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Home » US Law » 2022 New Hampshire Revised Statutes » Title XXXVII - Insurance » Title 401 - Incorporation and Powers of Insurance Companies

Section 401:1 – Purposes.

    401:1 Purposes. – Subject to the additional or varied requirements stated in this chapter, a corporation with capital stock may be formed, pursuant to the provisions of RSA 293-A, and a corporation to carry on business on the mutual plan may be formed pursuant to the provisions of RSA 292, for the purpose of […]

Section 401:1-a – Purposes; Miscellaneous Insurance.

    401:1-a Purposes; Miscellaneous Insurance. – I. Any corporation formed or authorized for the purpose of conducting one or more of the kinds of insurance found in RSA 401:1, or licensed or authorized pursuant to RSA 405, shall be permitted to conduct other kinds of insurance not enumerated in RSA 401:1 as the commissioner may […]

Section 401:10 – Applicability of General Corporation Law.

    401:10 Applicability of General Corporation Law. – Insurance corporations organized under the laws of this state, whether by special charter or by the general law, shall be subject to only those provisions of the laws relating to corporations in general that are not inconsistent with the provisions of Title XXXVII, the insurance code. Source. […]

Section 401:11 – Merger of Insurance Companies.

    401:11 Merger of Insurance Companies. – I. Subject to the approval of the insurance commissioner as provided by law, any insurance corporation organized under the laws of this state, whether by special charter or under the general law, except mutual insurance companies, may merge or consolidate with any other corporation or corporations in the […]

Section 401:12 – Clerk; Registered Agent; Registered Office.

    401:12 Clerk; Registered Agent; Registered Office. – In lieu of the provisions of RSA 293-A:8.40(c), every insurer subject to this chapter may have and continuously maintain in this state a clerk who shall be the registered agent of the insurer and who shall be an individual resident of this state whose residence or business […]

Section 401:13 – Officers.

    401:13 Officers. – I. The officers of an insurer who is subject to the provisions of this chapter shall consist of a president, a clerk or secretary who shall be the agent for service of process, and a treasurer, each of whom shall be elected by the board of directors at a time and […]

Section 401:14 – Restated Articles of Incorporation.

    401:14 Restated Articles of Incorporation. – A copy of all restated articles of incorporation to the extent they are adopted shall be filed with the insurance department. Source. 1983, 15:10, eff. April 6, 1983.

Section 401:15 – Name.

    401:15 Name. – Corporations subject to regulation by the insurance commissioner shall not be subject to the requirements of RSA 293-A:4.01(a)(1) pertaining to the designation of the corporate status and the corporate name but shall be subject to all other provisions of RSA 293-A:4.01, except that any filings, including trade names, shall be subject […]

Section 401:16 – Name Reservation.

    401:16 Name Reservation. – I. The reservation of the name of an insurer, including trade names, shall be made by filing an application, executed by the applicant with the insurance commissioner to reserve a specified name, and by paying a fee as set by RSA 400-A:29. If the commissioner finds that the name is […]

Section 401:17 – Perpetual Existence; Presumption.

    401:17 Perpetual Existence; Presumption. – Unless otherwise expressly approved by the commissioner, all insurance companies or other insurers subject to this chapter shall have perpetual existence. Source. 1983, 15:10, eff. April 6, 1983.

Section 401:18 – Maximum Risk Retention.

    401:18 Maximum Risk Retention. – The maximum net amount of risk which may be retained by a property and liability company for an individual risk shall be no greater than 10 percent of the company’s capital and surplus. Source. 1990, 92:3, eff. June 9, 1990.

Section 401:2 – Incorporators.

    401:2 Incorporators. – For the formation of such a corporation there shall be not less than 10 incorporators, who shall be residents of this state. Source. 1917, 80:2. PL 272:2. RL 322:2.

Section 401:3 – Capital Stock.

    401:3 Capital Stock. – Such a corporation may have a capital stock or may do business on the mutual plan. No such mutual corporations shall be incorporated after the first of July, 1969, to transact any kinds of insurance business on the assessment plan requiring as a condition for granting insurance the signing of […]

Section 401:4 – Paid-up Capital.

    401:4 Paid-up Capital. – All stock companies organized under the provisions of this chapter shall have a paid-up capital of at least $800,000. Source. 1917, 80:4. PL 272:4. RL 322:4. 1947, 182:3. RSA 401:4. 1965, 51:1. 1969, 283:1, eff. June 25, 1969.

Section 401:5 – Combinations of Business.

    401:5 Combinations of Business. – Articles of agreement of such a stock or mutual company may provide for the transaction of any combinations of 2 or more kinds of insurance authorized by RSA 401:1 except that specified by paragraph III of said section which may only be combined with insurance specified in paragraph IV […]

Section 401:6 – Certification of Agreement.

    401:6 Certification of Agreement. – The articles of agreement shall be submitted to the insurance commissioner, who shall examine same. The commissioner shall not approve the articles of agreement of a company until he is satisfied, by such examination as he may make and such evidence as he may require, that: (1) the incorporators […]

Section 401:7 – Amendment of Charter or Articles of Incorporation.

    401:7 Amendment of Charter or Articles of Incorporation. – Any insurance company organized under the laws of the state, whether by special charter or under the general law, shall be entitled to amend its charter or articles of incorporation, so as to acquire the authority to do any or all kinds of insurance business […]

Section 401:8 – Certification of Amendments.

    401:8 Certification of Amendments. – All proposed amendments, duly certified to by the president and secretary of such company, shall be submitted to the commissioner for examination and endorsement of approval in the same manner as provided by this chapter as to the original articles of agreement. Copies of all documents required by this […]

Section 401:9 – Record.

    401:9 Record. – Such articles of amendment shall thereupon be recorded as provided in RSA 401:6, and shall then be deemed to be part of the charter or articles of the company. Source. 1917, 80:7. PL 272:9. RL 322:9.