§431:5-202  Assets not allowed.  In
addition to assets excluded under section 431:5-201, the following shall not be
allowed as assets in any determination of the financial condition of an
insurer:



(1)  Trade names, agency plants, other like intangible
assets, and any receivable without adequate documentation;



(2)  Positive goodwill from all sources in excess of
ten per cent of capital and surplus adjusted to exclude electronic data
processing equipment and operating system software and net deferred tax assets;



(3)  Prepaid or deferred charges for expenses and
commissions paid by the insurer except the unaccrued portion of taxes paid
prior to due date, on real property acquired or used pursuant to section
431:6-311;



(4)  Advances to officers, employees, agents, and
other persons on personal security only;



(5)  Stock of the insurer, owned by it, or any equity
therein or loans secured thereby, or any proportionate interest in such stock
through the ownership by the insurer of an interest in another firm, corporation
or business unit;



(6)  Furniture, furnishings, fixtures, electronic data
software, safes, vehicles, library, stationery, literature, and supplies;
except such personal property:



(A)  The insurer is permitted to hold pursuant
to section 431:6-311(e)(5);



(B)  Acquired through enforcement of rights
arising from security agreements acquired pursuant to section 431:6-310; or



(C)  Reasonably necessary for the maintenance
and operation of real estate lawfully acquired and held by the insurer other
than real estate used by it for home office, branch office, and similar
purposes; and



(7)  The amount, if any, by which the aggregate book
value of investments, as carried in the ledger assets of the insurer, exceeds
the aggregate value thereof as determined under this code. [L 1987, c 347, pt
of §2; am L 2004, c 122, §17]