§431:5-202  Assets not allowed.  Inaddition to assets excluded under section 431:5-201, the following shall not beallowed as assets in any determination of the financial condition of aninsurer:

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

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

(3)  Prepaid or deferred charges for expenses andcommissions paid by the insurer except the unaccrued portion of taxes paidprior to due date, on real property acquired or used pursuant to section431:6-311;

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

(5)  Stock of the insurer, owned by it, or any equitytherein or loans secured thereby, or any proportionate interest in such stockthrough the ownership by the insurer of an interest in another firm, corporationor business unit;

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

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

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

(C)  Reasonably necessary for the maintenanceand operation of real estate lawfully acquired and held by the insurer otherthan real estate used by it for home office, branch office, and similarpurposes; and

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