[§431:4F-108]  Authority of commissioner.  Whenever
it appears to the commissioner from any annual statement, quarterly statement,
trusteed surplus statement, or any other report that a United States branch's
trusteed surplus is reduced below minimum capital and surplus or the authorized
control level risk-based capital, whichever is greater, required to be
maintained by a domestic insurer licensed to transact the same kinds of
insurance, the commissioner may proceed against the insurer pursuant to articles
5 and 15 as an insurer whose condition is such that its further transaction of
business in the United States will be hazardous to its policyholders, its
creditors, or the public in the United States. [L 2004, c 120, pt of §2]