliciting material relating to the same meeting or subject matter to be
				furnished to stockholders subsequent to the proxy statements shall be filed
				with the superintendent at least two days (exclusive of Saturdays, Sundays or
				holidays) prior to the date copies of this material are first sent or given to
				stockholders or a shorter period prior to such date as the superintendent may
				authorize upon a showing of good cause therefor.
(c) Two definitive copies of the proxy
				statement, form of proxy and all other soliciting material, in the form in
				which this material is furnished to stockholders, shall be filed with, or
				mailed for filing to, the superintendent not later than the date such material
				is first sent or given to the stockholders.
(d) Where any proxy statement, form of proxy
				or other material filed pursuant to these rules is amended or revised, two of
				the copies shall be marked to clearly show such changes.
(e) Copies of replies to inquiries from
				stockholders requesting further information and copies of communications which
				do no more than request that forms of proxy theretofore solicited be signed and
				returned need not be filed pursuant to this section.
(f) Notwithstanding the provisions of
				subdivisions (a) and (b) hereof and of subdivision (e) of section
				10.10 
				of this Part, copies of soliciting material in the form of speeches, press
				releases and radio or television scripts may, but need not, be filed with the
				superintendent prior to use or publication. Definitive copies, however, shall
				be filed with or mailed for filing to the superintendent as required by
				subdivision (c) hereof not later than the date such material is used or
				published. The provisions of subdivisions (a) and (b) hereof and subdivision
				(e) of section
				10.10 
				of this Part shall apply, however, to any reprints or reproductions of all or
				any part of such material.
New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter I - GENERAL PROVISIONS › Part 10 - Proxies, Consents And Authorizations Of Domestic Stock Insurers › Section 10.8 - False or misleading statements

Current through Register Vol. 46, No. 28, July 10, 2024
No solicitation subject to this Part shall be made by means
				  of any proxy statement, form of proxy, notice of meeting, or other
				  communication, written or oral, containing any statement which at the time and
				  in the light of the circumstances under which it is made, is false or
				  misleading with respect to any material fact, or which omits to state any
				  material fact necessary in order to make the statements therein not false or
				  misleading or necessary to correct any statement in any earlier communication
				  with respect to the solicitation of a proxy for the same meeting or subject
				  matter which has become false or misleading.
New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter I - GENERAL PROVISIONS › Part 10 - Proxies, Consents And Authorizations Of Domestic Stock Insurers › Section 10.9 - Prohibition of certain solicitations

Current through Register Vol. 46, No. 28, July 10, 2024
No person making a solicitation which is subject to this Part
				  shall solicit any undated or post dated proxy or any proxy which provides that
				  it shall be deemed to be dated as of any date subsequent to the date on which
				  it is signed by the stockholder.
New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter I - GENERAL PROVISIONS › Part 10 - Proxies, Consents And Authorizations Of Domestic Stock Insurers › Section 10.10 - Special provisions applicable to election contests

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Applicability. This section shall apply
				to any solicitation subject to this Part by any person or group for the purpose
				of opposing a solicitation subject to this Part by any other person or group
				with respect to the election or removal of directors at any annual or special
				meeting of stockholders.
(b)
				Participant or participant in a solicitation.
(1) For the purposes of this section the
				terms participant and participant in a solicitation include:
(i) the insurer;
(ii) any director of the insurer, and any
				nominee for whose election as a director proxies are solicited;
(iii) any other person, acting alone or with
				one or more other persons, committees or groups, in organizing, directing or
				financing the solicitation.
New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter I - GENERAL PROVISIONS › Part 12 - Agent Training Allowance Subsidies For Certain Life Insurance And Annuity Business › Section 12.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
The provisions of this section shall apply to all domestic
				  life insurance companies and to all foreign and alien life insurance companies
				  doing business in this State, but not the alien branches of such companies or
				  such companies' subsidiaries not licensed in this State to do an insurance
				  business, nor to fraternal benefit societies. The provisions shall apply only
				  to the types of policies as specified in Insurance Law section
				  4228(a).
New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter I - GENERAL PROVISIONS › Part 12 - Agent Training Allowance Subsidies For Certain Life Insurance And Annuity Business › Section 12.2 - Maximum training allowance subsidies

Current through Register Vol. 46, No. 28, July 10, 2024
Insurance Law section 4228(e)(3)(G) provides that the
				  superintendent shall periodically adjust the cumulative maximum training
				  allowance subsidy limits to agents set forth in sections 4228(e)(3)(C) through
				  (E) for agents with respect to the types of policies specified in Insurance Law
				  section 4228(a). Accordingly, the amounts as specified in section 4228(e)(3)(C)
				  through (E) are adjusted as follows:
(a) Subparagraph (e)(3)(C): an agent may
				receive a training allowance subsidy, provided that:
(1) the agent has earned less than $36,000
				from the sale of policies and contracts cumulatively during the three years
				prior to such agent's appointment; or
(2) less than 25 percent of the agent's
				earned income has been received from the sale of policies and contracts during
				each of the three years prior to appointment.
New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter I - GENERAL PROVISIONS › Part 13 - Mass Merchandising Of Personal Property - Liability Insurance › Section 13.1 - Introduction

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of this Part is to prescribe rules to prevent
				  abuses in connection with the sale of personal property-liability insurance in
				  this State pursuant to mass merchandising plans, while preserving for consumers
				  the potential benefits of this form of merchandising.
New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter I - GENERAL PROVISIONS › Part 13 - Mass Merchandising Of Personal Property - Liability Insurance › Section 13.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Part:
(a) Mass merchandising plan means a method of
				selling personal property-liability insurance wherein:
(1) such insurance is offered to employees of
				particular employers or to members of particular associations or organizations;
				and
(2) the employer, association
				or organization has agreed to, or otherwise affiliated itself with, the sale of
				such insurance to its employees or members.
New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter I - GENERAL PROVISIONS › Part 13 - Mass Merchandising Of Personal Property - Liability Insurance › Section 13.3 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
This Part shall be applicable only to insurance policies
				  issued or renewed in this State after March 1, 1971, and is in addition to, and
				  not in substitution for, other applicable requirements of the Insurance Law and
				  department regulations. The requirements of this Part are not applicable to
				  methods of merchandising other than mass merchandising plans as defined in
				  section
				  13.2  of
				  this Part.
New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter I - GENERAL PROVISIONS › Part 13 - Mass Merchandising Of Personal Property - Liability Insurance › Section 13.4 - Fictitious arrangements prohibited

Current through Register Vol. 46, No. 28, July 10, 2024
No insurer shall, without the approval of the superintendent,
				  sell insurance pursuant to a mass merchandising plan to members of any
				  association or organization formed principally for the purpose of obtaining
				  such insurance.
New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter I - GENERAL PROVISIONS › Part 13 - Mass Merchandising Of Personal Property - Liability Insurance › Section 13.5 - Premium rates

Current through Register Vol. 46, No. 28, July 10, 2024
Premium rates under a mass merchandising plan shall comply
				  with the standards in the Insurance Law, including the standards that rates not
				  be excessive, inadequate or unfairly discriminatory. Rates shall not be deemed
				  to be unfairly discriminatory because different premiums result for
				  policyholders with like loss exposures but different expense factors, or like
				  expense factors but different loss exposures, so long as the rates reflect the
				  differences with reasonable accuracy. Rates shall not be deemed to be unfairly
				  discriminatory if they are averaged broadly among persons insured under a mass
				  merchandising plan.
New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter I - GENERAL PROVISIONS › Part 13 - Mass Merchandising Of Personal Property - Liability Insurance › Section 13.6 - Statistics

Current through Register Vol. 46, No. 28, July 10, 2024
An insurer selling insurance pursuant to mass merchandising
				  plans shall maintain separate statistics as to loss and expense experience
				  pertinent thereto. Calendar year expense data shall be maintained by line of
				  insurance in the same detail as required by Parts 105-109, infra, (uniform
				  accounting). Annual reports of premiums, losses and expenses by line of
				  coverage shall be filed with the superintendent for the calendar year no later
				  than April 1st of the following year in accordance with a form prescribed by
				  the superintendent.
New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter I - GENERAL PROVISIONS › Part 13 - Mass Merchandising Of Personal Property - Liability Insurance › Section 13.7 - Producers

Current through Register Vol. 46, No. 28, July 10, 2024
No person shall act as an insurance agent or an insurance
				  broker in connection with a mass merchandising plan for any kind of insurance
				  unless such person is duly licensed, under article 21 of the Insurance Law, as
				  an agent or broker for such kind of insurance.
New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter I - GENERAL PROVISIONS › Part 13 - Mass Merchandising Of Personal Property - Liability Insurance › Section 13.8 - Compulsory participation prohibited

Current through Register Vol. 46, No. 28, July 10, 2024
No insurer shall sell insurance pursuant to a mass
				  merchandising plan if it is a condition of employment or of membership in an
				  association or organization that any employee or member purchase insurance
				  pursuant to such plan, or if any employee or member shall be subject to any
				  penalty by reason of his nonparticipation.
New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter I - GENERAL PROVISIONS › Part 13 - Mass Merchandising Of Personal Property - Liability Insurance › Section 13.9 - Tie-in sales prohibited

Current through Register Vol. 46, No. 28, July 10, 2024
No insurer shall sell insurance pursuant to a mass
				  merchandising plan if:
(a) the
				purchase of insurance available under such plan is contingent upon the purchase
				of any other insurance, product or service; or
(b) the purchase of any other insurance,
				product or service is contingent upon the purchase of insurance available under
				such plan.
This provision shall not be deemed to prohibit the reasonable
				  requirement of safety devices, such as heat detectors, lightning rods, theft
				  prevention equipment and the like.