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

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

"Control" (including controlling,controlled by, and under common control with) means the possession, direct orindirect, of the power to direct or cause the direction of the management andpolicies of a person, whether through the ownership of voting securities, bycontract other than a commercial contract for goods or nonmanagement services,or otherwise, unless the power is the result of an official position with orcorporate 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 holdsproxies representing ten per cent or more of the voting securities of any otherperson.  This presumption may be rebutted by a showing made in the mannerprovided by section 431:11-105(k) that control does not in fact exist.

(2)  The commissioner may determine, after furnishingall persons in interest notice and opportunity to be heard and making specificfindings of fact to support the commissioner's determination, that controlexists in fact, notwithstanding the absence of a presumption to that effect.

"Executive officer" means chiefexecutive officer, chief operating officer, chief financial officer, treasurer,secretary, controller, or any other individual performing functionscorresponding to those performed by the foregoing officers under whatevertitle.

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

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

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

(2)  Fraternal benefit societies;

(3)  Nonprofit medical and hospital serviceassociations; or

(4)  Unauthorized insurers.

"Person" means an individual, acorporation, a partnership, an association, a joint stock company, a trust, anunincorporated organization, and any similar entity or any combination of theforegoing acting in concert, but shall not include any joint venturepartnership exclusively engaged in owning, managing, leasing, or developingreal or tangible personal property, or a securities broker performing only theusual and customary broker's function.

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

"Statement" means informationrequired 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 formatapproved by the commissioner.

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

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

"Voting security" shall include anysecurity 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]