§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]