New Hampshire Revised Statutes 400-A:36 – Annual Financial Statement
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I. Every insurance company doing business in this state shall, on or before March 1 each year, make and file or transmit to the commissioner a statement under oath of its president and secretary, in accordance with the National Association of Insurance Commissioners Annual Statement Blank following the National Association of Insurance Commissioners Annual Statement Instructions and those accounting procedures and practices prescribed by the National Association of Insurance Commissioners Accounting Practices and Procedure Manual or allowed as a permitted accounting practice as provided in the manual, showing the amount of its capital stock, assets, liabilities, outstanding risks, premium notes, receipts, expenditures, losses, assessments, salaries and emoluments, and any other information calculated to fully disclose the condition and method of management of the company for the year ending the preceding December 31, which statement shall include the whole amount of premiums written during the preceding year for insurance on property, or risks located or persons resident in this state.
II. The commissioner may extend the time for filing or transmitting such statement for cause shown for a period of not more than 60 days. Life insurance companies shall not be required to file or transmit that part of their annual statement known as the gain and loss exhibit until the succeeding May 1. An insurer intentionally failing to file or transmit its annual statement as required by paragraph I shall forfeit to the department $25 for each day of delinquency. The commissioner may refuse to continue, or may suspend or revoke, the certificate of authority of any insurer intentionally failing to file or transmit its annual statement when due. The insurer shall pay the fee for filing or transmitting its annual statement as prescribed by N.H. Rev. Stat. § 400-A:29 at the time of filing or transmitting or with the premium tax return, but no later than March 15th.
III. In addition to the above, the commissioner may require from any person or company subject to this title:
(a) Statements, reports, including reports audited by independent public accountants, answers to questionnaires and other information, and evidence thereof, in whatever reasonable form he designates, and at such reasonable intervals as he may choose, or from time to time;
(b) Full explanation of the programming of any data storage or communications systems in use; and
(c) That information from any books, records, electronic data processing systems, computers or any other information storage system be made available to him at any reasonable time and in any reasonable manner.
IV. The commissioner may prescribe forms for the reports under N.H. Rev. Stat. § 400-A:36, III. The forms shall be consistent, as far as practicable, with those prescribed by other states.
V. Any officer, manager or general agent of any insurer authorized to do or doing an insurance business in this state, and any person controlling or having a contract under which he has a right to control such an insurer, whether exclusively or otherwise, and any person with executive authority over or in charge of any segment of such an insurer’s affairs, and any insurance agent or other person licensed under the insurance code shall reply promptly in writing or in other designated form, to any written inquiry from the commissioner requesting a reply.
VI. The commissioner may require that any communication made to him under this section be verified.
VII.
Immunity. In the absence of actual malice, no communication required by the commissioner under this section shall subject the person making it to an action for damages for defamation.
VIII. The information obtained pursuant to N.H. Rev. Stat. § 400-A:36, III shall be privileged.
IX. Any director, officer, agent or employee of any insurer who subscribes to, makes or concurs in making or publishing, any annual or other statement required by law, having actual knowledge that the same contains any material statement which is false shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.
X. The commissioner may retain, without appropriation under N.H. Rev. Stat. Chapter 9 and without qualifying as a department expenditure under N.H. Rev. Stat. § 4:15, attorneys, independent actuaries, independent certified public accountants, or other professionals or specialists to review financial statements, the cost of which shall be borne by the company which is the subject of the financial analysis. The company shall pay the retained professional or specialists directly for their costs. The commissioner shall conduct oversight of such independent reviewers in a manner that is consistent with standards for the use of independent reviewers established by the National Association of Insurance Commissioners in its Financial Condition Examiners Handbook and Market Regulation Handbook and shall ensure that costs are reasonable for the work performed. The amount paid by the company under this paragraph in any fiscal year shall be applied as a nontransferable credit against and to the extent of the company’s administrative fee under N.H. Rev. Stat. § 400-A:39 in the subsequent fiscal year and not thereafter.
II. The commissioner may extend the time for filing or transmitting such statement for cause shown for a period of not more than 60 days. Life insurance companies shall not be required to file or transmit that part of their annual statement known as the gain and loss exhibit until the succeeding May 1. An insurer intentionally failing to file or transmit its annual statement as required by paragraph I shall forfeit to the department $25 for each day of delinquency. The commissioner may refuse to continue, or may suspend or revoke, the certificate of authority of any insurer intentionally failing to file or transmit its annual statement when due. The insurer shall pay the fee for filing or transmitting its annual statement as prescribed by N.H. Rev. Stat. § 400-A:29 at the time of filing or transmitting or with the premium tax return, but no later than March 15th.
Terms Used In New Hampshire Revised Statutes 400-A:36
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Contract: A legal written agreement that becomes binding when signed.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
- Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
- Oversight: Committee review of the activities of a Federal agency or program.
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
III. In addition to the above, the commissioner may require from any person or company subject to this title:
(a) Statements, reports, including reports audited by independent public accountants, answers to questionnaires and other information, and evidence thereof, in whatever reasonable form he designates, and at such reasonable intervals as he may choose, or from time to time;
(b) Full explanation of the programming of any data storage or communications systems in use; and
(c) That information from any books, records, electronic data processing systems, computers or any other information storage system be made available to him at any reasonable time and in any reasonable manner.
IV. The commissioner may prescribe forms for the reports under N.H. Rev. Stat. § 400-A:36, III. The forms shall be consistent, as far as practicable, with those prescribed by other states.
V. Any officer, manager or general agent of any insurer authorized to do or doing an insurance business in this state, and any person controlling or having a contract under which he has a right to control such an insurer, whether exclusively or otherwise, and any person with executive authority over or in charge of any segment of such an insurer’s affairs, and any insurance agent or other person licensed under the insurance code shall reply promptly in writing or in other designated form, to any written inquiry from the commissioner requesting a reply.
VI. The commissioner may require that any communication made to him under this section be verified.
VII.
Immunity. In the absence of actual malice, no communication required by the commissioner under this section shall subject the person making it to an action for damages for defamation.
VIII. The information obtained pursuant to N.H. Rev. Stat. § 400-A:36, III shall be privileged.
IX. Any director, officer, agent or employee of any insurer who subscribes to, makes or concurs in making or publishing, any annual or other statement required by law, having actual knowledge that the same contains any material statement which is false shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.
X. The commissioner may retain, without appropriation under N.H. Rev. Stat. Chapter 9 and without qualifying as a department expenditure under N.H. Rev. Stat. § 4:15, attorneys, independent actuaries, independent certified public accountants, or other professionals or specialists to review financial statements, the cost of which shall be borne by the company which is the subject of the financial analysis. The company shall pay the retained professional or specialists directly for their costs. The commissioner shall conduct oversight of such independent reviewers in a manner that is consistent with standards for the use of independent reviewers established by the National Association of Insurance Commissioners in its Financial Condition Examiners Handbook and Market Regulation Handbook and shall ensure that costs are reasonable for the work performed. The amount paid by the company under this paragraph in any fiscal year shall be applied as a nontransferable credit against and to the extent of the company’s administrative fee under N.H. Rev. Stat. § 400-A:39 in the subsequent fiscal year and not thereafter.