A. An alien insurer may use New Mexico as a state of entry to transact insurance in the United States by making and maintaining in this state a deposit of assets in trust with a bank or trust company domiciled in this state and designated or approved by the state treasurer and the superintendent and by obtaining a certificate of authority to transact the business of insurance in this state in accordance with Chapter 59A, Article 5 NMSA 1978.
B. The deposit shall be in an amount not less than as required of an alien insurer under Section 59A-5-20 NMSA 1978 and shall consist of assets eligible for deposit under Subsection B of Section 59A-10-3 NMSA 1978.
C. Such a deposit may be referred to as "trusteed assets".
History: Laws 1984, ch. 127, § 171; 1991, ch. 125, § 9.
The 1991 amendment, effective April 3, 1991, added the language beginning "and the superintendent" at the end of Subsection A and rewrote Subsection B which read "The deposit together with other trust deposits of the insurer held in the United States for the same purpose shall be in amount not less than as required of an alien insurer under Section 87 of the Insurance Code and shall consist of assets eligible for deposit under Subsection B of Section 163 of this article."
Structure New Mexico Statutes
Article 10 - Administration of Deposits; Trusteed Assets of Alien Insurer
Section 59A-10-1 - Authorized deposits.
Section 59A-10-2 - Purpose of deposit.
Section 59A-10-3 - Securities eligible for deposit.
Section 59A-10-4 - State treasurer as depository.
Section 59A-10-5 - Depositories designated by treasurer.
Section 59A-10-6 - Excess deposits.
Section 59A-10-7 - Insurer's rights during solvency.
Section 59A-10-8 - Replenishment of deposit.
Section 59A-10-9 - Release of deposit.
Section 59A-10-10 - Special deposit bond in lieu, requirement of new bond.
Section 59A-10-11 - Trusteed assets of alien insurer.
Section 59A-10-12 - Purpose and duration.
Section 59A-10-13 - Trust agreement.
Section 59A-10-14 - Title; separation; accounting.
Section 59A-10-15 - Examination of assets.
Section 59A-10-16 - Withdrawal of assets.
Section 59A-10-17 - Substitution of trustee.