§431:11-102  Definitions.  As used in
this article, unless the context shall otherwise require:



"Affiliate" (including affiliate of,
or person affiliated with, a specific person) means a person that, directly or
indirectly through one or more intermediaries, controls or is controlled by, or
is under common control with, the person specified.



"Control" (including controlling,
controlled by, and under common control with) means the possession, direct or
indirect, of the power to direct or cause the direction of the management and
policies of a person, whether through the ownership of voting securities, by
contract other than a commercial contract for goods or nonmanagement services,
or otherwise, unless the power is the result of an official position with or
corporate office held by the person.



(1)  Control shall be presumed to exist if any person,
directly or indirectly, owns, controls, holds with the power to vote, or holds
proxies representing ten per cent or more of the voting securities of any other
person.  This presumption may be rebutted by a showing made in the manner
provided by section 431:11-105(k) that control does not in fact exist.



(2)  The commissioner may determine, after furnishing
all persons in interest notice and opportunity to be heard and making specific
findings of fact to support the commissioner's determination, that control
exists in fact, notwithstanding the absence of a presumption to that effect.



"Executive officer" means chief
executive officer, chief operating officer, chief financial officer, treasurer,
secretary, controller, or any other individual performing functions
corresponding to those performed by the foregoing officers under whatever
title.



"Insurance holding company system"
consists of two or more affiliated persons, one or more of which is an insurer.



"Insurer" shall have the same meaning
as set forth in article 1, except that it shall not include:



(1)  Agencies, authorities, or instrumentalities of
the United States, its possessions and territories, the Commonwealth of Puerto
Rico, the District of Columbia, or a state or political subdivision of a state;



(2)  Fraternal benefit societies;



(3)  Nonprofit medical and hospital service
associations; or



(4)  Unauthorized insurers.



"Person" means an individual, a
corporation, a partnership, an association, a joint stock company, a trust, an
unincorporated organization, and any similar entity or any combination of the
foregoing acting in concert, but shall not include any joint venture
partnership exclusively engaged in owning, managing, leasing, or developing
real or tangible personal property, or a securities broker performing only the
usual and customary broker's function.



"Security holder" of a specified
person means one who owns any security of the person, including common stock,
preferred stock, debt obligations, and any other security convertible into or
evidencing the right to acquire any of the foregoing.



"Statement" means information
required to be filed with the commissioner pursuant to sections 431:11-104,
431:11-105, and 431:11-106, and guidelines set forth on a form or in a format
approved by the commissioner.



"Subsidiary of a specified person"
means an affiliate controlled by the person directly or indirectly through one
or more intermediaries.



"Ultimate controlling person" means a
person who is not controlled by any other person.



"Voting security" shall include any
security convertible into or evidencing a right to acquire a voting security.
[L 1987, c 349, pt of §8; am L 1989, c 195, §37; am L 2000, c 24, §8]