2006 New Mexico Statutes - Section 59A-35-11 — Terms of permit; compliance.

59A-35-11. Terms of permit; compliance.

A.     Each such securities permit issued by the superintendent shall, or may, contain provisions, as applicable, as follows:   

(1)     it shall state the securities which are to be offered, the number and selling price thereof;   

(2)     it may require that the purchase price shall be payable in lawful money of the United States or in such other securities as may be specified by class or description in the permit;   

(3)     it may require that all securities offered shall be offered and sold at the same price to all parties, subject, at the option of the registrant, as to subscriptions to be paid in installments, to a reasonable additional charge to cover expense and loss of interest earnings attributable to such installment subscriptions;   

(4)     it shall limit the portion of funds received for the securities which may be used for organization, securities sales and promotion expenses to such amount as the superintendent deems reasonably adequate under the proposed plan of sale, but in no event to exceed fifteen percent of such funds when and as actually received;   

(5)     it may require the founders, promoters, incorporators, or other persons directly involved in the proposed insurer or offering to subscribe and pay for immediately and in cash, at the proposed public offering price, a reasonable proportion of the same securities, and to withhold resale, transfer, assignment, or encumbrance of securities so purchased for a reasonable period, as specified in the permit, after completion of the offering, except by an executor or administrator of the estate of a deceased purchaser;   

(6)     it may prohibit, limit or control the granting of options to buy the securities or any of them for such reasonable period as is specified in the permit;   

(7)     it may require impoundment of funds received on sale of the securities, after deduction therefrom of applicable organization and sales expense as allowed under the permit, until the offering is completed, or, as to a proposed new insurer, the insurer has qualified for and received a certificate of authority to transact insurance as proposed in the registration statement, or for other reasonable period;   

(8)     it may make reasonable requirements as to accounting, reports, deposits and other matters as the superintendent deems advisable for protection of existing or prospective investors or policyholders;   

(9)     it shall specify an expiration date of the permit. In the case of a proposed new domestic insurer, the expiration date shall be one (1) year from date of incorporation, subject to extension by the superintendent for an additional one year upon good cause shown;   

(10)     it may require filing of a surety bond in adequate principal sum as determined by the superintendent for protection of investors or other reasonable purposes as specified by the superintendent; and   

(11)     it may contain other reasonable provisions which the superintendent deems advisable.   

B.     The registrant and all associated or affiliated directors, officers, employees, agents, founders, promoters, incorporators, and representatives shall comply with the terms of the permit.