N.H. Admin. Code § Ins 1501.20

Current through Register No. 50, December 12, 2024
Section Ins 1501.20 - Extraordinary Dividends and Other Distributions
(a) Requests for approval of extraordinary dividends or any other extraordinary distribution to shareholders shall include the following:
(1) The amount of the proposed dividend;
(2) The date established for payment of the dividend;
(3) A statement as to whether the dividend or distribution is to be in cash or other property and, if in property:
a. A description thereof;
b. Its cost; and
c. Its fair market value together with an explanation of the basis for valuation;
(4) A copy of the calculations determining that the proposed dividend is extraordinary. The work paper shall include the following information:
a. The amounts, dates and form of payment of all dividends or distributions, including regular dividends but excluding distributions of the insurer's own securities, paid within the period of 12 consecutive months ending on the date fixed for payment of the proposed dividend for which approval is sought and commencing on the day after the same day of the same month in the last preceding year;
b. Surplus as regards policyholders (total capital and surplus) as of the 31st day of December next preceding;
c. If the insurer is a life insurer, the net gain from operations for the 12 month period ending the 31st day of December next preceding;
d. If the insurer is not a life insurer, the net income less realized capital gains for the 12 month period ending the 31st day of December next preceding and the 2 preceding 12 month periods; and
e. If the insurer is not a life insurer, the dividends paid to stockholders excluding distributions of the insurer's own securities in the preceding 2 calendar years.
(5) A balance sheet and statement of income for the period intervening from the last annual statement filed with the commissioner and the end of the month preceding the month in which the request for dividend approval is submitted; and
(6) A brief statement as to the effect of the proposed dividend upon the insurer's surplus and the reasonableness of surplus in relation to the insurer's outstanding liabilities and the adequacy of surplus relative to the insurer's financial needs.
(b) Subject to RSA 401-B:5, V, each registered insurer shall report to the commissioner all dividend and other distributions to shareholders within 15 business days following the declaration thereof, including the same information required by Ins 1501.20(a)(4).

N.H. Admin. Code § Ins 1501.20

#10450, eff 1-1-14 (from Ins 1501.19 )

Amended from Number 32, Filed August 10, 2023, Proposed by #13692, Effective 7/21/2023, Expires 7/21/2033.