New Jersey Revised Statutes Title 17 - Corporations And Institutions For Finance And Insurance
- Section 17:1-1 - Department Of Banking And Insurance Reconstituted
17:1-1. The Department of Banking and Insurance, hereinafter in Title 17 of the Revised Statutes and Title 17B of the New Jersey Statutes designated...
- Section 17:1-1.1 - Short Title
This act shall be known as, and may be cited as, the "Department of Banking and Insurance Act of 1948." L.1948, c. 88, p....
- Section 17:1-1.2 - Effective Date
This act shall take effect on the first day of July, one thousand nine hundred and forty-eight, except that any appointment, and any confirmation...
- Section 17:1-2 - Commissioner Of Banking And Insurance, Appointment, Salary; Interests Prohibited To Commissioner, Officers, Employees
17:1-2. a. The head of the reconstituted department, to be denominated the Commissioner of Banking and Insurance and hereinafter in Title 17 of the...
- Section 17:1-3.1 - New Jersey Real Estate Commission
3. There shall be within the Department of Banking and Insurance a division which shall be known as the division of the New Jersey...
- Section 17:1-5 - Seal Of Office; Certificates Under Seal As Evidence
The seal of office of the commissioner, filed in the department of state, shall continue as the seal of such office. Every certificate, assignment,...
- Section 17:1-8 - Fees; Disposition
17:1-8. The commissioner shall charge for a license and for all services performed by the department the fees provided in Title 17 of the...
- Section 17:1-8.1 - Rules, Regulations
1. The commissioner may, in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), promulgate such rules and regulations as are necessary...
- Section 17:1-13 - Short Title
1. This act shall be known and may be cited as the "Department of Banking and Insurance Act of 1996." L.1996,c.45,s.1.
- Section 17:1-14 - Appointments Of Deputy, Assistant Commissioners, Organization; Divisions
4. a. The commissioner may appoint such deputy commissioners and assistant commissioners as the commissioner shall deem necessary, to serve at the pleasure of...
- Section 17:1-15 - Duties, Authority Of Commissioner.
6.The commissioner, as administrator and chief executive officer of the department, shall: a.Administer the work of the department; b.Appoint and remove officers and other...
- Section 17:1-16 - Examination Of Persons, Subpoena Of Witnesses, Documents
7. For the purpose of effectuating the powers and duties of the department and the commissioner, the commissioner may cause to be examined under...
- Section 17:1-17 - Transfer Of Appropriations, Moneys
9. All appropriations and other moneys available and to become available to any department, division, bureau, board, commission, or other entity or agency, the...
- Section 17:1-18 - Assignment, Transfer Of Employees
10. Employees of any department, division, bureau, board, commission or other agency or entity, the functions, powers and duties of which have been assigned...
- Section 17:1-19 - Tenure, Rights Preserved
11. Nothing in this 1996 amendatory and supplementary act shall be construed to deprive any person of any tenure rights or of any right...
- Section 17:1-20 - Transfer Of Property
12. All files, books, papers, records, information management systems, equipment and other property of any department, division, bureau, commission, board, or other agency or...
- Section 17:1-21 - References To Department, Commissioner
13. With respect to the functions, powers and duties continued in the Department of Banking and Insurance by this 1996 amendatory and supplementary act,...
- Section 17:1-22 - Existing Orders, Rules, Regulations Not Affected
14. This 1996 amendatory and supplementary act shall not affect the orders, rules, regulations, bulletins, plans of operation, contracts, settlement or consent agreements, or...
- Section 17:1-23 - Actions, Proceedings Not Affected
15. This 1996 amendatory and supplementary act shall not affect actions or proceedings, civil or criminal, brought by or against the Commissioners of Banking...
- Section 17:1-25 - Findings, Declarations Relative To Enforcement Powers Of Department Of Banking And Insurance.
1.The Legislature finds and declares that: a.Financial institutions increasingly influence and affect the lives and livelihood of consumers in this State to such a...
- Section 17:1-26 - Definitions Relative To Enforcement Powers Of Department Of Banking And Insurance.
2.As used in this act, and except as otherwise expressly provided in this act: "Bank" means a bank as defined in subsection (1) of...
- Section 17:1-27 - Prohibited Actions.
3.No bank, savings bank, State association, or any officer, director, employee, or major shareholder thereof, shall: a.Fail to comply with an order or other...
- Section 17:1-28 - Enforcement Of, Penalties For Violations Under C.17:1-27.
4. a. In addition to any other penalty provided by law, if the commissioner determines that a bank, savings bank, State association, or any...
- Section 17:1c-6.1 - Training Program For Volunteers
4. The Department of Insurance, in conjunction with the Division on Aging, shall develop a training program for volunteers in the Senior Health Insurance...
- Section 17:1c-19 - Findings, Declarations Relative To The Department's Expenses
1. a. The Legislature finds and declares that: (1) The Department of Insurance has a statutory obligation to protect the interests of New Jersey's...
- Section 17:1c-20 - Certification Of Expenses Incurred, Apportionment
2. a. The Director of the Division of Budget and Accounting in the Department of the Treasury shall, on or before August 15 in...
- Section 17:1c-20.1 - Distribution Of Special Purpose Apportionment
2. Notwithstanding the provisions of any law to the contrary, the Commissioner of Banking and Insurance shall take that action necessary to ensure that...
- Section 17:1c-21 - Filing Of Objections To Apportionment
3. Within 15 days after the date of mailing a statement of special purpose apportionment as provided in this act, a company may file...
- Section 17:1c-22 - Commissioner's Findings, Notice
4. If upon receiving the objections, or after the hearing, the commissioner finds any part of the special purpose apportionment against the objecting company...
- Section 17:1c-23 - Notice Of Delinquency
5. If a statement of special purpose apportionment against which objections are filed is not paid in full within 30 days after the date...
- Section 17:1c-24 - Action For Recovery
6. No action for recovery of an amount paid under this act shall be maintained in any court unless objections have been filed with...
- Section 17:1c-25 - No Action, Proceeding Maintained In Court For Delaying Collection, Payment
7. No action or proceeding shall be maintained in any court for the purpose of restraining or delaying the collection or payment of a...
- Section 17:1c-26 - Procedure Exclusive
8. The procedure provided in this act for determining the lawfulness of statements of special purpose apportionment and the recovery of payments made pursuant...
- Section 17:1c-27 - Failure, Refusal To Pay, Notice To Treasurer
9. If any company to which a statement of special purpose apportionment as provided in this act has been mailed fails or refuses to...
- Section 17:1c-28 - Collection Of Amount Due
10. Within 10 days after receipt of the notice and certified copy of the statement of special purpose apportionment, the State Treasurer shall proceed...
- Section 17:1c-29 - Additional Remedy
11. As an additional remedy, the State Treasurer may issue a certificate to the Clerk of the Superior Court, that a company is indebted...
- Section 17:1c-30 - Exemption From Fees, Charges
12. a. Notwithstanding any law or regulation to the contrary, a company paying the amounts apportioned to it in statements of special purpose apportionment...
- Section 17:1c-31 - Permitted Increase In Amount Assessable.
13.Commencing with fiscal year 1999 and in each fiscal year thereafter, the total amount assessable to companies in any fiscal year for all special...
- Section 17:1c-32 - Rules, Regulations
14. The State Treasurer and the Commissioner of Insurance may adopt rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et...
- Section 17:1c-33 - Findings, Declarations Relative To Funding Mechanism For Division Of Banking.
1. a. The Legislature finds and declares that: (1)The Division of Banking has a statutory obligation to protect the interests of New Jersey's consumers...
- Section 17:1c-34 - Definitions Relative To Funding Mechanism For Division Of Banking.
2.For the purposes of this act: "Assessment" means the assessment imposed pursuant to section 3 of this act for the special functions of the...
- Section 17:1c-35 - Certification Of Expenses Incurred For Administration Of Special Administration Of Functions Of Division Of Banking; Assessments.
3. a. The Director of the Division of Budget and Accounting in the Department of the Treasury shall, on or before August 15 in...
- Section 17:1c-36 - Objections To Assessment, Hearing.
4.Within 15 days after the date of mailing a statement of the assessment as provided in this act, a regulated entity may file its...
- Section 17:1c-37 - Transmission Of Findings To Objector.
5.If upon receiving the objections, or after the hearing, the commissioner finds any part of the assessment against the objecting regulated entity excessive, erroneous,...
- Section 17:1c-38 - Notice Of Delinquency, Collection.
6.If a statement of the assessment against which objections are filed is not paid in full within 30 days after the date of mailing...
- Section 17:1c-39 - Action For Recovery.
7.No action for recovery of an amount paid under this act shall be maintained in any court unless objections have been filed with the...
- Section 17:1c-40 - Action, Proceeding.
8.No action or proceeding shall be maintained in any court for the purpose of restraining or delaying the collection or payment of a statement...
- Section 17:1c-41 - Exclusive Procedure Under Act.
9.The procedure provided in this act for determining the lawfulness of statements of the assessment and the recovery of payments made pursuant to those...
- Section 17:1c-42 - Failure, Refusal To Pay, Notice To Treasurer.
10. If any regulated entity to which a statement of the assessment as provided in this act has been mailed fails or refuses to...
- Section 17:1c-43 - Procedure For Collection.
11. Within 10 days after receipt of the notice and certified copy of the statement of the assessment, the State Treasurer shall proceed to...
- Section 17:1c-44 - Additional Remedies.
12. As an additional remedy, the State Treasurer may issue a certificate to the Clerk of the Superior Court, that a regulated entity is...
- Section 17:1c-45 - Exemption From Certain Fees And Charges; Remittance.
13. a. Notwithstanding any law or regulation to the contrary, a regulated entity paying the amounts assessed to it in statements of the assessment...
- Section 17:1c-46 - Rules, Regulations; Contents.
14. a. The State Treasurer and the commissioner may adopt rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.),...
- Section 17:1c-47 - Total Amount Assessable.
15. a. The total amount assessable to regulated entities in any fiscal year for the assessment established by this act shall not exceed the...
- Section 17:1c-48 - Liability For Errors, Penalties; Third Degree Crime.
16. a. A depository institution that submits figures on assets, deposits or any other factor used by the department to compute the depository institution's...
- Section 17:1d-1 - Office For E-hit.
8. a. There is established in the Department of Banking and Insurance the Office for the Development, Implementation, and Deployment of Electronic Health Information...
- Section 17:1d-2 - Funding Of Commission Budget.
9.The Department of Banking and Insurance shall fund the approved budget of the commission established pursuant to section 6 of P.L.2007, c.330 (C.26:1A-137) from...
- Section 17:1d-3 - Rules, Regulations.
10.The Office for e-HIT in the Department of Banking and Insurance, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt...
- Section 17:2-1 - Bonds Secured By Mortgage On Leaseholds Of Camp Meeting Associations--limitations
All savings and loan associations, building and loan associations, title and mortgage guaranty companies and insurance companies may invest funds in bonds, secured by...
- Section 17:2-2 - Bonds Issued By Commission Appointed By Supreme Court
Any insurance company, surety, trust and safe deposit company, incorporated under any law of this State, may invest moneys belonging to or deposited with...
- Section 17:2-4 - Bonds Of Home Owners' Loan Corporation
Any savings bank, banking institution, trust company, insurance company or building and loan association, organized under the laws of this state and mutual savings...
- Section 17:2-5 - Loans And Advances Eligible For Insurance By Federal Housing Administrator
Savings banks, banks, banking institutions, trust companies, personal finance companies, mortgage companies, installment lending companies, and other such financial institutions organized under any general...
- Section 17:2-6 - General Powers
Savings banks, banks, banking institutions, trust companies, building and loan associations, savings and loan associations, mortgage companies and insurance companies organized under any general...
- Section 17:2-6.1 - Insured Mortgages And Bonds And Obligations Of National Mortgage Associations
Wherever, by statute of this State, collateral is required as security for the deposit of public or other funds; or deposits are required to...
- Section 17:2-7 - Laws Governing Interest Rates Inapplicable
No law of this state prescribing or limiting interest rates upon loans, discounts or advances of credit or upon obligations representing loans and advances...
- Section 17:2-8 - Other Laws Governing Loans Inapplicable; Exceptions
No law of this state prescribing the nature, amount or form of security or requiring security upon which loans or investments may be made...
- Section 17:2-9 - Bonds, Debentures Or Other Obligations Of Federal Home Loan Bank
Any savings bank, bank, trust company or insurance company, organized under the laws of this State, may invest in the bonds, debentures or other...
- Section 17:2-9.2 - Veterans, Loans To
Any savings bank, banking institution or trust company organized under the laws of this State, notwithstanding any law of this State prescribing the nature,...
- Section 17:2-9.3 - Legal Investments In International Banks
1. The following may, in addition to other investments allowed by law, properly and legally invest any funds, including capital, belonging to them or...
- Section 17:2-9.4 - Trust Fund, Application To
The provisions of this act shall not apply to any trust fund where the deed of trust, or will, or any court having jurisdiction...
- Section 17:2-10 - Development And Other Bonds Of Foreign Governments Or Obligations Of International Development Banks
In addition to investments in obligations of foreign governments permitted by Title 17 of the Revised Statutes or by regulation of the Commissioner of...
- Section 17:2a-1 - Definitions
For the purposes of this act: (a) "Mortgage loan" means: (1) A loan made by a financial institution, secured by a mortgage constituting a...
- Section 17:2a-2 - Emergency Rules And Regulations; Adopted By Commissioner
The Commissioner of Banking and Insurance may adopt rules and regulations affecting financial institutions which hold, make or purchase mortgage loans within a disaster...
- Section 17:2a-3 - Basis For Rules; Rates And Interest Charges; Property Not Affected By Disaster
In the adoption, implementation and administration of such emergency rules and regulations, the commissioner shall consider the interest of disaster victims, the welfare of...
- Section 17:2a-4 - Exercise Of Emergency Powers; Declaration By Commissioner; Operative Period Of Rules And Regulations
Whenever a disaster area is so proclaimed, the Commissioner of Banking and Insurance shall review promptly conditions in the area in order to determine...
- Section 17:2a-5 - Extension Of Termination Date
The commissioner may, upon publication and filing of his finding that emergency conditions concerning mortgage loans still prevail in a disaster area, extend for...
- Section 17:3-1 - Extension Of Time Of Payment
When there comes into the custody and control of a receiver appointed by a court of competent jurisdiction, or under authority of a statute...
- Section 17:3-2 - Home Owners' Loan Corporation Bonds; Acceptance By Receiver In Payment Of Mortgages
When there shall come into the custody and control of a receiver or liquidator appointed by a court of competent jurisdiction or under authority...
- Section 17:3-3 - Definitions And Construction
The words "receiver," "liquidator" and "official," as used in this section and section 17:3-2 of this Title, include any person or group of persons,...
- Section 17:3a-1 - Definitions
As used in this act: (a) "Corporation" shall mean a corporation organized pursuant to any law of this State, over which the Commissioner of...
- Section 17:3a-2 - Application During Liquidation For Order To Destroy Records, Etc.; Notice Of Application; Publication; Order For Destruction
At any time during the liquidation of a corporation, the liquidator may apply to the Superior Court for an order authorizing the destruction of...
- Section 17:3a-3a - Application After Liquidation For Order To Destroy Records, Etc.; Notice Of Application; Publication; Order For Destruction
At any time after liquidation of the corporation has been completed and final distribution made, the liquidator may apply to the Superior Court for...
- Section 17:3a-3b - Destruction Of Records After Five Years From Liquidation Date Without Leave Of Court; Notice
At any time after the expiration of five years from the date on which the liquidation of a corporation shall have been completed and...
- Section 17:3a-4 - Liquidator Not Accountable For Authorized Destruction
No liquidator shall be held accountable for any act of destruction authorized in the manner provided by this act. L.1948, c. 266, p. 1158,...
- Section 17:3a-5 - Corporations Affected By Act
The provisions of this act shall apply to all corporations heretofore liquidated; to all corporations in process of liquidation on the effective date of...
- Section 17:3a-6 - Presumption As To Prior Law
No presumption shall be drawn from the enactment of this act that, prior to its passage, liquidators were without power or authority to destroy...
- Section 17:3a-7 - Effective Date
This act shall take effect September sixteenth, one thousand nine hundred and forty-eight. L.1948, c. 266, p. 1158, s. 7.
- Section 17:3b-1 - Truth In Lending; Inconsistent State Provisions
To the extent that the provisions of any of the following cited New Jersey laws are inconsistent with respect to disclosure, advertising, terminology, type...
- Section 17:3b-2 - Violation Of Truth In Lending Act And State Law; Civil Actions
When under any law of this State, a civil action is expressly provided for any act or failure to act which constitutes a violation...
- Section 17:3b-3 - Rules And Regulations
The Commissioner of Banking and Insurance may promulgate appropriate rules and regulations to effectuate the purposes of this act. L.1969, c. 112, s. 3.
- Section 17:3b-4 - Short Title
This act shall be known and may be cited as the "Market Rate Consumer Loan Act." L. 1985, c. 81, s. 1, eff. March...
- Section 17:3b-5 - Definitions
Definitions. As used in this act: a. "Borrower" means a natural person or persons obtaining credit for personal, family or household purposes. b. "Closed...
- Section 17:3b-6 - Extension Of Credit Under Revolving Credit Plan
Extension of credit under revolving credit plan. Any lender offering and extending credit under a revolving credit plan to a borrower may charge and...
- Section 17:3b-7 - Interest
Interest. Notwithstanding the provisions of R.S. 31:1-1, a lender may, subject to the criminal usury provisions of N.J.S. 2C:21-19, charge and collect interest under...
- Section 17:3b-8 - Periodic Percentage Rates
5. Periodic percentage rates. If the agreement governing the revolving credit plan provides that the periodic percentage rates of interest under the plan may...
- Section 17:3b-9 - Purchases And Loans--differing Terms
Purchases and loans--differing terms. A lender may, if the agreement governing a revolving credit plan so provides, impose different terms, including, without limitation, the...
- Section 17:3b-10 - Overdraft Accounts
Overdraft accounts. If credit under a revolving credit plan is offered and extended in connection with a demand deposit account or other account maintained...
- Section 17:3b-11 - Omitted Installments
Omitted installments. A lender may at any time extend to a borrower under a revolving credit plan the option of omitting monthly installments. L....
- Section 17:3b-12 - Loans Under A Revolving Credit Plan
9. Loans under a revolving credit plan. If the agreement governing the revolving credit plan so provides, a lender may: a. Take personal or...
- Section 17:3b-13 - Revolving Credit Plan Prohibitions
10. Revolving credit plan prohibitions. No revolving credit plan agreement shall contain: a. An acceleration clause under which any part or all of the...
- Section 17:3b-14 - Collection Costs
Collection costs. Upon the filing of an action for the collection of an amount in default under the terms of the revolving credit plan,...
- Section 17:3b-15 - Changes In Terms
12. Changes in terms. a. A lender may, if the agreement governing a revolving credit plan so provides, at any time amend the terms...
- Section 17:3b-16 - Extension Of Closed End Credit
Extension of closed end credit. A lender may, subject to the provisions of this act, offer and extend closed end credit in amounts, at...
- Section 17:3b-17 - Interest
Interest. Notwithstanding the provisions of R.S. 31:1-1, a lender extending closed end credit may, subject to the criminal usury provisions of N.J.S. 2C:21-19, charge...
- Section 17:3b-18 - Periodic Percentage Rates
15. Periodic percentage rates. The periodic percentage rates of interest charged and collected with respect to a loan under a closed end credit agreement...
- Section 17:3b-19 - Additional Charges.
16.Additional charges. If the closed end loan agreement so provides, a lender may: a. Charge and collect the actual costs of filing or recording...
- Section 17:3b-20 - Deferred Installments
Deferred installments. A lender under a closed end credit agreement may, at any time, permit a borrower to defer installment payments on a loan...
- Section 17:3b-21 - Insurance
18. Insurance. A lender under a closed or open end credit agreement may: a. Subject to the terms of the loan agreement, require any...
- Section 17:3b-22 - Prepayment In A Closed End Credit Arrangement
Prepayment in a closed end credit arrangement a. An individual borrower may prepay a loan in full at any time without payment of any...
- Section 17:3b-23 - Closed End Loan Prohibitions
Closed end loan prohibitions. No closed end loan agreement shall contain: a. An acceleration clause under which any part or all of the balance,...
- Section 17:3b-24 - Collection Costs In A Closed End Credit Arrangement
Collection costs in a closed end credit arrangement. Upon the filing of an action for the collection of an amount in default under the...
- Section 17:3b-25 - Applicable Federal Law
Applicable federal law. Revolving credit plans or closed end credit agreements shall be subject to the federal truth in lending provisions of the "Consumer...
- Section 17:3b-26 - Administrative Regulations
Administrative regulations. The Commissioner of Banking may promulgate regulations to implement the provisions of this act. L. 1985, c. 81, s. 23, eff. March...
- Section 17:3b-27 - Nonexclusivity
Nonexclusivity. The provisions of this act are not exclusive and the lender may at its option elect to extend credit either pursuant to this...
- Section 17:3b-29 - Findings, Declarations Relative To Bank Revolving Credit Plans
1. a. The Legislature finds and declares that: (1) Interest that can be charged by issuers of bank credit cards may depend on the...
- Section 17:3b-30 - Definitions Relative To Bank Revolving Credit Plans
2. As used in this act: "Bank" means any state or federally charted bank, savings bank or savings and loan association. "Borrower" means any...
- Section 17:3b-31 - Bank Permitted To Offer Credit Under Revolving Credit Plan
3. A bank may, subject to any limitations on lending authority contained in its charter or otherwise imposed by law, and subject to other...
- Section 17:3b-32 - Bank Permitted To Charge, Collect Periodic Interest Under Revolving Credit Plan
4. A bank may charge and collect periodic interest under a revolving credit plan on outstanding unpaid indebtedness in the borrower's account under the...
- Section 17:3b-33 - Periodic Percentage Rate, Rates Of Interest May Vary
5. If the agreement governing the revolving credit plan so provides, the periodic percentage rate or rates of interest under the plan may vary...
- Section 17:3b-34 - Additional Interest, Charges Permitted
6. In addition to or in lieu of interest at a periodic rate or rates as provided pursuant to sections 4 and 5 of...
- Section 17:3b-35 - Imposition Of Different Terms
7. A bank may, if the agreement governing a revolving credit plan so provides, impose different terms, including without limitation, the terms governing the...
- Section 17:3b-36 - Customary Checking Charges May Be Imposed
8. If credit under a revolving credit plan is offered and extended in connection with a demand deposit account or other transaction account maintained...
- Section 17:3b-37 - Omission Of Monthly Installments
9. A bank may at any time and from time to time unilaterally extend to a borrower under a revolving credit plan the option...
- Section 17:3b-38 - Insurance For Borrower Requested, Required
10. a. A bank may request but not require an individual borrower to be insured with respect to a revolving credit plan under a...
- Section 17:3b-39 - Imposition Of Late, Delinquency Charge
11. If the agreement governing a revolving credit plan so provides, a bank may impose, as interest, a late or delinquency charge upon any...
- Section 17:3b-40 - Default By Borrower, Attorney's, Collection Agency's Fee
12. If a borrower defaults under the terms of a plan and the bank refers the borrower's account for collection to an attorney or...
- Section 17:3b-41 - Terms Of Agreement, Amendment
13. a. A bank may, if the agreement governing a revolving credit plan so provides, at any time, or from time to time, amend...
- Section 17:3b-42 - Other Laws Not Applicable; Exceptions
14. Any other law of this State limiting the rate or amount of interest, discount, points, finance charges, service charges or other charges which...
- Section 17:3b-43 - Nonexclusivity Of Act
15. The provisions of this act are not exclusive and a bank may extend credit either pursuant to this act or as otherwise provided...
- Section 17:3b-44 - Charges Considered Interest
16. Notwithstanding the characterization of certain charges in the act as interest, all charges permitted by this act which may be deemed interest by...
- Section 17:3b-45 - Laws Of State Govern Revolving Credit Plan, Conditions
17. A revolving credit plan between a bank and an individual borrower shall be governed by the laws of this State if the plan...
- Section 17:3b-46 - Provisions Of Act May Apply To Any Revolving Credit Plans
18. a. A bank may apply the provisions of this act to any of its revolving credit plans. b. A bank may apply this...
- Section 17:3c-1 - Prohibition; Exceptions
No banking institution, as said term is defined in section 1 of the Banking Act of 1948 (C. 17:9A-1), bank holding company, savings and...
- Section 17:4-9.1 - "Successor Company" Includes "Successor Bank, Savings Bank"; "Predecessor Company" Includes "Liquidating Company" Or "Predecessor Savings Bank."
1.For purposes of this section, the term "successor company" includes "successor bank" or "successor savings bank"; and the term "predecessor company" includes "liquidating company"...
- Section 17:6-53.1 - Veterans' Loans As Legal Investments
Every savings bank, including any savings bank organized under a special charter as a stock company previous to March eighth, one thousand eight hundred...
- Section 17:6-53.2 - Mortgages Securing Veterans' Loans Not Subject To S. S. 17:6-55, 17:6-59
In case a mortgage on real or personal property is taken as security for any such loan, it shall not be subject to the...
- Section 17:6-59.1 - Legality Of Investments; Sale Of Exchanged Securities
a. The board of managers, in determining whether any bond, debenture, other security or investment meets the requirements as to the legality of investment...
- Section 17:9-9 - Depositories For Public Moneys; Designation; Effect Upon Officers Liability
Any administrative board, commission, department, public official, sinking fund commission, district or other public agency of the state or of any political subdivision thereof,...
- Section 17:9-41 - Definitions.
1.In this act, unless the context otherwise requires: "Adequately capitalized" means, with respect to a public depository, "adequately capitalized" as the term is defined...
- Section 17:9-42 - Security Requirement For Public Depositories.
2.The receipt and holding of public funds on deposit by a public depository is a voluntary activity undertaken by that depository. However, no governmental...
- Section 17:9-43 - Powers Of Commissioner.
3.The commissioner shall have power: a.To require any public depository to furnish financial information on a quarterly basis, due on the same day as...
- Section 17:9-43.1 - Eligible Collateral Requirement For Certain Public Funds.
3. a. (1) Except as set forth in subsection b. of this section concerning extraordinary amounts of public funds on deposit, every public depository...
- Section 17:9-43.2 - Designation Of Nonprofit Organization As Recipient Of Funds.
5. a. Within six months of the effective date of this section, the Department of Education, in consultation with the Department of Banking and...
- Section 17:9-44 - Amount Of Collateral Required As Security; Exceptions.
4. a. (1) No public depository, notwithstanding the collateral requirements set forth under section 3 of P.L.2009, c.326 (C.17:9-43.1), shall be required to maintain...
- Section 17:9-45 - Proceedings After Determination Of Default; Pro Rata Distribution Of Collateral; Assessment Of Other Public Depositories For Deficiency.
5.When the commissioner determines that an event of default has occurred, he shall proceed in the following manner: a.Within 20 days after the occurrence...
- Section 17:9-46 - Distribution Of Proceeds Of Liquidation Of Defaulting Depository
Upon payment to a governmental unit, the commissioner shall be subrogated to all of such governmental unit's right, title and interest against the defaulting...
- Section 17:9-47 - Operative Date.
7.The provisions of this act shall become operative on December 1, 1970, but the commissioner may issue appropriate regulations in advance thereof. The provisions...
- Section 17:9-48 - Short Title
This act shall be known and may be cited as the "Governmental Unit Deposit Protection Act." L.1970, c. 236, s. 8, eff. Oct. 27,
- Section 17:9a-1 - Definitions
1.As used in this act, and except as otherwise expressly provided in this act: (1) "Bank" shall include the following: (a) Every corporation heretofore...
- Section 17:9a-2 - Application Of Act.
2.Application of act. A.No corporation, other than a national banking association, shall hereafter be organized to transact the business of a bank or savings...
- Section 17:9a-2.1 - Authority Of Commissioner Relative To Out-of-state Supervisor
27. The commissioner is authorized to enter into contracts with bank supervisors of other states for the purpose of establishing effective and efficient supervisory...
- Section 17:9a-3 - Incorporation; Certificate Of Incorporation; Officers, Directors And Employees As Incorporators
Incorporation; certificate of incorporation; officers, directors and employees as incorporators. A. Seven or more persons, of full age, may incorporate a bank on the...
- Section 17:9a-4 - Capital Stock And Surplus
A. The capital stock of every bank hereafter organized shall amount to not less than: (1) $100,000.00, if the population of the municipality wherein...
- Section 17:9a-5 - Reserve For Organization Expense
Every bank shall, on its organization, establish a fund at least equal to 5% of its capital stock as a reserve fund for organization...
- Section 17:9a-6 - Capital Stock; Par Value And Classes
A. Except as otherwise provided in this section the par value of the shares of the capital stock issued by any bank shall be...
- Section 17:9a-6.1 - Authorized But Unissued Stock Provided For
A bank may, in its original or amended certificate of incorporation make provision for authorized but unissued stock. Such stock may, with the approval...
- Section 17:9a-6.2 - Certificate Of Amendment, Procedure, Filing
2.Prior to the time when authorized or unissued shares are issued by a bank, a certificate of amendment made by two officers of the...
- Section 17:9a-6.3 - Consideration For Issue; Preemptive Rights
Authorized but unissued stock may be issued pursuant to this act for cash or for consideration other than cash, and may be issued without...
- Section 17:9a-7 - Incorporation Of Savings Bank
Nine or more persons, of full age, may incorporate a savings bank on the terms and provisions prescribed by this act. Such persons shall...
- Section 17:9a-8 - Capital Deposits; Payment
Capital deposits; payment. A. The capital deposits in every savings bank hereafter organized shall amount to not less than: (1) $100,000.00, if the population...
- Section 17:9a-8.1 - Definitions
For the purposes of this act: a. "Capital stock savings bank" means a savings bank organized or converted pursuant to this act; b. "Commissioner"...
- Section 17:9a-8.2 - Capital Stock Savings Bank Incorporation
Nine or more persons, over the age of 18 years, may incorporate a capital stock savings bank in this State on the terms and...
- Section 17:9a-8.3 - Capital Stock; Reserve Fund; Surplus
The capital stock for every capital stock savings bank hereafter organized shall be the amount required for banks pursuant to the provisions of section...
- Section 17:9a-8.4 - Application For Charter; Provisions Governing
Application for a charter, a hearing thereon, and approval by the commissioner shall be governed by the provisions of Article 4 of P.L.1948, c....
- Section 17:9a-8.5 - Provision For Authorized But Unissued Stock
5. a. A capital stock savings bank may, in its original or amended certificate of incorporation, make provision for authorized but unissued stock. This...
- Section 17:9a-8.6 - Certificate Of Incorporation; Amendments; Provisions Governing
Amendments to the certificate of incorporation of a capital stock savings bank shall be effected pursuant to the provisions of Article 19 of P.L.1948,...
- Section 17:9a-8.7 - Bylaws; Powers Of Stockholders; Provisions Governing
The stockholders of a capital stock savings bank shall have the power to make, alter and repeal bylaws pursuant to the provisions of Article...
- Section 17:9a-8.8 - Annual Meetings; Voting Rights And Liability Of Stockholders; Books And Records; Provisions Governing
The annual meetings, voting rights of stockholders, liability of stockholders, and the maintenance of a capital stock savings bank's books and records shall be...
- Section 17:9a-8.9 - Dividends; Law Applicable
A capital stock savings bank may declare dividends on its capital stock pursuant to the provisions of section 52 of P.L.1948, c. 67 (C....
- Section 17:9a-8.10 - Stock Options; Law Applicable
A capital stock savings bank shall have the authority to grant stock options to officers and employees pursuant to the provisions of P.L.1964, c....
- Section 17:9a-8.11 - Mergers With Savings Banks; Provisions Governing
A capital stock savings bank may merge with another savings bank, whether mutual or capital stock, pursuant to the provisions of Article 21 of...
- Section 17:9a-8.12 - Savings Bank Laws Control
12. All other powers, rights, and privileges not expressly provided for in this act shall be governed by the laws of this State relating...
- Section 17:9a-8.13 - Savings Bank; Conversion Into Capital Stock Savings Bank
a. A savings bank which is organized pursuant to the provisions of P.L.1948, c. 67 (C. 17:9A-1 et seq.) may convert itself into a...
- Section 17:9a-8.14 - Plan Of Conversion
The conversion of a savings bank into a capital stock savings bank shall be effected in accordance with the plan of conversion adopted by...
- Section 17:9a-8.15 - Capital Structure; Converted Bank
After conversion pursuant to the provisions of this act, each capital stock savings bank shall maintain an adequate capital structure appropriate for the conduct...
- Section 17:9a-8.16 - Federal Savings Bank; Conversion
No savings bank or capital stock savings bank shall convert to a federal savings bank without the approval of the commissioner. The commissioner shall...
- Section 17:9a-8.17 - Rules And Regulations
The commissioner may promulgate rules and regulations necessary to effectuate the purposes of this act. L.1982, c. 9, s. 17, eff. March 4, 1982.
- Section 17:9a-9 - Application For Charter
A. The certificate of incorporation of every bank and savings bank shall be submitted to the commissioner within 60 days after its execution, together...
- Section 17:9a-10 - Hearing On Application For Charter; Notice And Publication
If the commissioner shall find that the certificate of incorporation and the affidavit specified in section 9 comply with the requirements of this act,...
- Section 17:9a-11 - Hearing On Application For Charter; Approval
A. At the time and place designated for the hearing, the incorporators shall file proof with the commissioner that the publication and mailing of...
- Section 17:9a-12 - Filing Of Certificate Of Incorporation; Amendment Prior To Payment Of Capital Stock Or Capital Deposits
A. If the application shall be approved by the commissioner, he shall endorse upon or annex to the certificate of incorporation a certificate of...
- Section 17:9a-13 - Beginning Of Corporate Existence; Certificate Of Incorporation As Evidence
A. Upon the filing of the certificate of incorporation as specified in section 12, the subscribers to the certificate, their successors and assigns, shall...
- Section 17:9a-14 - Certificate Of Authority
A. When the bank or savings bank shall have proved to the satisfaction of the commissioner, by affidavit of two of its officers, and...
- Section 17:9a-15 - Review Of Refusal To Issue Certificate Of Authority
The commissioner shall, within 30 days after the filing of the affidavit specified in section 14, issue the said certificate of authority, or notify...
- Section 17:9a-16 - Organization Of A Bank Or Savings Bank At Location Occupied By A Bank Or Savings Bank In Process Of Or In Contemplation Of Liquidation
A. As used in this section: (1) "successor bank" means a bank organized to transact business at one or more of the locations occupied...
- Section 17:9a-17 - Dissolution Of Bank Or Savings Bank On Failure To Obtain Certificate Of Authority, Or To Commence Business
A. If a bank or savings bank shall (1) fail to obtain a certificate of authority within 6 months from the date of the...
- Section 17:9a-17.1 - Definitions
1. As used in this act: "Corporation" means either a capital stock savings bank or a bank, as the case may be. "Federal Deposit...
- Section 17:9a-17.2 - Conversion Of Capital Stock Savings Bank, Bank; Proceedings
2. A capital stock savings bank may apply to the commissioner to convert itself to a bank by organizing and transferring its assets and...
- Section 17:9a-17.3 - Contents Of Application
3. An application by a State bank or capital stock savings bank to convert its charter pursuant to this act shall contain the following:...
- Section 17:9a-17.4 - Requirements For Conversion Approval
4. The commissioner shall not approve the application of a State bank or capital stock savings bank to convert pursuant to this act unless...
- Section 17:9a-17.5 - Other Conditions For Conversions Under Mergers
5. The commissioner may approve the conversion of a corporation which does not satisfy the capital maintenance requirements set forth in subsection c. of...
- Section 17:9a-17.6 - Notification To Applicant
6. a. Within 60 days of receipt of the information and documents specified in section 3 of this act, the commissioner shall notify the...
- Section 17:9a-17.7 - Filing Of Certificate Of Incorporation
7. The certificate of incorporation with the commissioner's approval endorsed thereon or annexed thereto shall be filed in the department, and shall be recorded...
- Section 17:9a-18 - Names Of Banks, Savings Banks; Use, Certain, Waiver.
18. A. The name of every bank shall contain the word "bank" or "banking" or "trust," or a combination of the words "bank" or...
- Section 17:9a-18.1 - Persons Ineligible To Serve As Officer, Director, Employee.
1.Except with the written consent of the commissioner, no person shall serve as an officer, director or employee of a bank, savings bank or...
- Section 17:9a-18.2 - Penalty
For each willful violation of this prohibition, the bank or savings bank shall be liable to a penalty of not more than $100.00 a...
- Section 17:9a-19 - Communication Terminal Facility; Capital Requirements
19. A. Any bank or savings bank may, pursuant to a resolution of its board of directors or board of managers, establish and maintain...
- Section 17:9a-19.1 - Certain Branch Offices Not Affected By Act
Nothing in this act shall affect the continued maintenance of any branch office lawfully in operation on the effective date hereof, nor shall anything...
- Section 17:9a-19.2 - Authority For Insured Depository Institution To Act As Agent For Affiliate; Construction Of "Control"; Authority Of Commissioner
1. a. An insured depository institution located in this State may accept deposits and conduct other banking business as agent for any affiliate, without...
- Section 17:9a-20 - Application For Establishment Of Full Branch Office, Minibranch Office, Communication Terminal Facility
20. A. (1) Before any full branch office shall be established, the bank or savings bank shall file written application in the department for...
- Section 17:9a-20.1 - Establishment, Maintenance Of Out-of-state Branch Offices
11. a. A bank or savings bank may, pursuant to a resolution of its board of directors, establish and maintain a branch office or...
- Section 17:9a-20.2 - . Powers Of Out-of-state Banks Operating Branch Office In State
12.An out-of-State bank that opens, occupies or maintains a branch office in this State shall have in this State only the powers a bank...
- Section 17:9a-20.3 - Out-of-state, National Bank; Establishment, Maintenance Of Additional Branch Office
13. a. An out-of-State bank with at least one branch office in this State, and a national bank with at least one branch office...
- Section 17:9a-20.4 - Short Title
1.This act shall be known as and may be cited as the "Trust Modernization Act of 1999." L.1999,c.159,s.1.
- Section 17:9a-20.5 - Establishment Of Trust Office
3. a. A qualified bank may establish a trust office anywhere in this State, or in any other state which permits the establishment of...
- Section 17:9a-21 - Termination Of Right To Open, Operate Branch Office; Discontinuance
21. A. The failure of a bank, out-of-State bank or savings bank to open and operate a branch office within one year after the...
- Section 17:9a-22 - Changing Location Of Office
22.A. Upon filing an application therefor in the department, and upon obtaining the approval of the commissioner thereto a bank or savings bank may...
- Section 17:9a-23 - Change Of Location From Principal To Branch Office
23.A bank or savings bank may, without satisfying the requirements of section 22 of P.L.1948, c.67 (C.17:9A-22), change the location of its principal office...
- Section 17:9a-23.1 - Auxiliary Offices
A bank or savings bank may, pursuant to resolution of its board of directors or board of managers, establish and maintain not more than...
- Section 17:9a-23.2 - Auxiliary Office, Establishment, Location
2.No auxiliary office shall be established or maintained at a location which is outside this State or more than one mile from the office...
- Section 17:9a-23.3 - Business Which May Be Transacted At Auxiliary Office
No business shall be transacted at an auxiliary office other than (a) the receipt of deposits of currency, checks and other items; (b) the...
- Section 17:9a-23.4 - Business To Be Transacted With Persons Outside The Structure
The business authorized by section 3 of this act shall be transacted only with persons who, while such business is being transacted, remain outside...
- Section 17:9a-23.5 - Property Which May Be Used For Auxiliary Office; Limitation On Cost; Parking Facilities
A bank or savings bank may, for the purposes of establishing an auxiliary office or offices, purchase or lease real property, or it may...
- Section 17:9a-23.6 - Auxiliary Office Not Deemed Branch Office
An auxiliary office shall not be deemed a branch office within the meaning of sections 19 through 23 and section 233 of the act...
- Section 17:9a-23.7 - Certain Powers Of Banks Not Affected
Nothing in this act shall impair the power of a bank or savings bank to purchase, hold, lease or convey real property or any...
- Section 17:9a-23.8 - Distances, Measurement For Purposes Of Act
For the purposes of this act, distances shall be measured along a straight line drawn between the center point of the main entrance of...
- Section 17:9a-23.9 - Establishment Of Branch Offices On Army, Navy Or Air Force Installations
A bank may, with the approval of the Commissioner of Banking and Insurance, establish and maintain a branch office on any United States Army,...
- Section 17:9a-23.10 - Investigation And Hearing; Requirements And Conditions To Approval Of Application
Before approving an application to establish a branch office at any Army, Navy, or Air Force installation in this State, the commissioner, after such...
- Section 17:9a-23.11 - Branch Offices, Location, Removal, Interchange
3. a. A branch office established pursuant to this act may be located anywhere in this State. b.No branch office established pursuant to this...
- Section 17:9a-23.12 - Law Applicable To Branch Offices On Army, Navy Or Air Force Installations
Except as herein otherwise expressly provided, the establishment and maintenance of branch offices on Army, Navy, or Air Force installations shall be subject to...
- Section 17:9a-23.13 - Bank Defined
As used in this act, "bank" includes banks and savings banks as defined in section 1 of the act to which this act is...
- Section 17:9a-23.50 - Definitions Relative To Emergency Banking
1.As used in this act unless the context requires otherwise, (a)"Commissioner" means the Commissioner of Banking and any other person lawfully exercising the powers...
- Section 17:9a-23.51 - Proclamation Of Emergency
Whenever the commissioner is of the opinion that an emergency exists in this State or in any part or parts of this State, he...
- Section 17:9a-23.52 - Powers Of Officers
Whenever the officers of a bank are of the opinion that an emergency exists which affects one or more or all the bank's offices,...
- Section 17:9a-23.53 - Notice To Commissioner
A bank closing an office or offices pursuant to this act shall give as prompt notice to the commissioner of its action as conditions...
- Section 17:9a-23.54 - Immunity From Liability
No bank and no director, officer or employee of a bank shall be liable to any person for any direct or indirect loss suffered...
- Section 17:9a-23.55 - Construction Of Act
The provisions of this act shall be construed and applied as being in addition to and not in substitution for any other law of...
- Section 17:9a-23.56 - Regulations Of Commissioner
The commissioner may make such orders and regulations, not inconsistent with this act, as he shall deem necessary during an emergency to provide for...
- Section 17:9a-23.57 - Short Title
This act may be cited as the "Emergency Banking Act." L.1968, c. 149, s. 8, eff. July 12, 1968.
- Section 17:9a-24 - Powers Of Banks And Savings Banks
Powers of banks and savings banks. Every bank and savings bank shall, subject to the provisions of this act, have the following powers, whether...
- Section 17:9a-24b1 - Exercise Of Powers, Rights, Benefits, Privileges
1.Notwithstanding the provisions of P.L.1948, c.67 (C.17:9A-1 et seq.) or any other law, banks and savings banks may exercise those powers, rights benefits or...
- Section 17:9a-24.1 - Definitions
As used in this act, (a) "bank services" means services such as check and deposit sorting and posting, computation and posting of interest and...
- Section 17:9a-24.2 - Investment In Bank Service Corporations
2. Banks and savings banks may avail themselves of the services of bank service corporations, and may invest in bank service corporations, but no...
- Section 17:9a-24.3 - Performance Of Services Rendered By Bank Service Corporations
Banks and savings banks may perform for other banking institutions and others than banking institutions any service or services which may be rendered by...
- Section 17:9a-24.4 - Regulations By Commissioner; Powers
The commissioner shall have power to make, amend and repeal regulations governing the exercise of the powers conferred upon banks and savings banks by...
- Section 17:9a-24.5 - Conduct Of Other Business By Bank Service Corporation Prohibited
No bank service corporation shall conduct any business other than the performing of bank services for banking institutions. L.1964, c. 160, s. 5.
- Section 17:9a-24.6 - Receiving Of Bank Services From Other Banking Institution Or Other Person
Nothing herein shall prevent a bank or savings bank from receiving bank services from another banking institution or from any other person. As used...
- Section 17:9a-24.7 - Investments In Stock Of Clearing Corporations By Qualified Banks
A qualified bank, as defined in section 1 of the act to which this act is a supplement (C. 17:9A-1), shall have power to...
- Section 17:9a-24.8 - Powers Conferred By Act As In Addition To Other Powers
The power conferred by this act shall be in addition to and not in substitution for any powers otherwise conferred by law upon qualified...
- Section 17:9a-24.9 - Additional Powers Of Banks And Savings Banks
8.Additional powers of banks and savings banks. In addition to the powers which banks and savings banks may otherwise exercise, every bank and savings...
- Section 17:9a-24.10 - "Loan"
As used in this act, "loan" includes loans which are in amounts of $10,000.00 or more, and are payable on demand and are secured...
- Section 17:9a-24.11 - Interest Rate Or Other Compensation
In making a loan, a banking institution, as defined in section 1 of "The Banking Act of 1948," P.L.1948, c. 67 (C. 17:9A-1), may,...
- Section 17:9a-24.12 - Additional Investment Authority Of Banks
In addition to investments otherwise authorized by law, a bank or savings bank may invest in any kind or kinds of assets, wherever located,...
- Section 17:9a-24.13 - Regulations
The commissioner may make, amend and repeal regulations prescribing the amount, location, required collateral or purpose of any investment made in accordance with this...
- Section 17:9a-24.14 - Bank Loans Authorized For Business Enterprises
Any bank, bank holding company, or savings bank may establish a subsidiary for the purpose of originating loans or loans and technical assistance packages...
- Section 17:9a-25 - Additional Powers Of Banks.
25.Additional powers of banks. In addition to the powers specified in section 24, every bank shall, subject to the provisions of this act, have...
- Section 17:9a-25.1 - Banks; Retirement Benefits For Officers And Employees
A bank may pay retirement and other benefits to its officers and employees in the manner provided by the Banks' and Savings Banks' Officers'...
- Section 17:9a-25.2 - Regulations Authorizing Loans Not Authorized By L.1948, C. 67; Power Of Commissioner
The Commissioner of Banking and Insurance shall have power to make, amend and repeal regulations authorizing banks to make specified kinds of loans or...
- Section 17:9a-25.3 - Preservation Of Dual Banking System
In exercising the power conferred upon him by this act, the commissioner shall consider the statutes, regulations and rulings governing the lending and investing...
- Section 17:9a-25.4 - Banks Defined
As used in this act, "banks" means banks, other than savings banks, organized and operating under the laws of this State. L.1966, c. 279,...
- Section 17:9a-25.5 - Additional Powers Of Banks
A. In addition to the powers which banks may otherwise exercise, every bank, as defined in the act to which this act is a...
- Section 17:9a-26 - Additional Powers Of Savings Banks
Additional powers of saving banks. In addition to the powers specified in section 24, every savings bank shall, subject to the provisions of this...
- Section 17:9a-27 - Effect Of Exercise Of Certain Powers; Disclosure Of Information By Commissioner
A. The authority by this act granted to exercise the powers specified in paragraphs (6), (7) and (8) of section 24, paragraph (12) of...
- Section 17:9a-27.2 - Title Insurance; Safe Deposit Boxes; Banks Engaged In Business Before September 16, 1948
Every bank, as defined in the act to which this act is a supplement, which had been engaged in business prior to September sixteenth,...
- Section 17:9a-27.3 - Definitions
As used in this act, unless the context otherwise requires, (a) "commissioner" means the Commissioner of Banking and Insurance of New Jersey; (b) "bank"...
- Section 17:9a-27.4 - Adoption Of Plan; Scope Of Plan
A. If the original or amended certificate of incorporation of a bank other than a savings bank so provides, a plan or plans may...
- Section 17:9a-27.5 - Provisions Of Plans
In addition to the objects stated in paragraph (f) of section 3 of this act, and in addition to those provisions which are elsewhere...
- Section 17:9a-27.6 - Contributions
A plan may provide that the contributions or other charges required to be made or paid to the fund out of which, or by...
- Section 17:9a-27.7 - Alteration And Rescission Of Plan
A. A plan maintained by a savings bank may, subject to the provisions of section 22 of this act, be rescinded, or may be...
- Section 17:9a-27.8 - Methods Of Effecting Plans
A plan may be effected and maintained through (a) a fund accumulated from the income of a bank, or set aside out of surplus,...
- Section 17:9a-27.9 - Eligibility For Retirement Benefits
An employee shall be eligible to begin receiving retirement benefits at such age as shall be specified in a retirement plan. L.1953, c. 124,...
- Section 17:9a-27.10 - Disposition Of Contributions Of Employee
Every plan shall provide that, upon termination of employment of an employee for any cause other than retirement pursuant to such plan, or upon...
- Section 17:9a-27.11 - Disposition Of Contributions Of Employer
A plan may, but need not, provide that, upon termination of employment of an employee for any cause specified in such plan, other than...
- Section 17:9a-27.12 - Rights Of Creditors Of Bank
No depositor or other creditor of any bank shall have any right in or claim against any retirement fund authorized by this act. L.1953,...
- Section 17:9a-27.15 - Determination Of Eligibility For Retirement
In determining the eligibility for retirement of an employee of a bank, a plan may provide that (a) the period or periods during which...
- Section 17:9a-27.16 - Eligibility For Retirement; Permissive Provisions
A. In determining the eligibility for retirement of an employee, a plan may provide that (a) the period during which such employee was employed...
- Section 17:9a-27.17 - Disposition Of Plans Of Predecessor Bank
A. A successor bank may, with the approval of the commissioner, (a) continue any existing plan or plans, or fund or funds maintained or...
- Section 17:9a-27.18 - Attachment And Garnishment
Any retirement benefit shall be subject to execution, attachment, garnishment or other legal process to the extent and by the same procedure as provided...
- Section 17:9a-27.19 - Delegation Of Administration Of Plan
The board of directors may delegate the administration of any plan or fund to its executive committee or to a pension committee appointed by...
- Section 17:9a-27.20 - Continuance Of Payments
A bank which, on the effective date of this act, is paying an employee a retirement benefit, pension or disability benefit not contrary to...
- Section 17:9a-27.21 - Continuance Of Prior Plans
A bank which, on the effective date of this act, maintains or participates in a retirement plan or fund not contrary to law in...
- Section 17:9a-27.22 - Approval Of Commissioner Of Adoption Or Alteration Of Plan
A. Every plan hereafter adopted by a savings bank or hereafter substantially altered by a savings bank within the meaning of subsection D of...
- Section 17:9a-27.23 - Additional Powers
In addition to the powers conferred by the preceding sections of this act, a bank shall have power to do all, or some, or...
- Section 17:9a-27.24 - Retirement Benefits Not Paid Pursuant To Plan
A. A bank which maintains a retirement plan may pay (1) retirement benefits in reasonable amounts to employees whose employment has heretofore terminated or...
- Section 17:9a-27.25 - Powers Of Commissioner
If it shall appear to the commissioner that any payment made by any bank for any benefit provided for by sections 23 or 24...
- Section 17:9a-27.26 - Approval By Commissioner
Whenever, under the provisions of this act, the approval of the commissioner is required, written application for such approval shall be made to the...
- Section 17:9a-27.27 - Short Title
This act may be cited as the Banks' and Savings Banks' Officers' and Employees' Retirement and Benefit Act. L.1953, c. 124, p. 1321, s.
- Section 17:9a-27.50 - Stock Option Plan
a. Subject to the limitations prescribed by this act, a bank may grant options to purchase shares of its capital stock to its officers...
- Section 17:9a-27.51 - Filing Copy Of Plan And Certificate Of Adoption And Approval
Before any stock option plan shall be placed in operation, a copy thereof shall be filed in the Department of Banking and Insurance, together...
- Section 17:9a-27.52 - Provision In Certificate Of Incorporation For Authorized But Unissued Shares Of Capital Stock
In order to have shares of its capital stock available for the purposes of this act, a bank may provide in its certificate of...
- Section 17:9a-27.53 - Certificate Of Bank; Findings Of Commissioner; Approval
A. Prior to the date of the issuance of authorized and unissued shares of the capital stock of a bank for the purposes of...
- Section 17:9a-27.54 - Short Title
This act may be cited as the Bank Officers and Employees' Stock Option Plan Act. L.1964, c. 202, s. 5.
- Section 17:9a-28 - Agency And Fiduciary Powers
Agency and fiduciary powers. A bank which is a qualified bank shall have the following agency and fiduciary powers in addition to the powers...
- Section 17:9a-28.1 - Broker-dealer As Custodian
a. Notwithstanding any other provision of law to the contrary, a qualified bank may: (1) employ any broker-dealer which is registered with the federal...
- Section 17:9a-28.2 - Purchase For Trust Accounts Of Bonds, Notes, Or Other Obligations
a. Subject to the provisions of this act, a qualified bank, as defined in section 1 of P.L. 1948, c. 67 (C. 17:9A-1) shall...
- Section 17:9a-29 - Appointment By Court Or Officer Of Qualified Bank As Fiduciary
A. A court or officer with power to appoint a fiduciary, may appoint a qualified bank. B. When a qualified bank, named in a...
- Section 17:9a-30 - Security Prerequisite To Action As Fiduciary
A. When a qualified bank is named as a fiduciary in any will or other instrument, it shall not be required to give any...
- Section 17:9a-31 - Security Fund
A. A qualified bank may create a fund to be held as security for the performance of its obligations in fiduciary capacities for which...
- Section 17:9a-32 - Recourse To Security Fund
Recourse may be had to the fund created pursuant to section thirty-one upon application to the Superior Court, upon such notice as it shall...
- Section 17:9a-33 - Transfer Of Investments Heretofore Deposited
Upon petition by a qualified bank which has heretofore deposited investments with the Register of the Prerogative Court, as the said court was constituted...
- Section 17:9a-34 - Proof Of Qualification And Security
A. As a prerequisite to its appointment as a fiduciary by any court or officer of this State, a qualified bank shall present to...
- Section 17:9a-35 - Trust Funds
Trust funds. A. All moneys, securities and other property held by a qualified bank in fiduciary capacities, pursuant to paragraphs (5), (6), (7), (8),...
- Section 17:9a-36 - Definitions
Definitions. As used in this article, and except as the context otherwise requires, (1) "Common trust fund" means a fund established and maintained by...
- Section 17:9a-37 - Participation In Common Trust Fund
Participation in common trust fund. A. Subject to the limitations of this article, a bank may create and maintain one or more common trust...
- Section 17:9a-37.1 - Single Common Trust Fund
a. A bank may, without order or judgment of a court or officer, merge or combine two or more of its own or its...
- Section 17:9a-38 - Effect Of Trust Instruments
38. Effect of trust instruments. A. Except as otherwise provided by subsection B of this section, where the trust instrument defines, limits, or specifies...
- Section 17:9a-39 - Cash Balances
A. (Deleted by amendment.) B. (Deleted by amendment.) C. Any common trust fund may consist in part of uninvested cash balances awaiting investment or...
- Section 17:9a-40 - Participations; Valuation; General Provisions
A. If so provided in the plan pursuant to which a common trust fund is established and maintained, the bank may divide the common...
- Section 17:9a-41 - Powers And Obligations Of Banks
Except as by this article otherwise provided, a bank in investing, reinvesting, exchanging, retaining, selling, valuing or otherwise acting with respect to the property...
- Section 17:9a-42 - Compensation
No bank shall charge or be entitled to any fee, commission, or other compensation by reason of its establishing and maintaining one or more...
- Section 17:9a-43 - Powers Of Commissioner
The commissioner shall have power, from time to time, to make, amend, supplement, and repeal such rules and regulations, not inconsistent with the provisions...
- Section 17:9a-44 - Taxability
No tax shall be imposed upon or payable by a bank as trustee of a common trust fund, nor shall the assets of any...
- Section 17:9a-45 - Creditors' Claims
Whenever a claim is asserted against a fiduciary or beneficiary of a trust estate which has a participation in a common trust fund, which...
- Section 17:9a-46 - Accounting
Unless ordered by a court of competent jurisdiction, a bank maintaining a common trust fund shall not be required to render a court accounting...
- Section 17:9a-47 - Members Of Federal Reserve System
A bank which is a member of the Federal Reserve System shall maintain the reserve balances required by or pursuant to the Federal Reserve...
- Section 17:9a-48 - Nonmembers Of Federal Reserve System
A. A bank which is not a member of the Federal Reserve System shall, subject to the provision of subsection B of this section,...
- Section 17:9a-49 - Definitions
For the purposes of this article. "Reserve depositary" includes (a) A Federal Reserve bank, (b) A member of a Federal Reserve bank organized in...
- Section 17:9a-50 - Ascertainment Of Net Profits
A. Every bank shall at the close of each period for which a dividend is declared, and in any event at least semi-annually, determine...
- Section 17:9a-51 - Transfers To Surplus
Whenever a bank's surplus at the close of any period for which it shall have determined its net profits pursuant to section 50 is...
- Section 17:9a-52 - Dividends On Capital Stock
52. A. Dividends on the capital stock of a bank may be paid from time to time wholly in cash, or wholly in stock...
- Section 17:9a-53 - Scope Of Article; Definitions; Interest
A. In addition to such other loans which banks are authorized to make, a bank may make secured and unsecured installment loans upon the...
- Section 17:9a-53.2 - Definitions
As used in this act: a. "Banking institution" includes State-chartered banks, Federally-chartered banks, and mutual savings banks; b. "Educational loan" means a loan which...
- Section 17:9a-53.3 - Educational Loans, Authorization
In addition to such other loans which banking institutions are authorized by law to make, such institutions may make educational loans upon the terms...
- Section 17:9a-53.4 - Interest
Notwithstanding the provisions of R.S. 31:1-1 or any other law to the contrary, a banking institution may make educational loans and may charge and...
- Section 17:9a-53.5 - Limitations On Amount Of Educational Loan
No banking institution shall make an educational loan or an advance on an educational loan for the payment of which any person shall be...
- Section 17:9a-53.6 - Limitation On Duration Of Loan
No banking institution shall make an educational loan, or an advance on an educational loan which is disbursed in more than one advance, which...
- Section 17:9a-53.7 - Security; Prohibition; Endorsers Or Guarantors
No security shall be taken for an educational loan, but this prohibition shall not preclude a banking institution from requiring one or more endorsers...
- Section 17:9a-53.8 - Disbursement In More Than One Advance; Principal Amount Of Loan
When pursuant to an agreement between a banking institution and a borrower, an educational loan will be disbursed in more than one advance, the...
- Section 17:9a-53.9 - Repayment; Terms And Conditions
Educational loans shall be repaid in such manner and shall be subject to such terms and conditions not inconsistent with this act as the...
- Section 17:9a-53.10 - Credit Life And Health Insurance; Authorization To Provide
When a person liable for the payment of an educational loan consents in writing thereto, the banking institution may obtain or provide either or...
- Section 17:9a-53.11 - Loans Or Extension Of Credit Not Subject To Act
Nothing in this act shall be construed to apply to any loan or extension of credit which a banking institution may make pursuant to...
- Section 17:9a-54 - Limitations And Conditions
A. Every installment loan shall be evidenced by a note the face value of which shall be in an amount determined pursuant to paragraph...
- Section 17:9a-55 - Permissible Provisions And Actions
A. A bank which makes an installment loan may (1) require one or more comakers or endorsers of the note evidencing the loan, or...
- Section 17:9a-56 - Rebates On Prepayment
A. When the unpaid balance owing upon a precomputed loan is repaid in full or the maturity of the unpaid balance of such loan...
- Section 17:9a-57 - Statement On Instrument
Every note evidencing an installment loan shall contain a statement that such loan was made pursuant to this article. If this article or any...
- Section 17:9a-58 - Exempt Transactions
Nothing in this article applies to (1) any loan or extension of credit which a bank may make pursuant to any other law of...
- Section 17:9a-59 - Penalty For Violations
If a bank knowingly violates any provision of this article in the making or collection of an installment loan, the bank shall forfeit the...
- Section 17:9a-59.1 - Advance Loans
A. Subject to the provisions of this act, a bank may lend money to a borrower by advancing funds to or for the account...
- Section 17:9a-59.2 - Written Contract; Necessity; Effective Date; Contents
A. No advance loan shall be made except pursuant to a written contract, referred to in this act as an "advance loan contract," between...
- Section 17:9a-59.3 - Authorization As Evidence Of Loan
Each authorization made by an advance loan borrower, evidenced in any manner provided in a contract between the bank and such borrower, and honored...
- Section 17:9a-59.4 - Statement To Borrower; Contents
A. For each billing cycle at the end of which there is an outstanding balance on any advance loan made pursuant to a particular...
- Section 17:9a-59.5 - Periodic Payments; Amount; Application
A. The amount of the payment required to be made on advance loans made to a particular borrower in reduction thereof shall at least...
- Section 17:9a-59.6 - Interest Rate; Insurance Premiums; Credit Cards; Annual Fee
A. Notwithstanding the provisions of R.S. 31:1-1 or any other law to the contrary, the rate or rates on advance loans shall be as...
- Section 17:9a-59.7 - Late Charges
A. If any payment on an advance loan remains unpaid for a period of more than 15 days after such payment falls due pursuant...
- Section 17:9a-59.8 - Service Charges
In addition to the other charges which are authorized to be made by this act, a bank may collect a service charge from each...
- Section 17:9a-59.10 - Security
A. A bank which makes an advance loan shall not, prior to default in such loan, take any kind of security therefor except an...
- Section 17:9a-59.11 - Limitation Upon Liability To Bank On Advance Loans
No bank shall make any advance loan for the payment of which any person shall be liable in any capacity to the bank if...
- Section 17:9a-59.12 - Violation Of Limitations Upon Liability; Penalty
For a violation of section 11 of this act, the bank shall forfeit all interest on so much of the aggregate of all advance...
- Section 17:9a-59.13 - Collection Of Excess Interest Rates Or Unlawful Taking Of Security; Penalty
If a bank knowingly collects interest on advance loans at a rate in excess of that authorized by section 6 of this act, or...
- Section 17:9a-59.14 - Bank Defined
As used in this act, "bank" includes banking institutions as defined in section 1 of P.L.1948, c. 67 (C. 17:9A-1). L.1959, c. 91, p....
- Section 17:9a-59.15 - Effective Date
This act shall take effect immediately, but shall not be operative for 60 days thereafter. L.1959, c. 91, p. 226, s. 15.
- Section 17:9a-59.16 - Guarantee Of Payment
A bank which enters into a contract with a borrower to make advance loans pursuant to the act of which this act is amendatory...
- Section 17:9a-59.17 - Short Title
The act of which this act is amendatory and supplementary shall be known and may be cited as "The Advance Loan Law of 1968."...
- Section 17:9a-59.25 - Definitions
As used in this act, unless the context requires otherwise, (a) "Concern" means any trade, business or professional entity conducted for profit, and includes,...
- Section 17:9a-59.26 - Authority To Make Small Business Loans; Terms And Conditions; Reliance Upon Representations
A bank may make small business loans upon the terms and conditions prescribed by this act. In making loans pursuant to this act, a...
- Section 17:9a-59.27 - Interest Rate
(a) Notwithstanding the provisions of R.S. 31:1-1 or any other law to the contrary, a bank may contract for and receive interest on a...
- Section 17:9a-59.28 - Note; Amount; Installment Payments; Repayment In Advance; Refund
(a) Every small business loan shall be evidenced by a note which shall be dated the day of the making of such loan, and...
- Section 17:9a-59.29 - Limitation On Loans
No bank shall make a small business loan in a sum in excess of $50,000.00, nor shall a bank make any such loan for...
- Section 17:9a-59.30 - Security For Payment; Costs And Insurance
A bank which makes a small business loan may (a) require one or more comakers or endorsers of the note evidencing the loan, or...
- Section 17:9a-59.31 - Collection Fee Schedule
Upon institution of proceedings for the collection of a small business loan in default, a bank may charge a collection fee, in addition to...
- Section 17:9a-59.32 - Acceleration Of Maturity
(a) The note evidencing a small business loan may provide that (1) Upon default in the payment of any installment on its due date,...
- Section 17:9a-59.33 - Unauthorized Charges Prohibited
A bank which makes a small business loan shall not make any further finance, interest or other charge in connection with such loan, other...
- Section 17:9a-59.34 - Use Of Proceeds For Repayment Of Other Loan
Nothing in this act shall prevent a bank from making a small business loan, the proceeds of which will be applied in whole or...
- Section 17:9a-59.35 - Credit On Precomputed Interest Charges; Prepayment Or Acceleration; Formula; Prepayment On Non-precomputed Small Business Loan Without Penalty
(a) When the unpaid balance owing on a precomputed small business loan is repaid in full, or when the maturity of the unpaid balance...
- Section 17:9a-59.36 - Statement That Loan Was Made Pursuant To Small Business Loan Act Required
Every note evidencing a small business loan shall contain a statement that such loan was made pursuant to this act. If this act or...
- Section 17:9a-59.37 - Violation; Penalty; Civil Action
If a bank knowingly violates any provision of this act in the making or collection of a small business loan, the bank shall forfeit...
- Section 17:9a-59.38 - Application Of Act
Nothing in this act applies to any loan or extension of credit which a bank may make pursuant to any other law of this...
- Section 17:9a-59.39 - Short Title
This act shall be known and may be cited as the "Small Business Loan Act." L.1964, c. 162, s. 15.
- Section 17:9a-59.40 - Loan To Depositor In Amount Of And Guaranteed By Deposit
Notwithstanding any other provision of law, a banking institution may contract with a depositor for the loan of money in an amount not to...
- Section 17:9a-60 - Definitions
60. Definitions. For the purposes of this article, (1) "Person" means an individual, partnership, corporation, association or body politic, or any similar entity or...
- Section 17:9a-61 - Unlimited Liability
This article shall not apply to: (1) loans to or investments in obligations of the United States, this State or any county of this...
- Section 17:9a-62 - Limitations On Liability
62. Limitations on Liability. A. The total loans and extensions of credit by a bank or savings bank outstanding to one borrower at one...
- Section 17:9a-63 - Exempt Transactions
63. Exempt transactions. A. A bank or savings bank shall not be in violation of this article if the loans and extensions of credit...
- Section 17:9a-63.1 - Excess Charge
Notwithstanding any other law of this State, a banking institution which makes a charge or imposes a fee in excess of that permitted by...
- Section 17:9a-64.1 - Origination, Acquisition Of Mortgage Loans By Bank, Savings Bank
23. A bank or savings bank may originate or acquire mortgage loans secured by a mortgage constituting a lien upon real property or upon...
- Section 17:9a-70.1 - Definitions
As used in this act: "Banking institution" means a banking institution as defined in section 1 of P.L.1948, c.67 (C.17:9A-1); "Credit insurance" means credit...
- Section 17:9a-70.2 - Credit Insurance On Borrower
When a banking institution makes a loan pursuant to P.L.1948, c.67 (C.17:9A-1 et seq.), P.L.1985, c.81 (C.17:3B-4 et seq.), or any other law or...
- Section 17:9a-71 - Definitions
Definitions. A. For the purposes of this article: (1) "Controlling interest" means ownership or control of a majority of the issued and outstanding capital...
- Section 17:9a-71.1 - Compliance Of Bank, Savings Bank With Liability Of Directors, Officers
24. Any bank or savings bank that is in compliance with Regulation O of the Board of Governors of the Federal Reserve System, 12...
- Section 17:9a-72 - Prerequisites To Incurring Liability; Amounts
Prerequisites to incurring liability; amounts. A. No bank shall permit a director or an executive officer of the bank or a corporation or partnership...
- Section 17:9a-73 - Overdrafts
No bank shall permit a director, executive or other officer or employee of the bank or a corporation, or a partnership, to become liable...
- Section 17:9a-74 - Exempt Transactions
74. Exempt transactions. A. Any liability incurred prior to the effective date of this act, which would, if incurred after the effective date of...
- Section 17:9a-75 - Violations; Penalties; Liability
A. The following shall be guilty of misdemeanors: (1) A director, or an executive officer of a bank who knowingly incurs liability to the...
- Section 17:9a-76 - By-laws; Adoption
The stockholders of a bank shall have the power to make, alter and repeal by-laws. If so provided in the certificate of incorporation, the...
- Section 17:9a-77 - By-laws; Limitations On Powers Of Directors
A board of directors which shall be empowered to make, alter and repeal by-laws may not, however, exercise such power with respect to by-laws...
- Section 17:9a-78 - By-laws; Amendments; Repeal; Notice
By-laws shall not be made, altered or repealed by the stockholders except at an annual or special meeting of the stockholders by the affirmative...
- Section 17:9a-79 - Annual Meetings; Notice
79. Annual meetings; notice. A. The annual meeting of the stockholders of every bank shall be held on such day in January, February, March...
- Section 17:9a-79.1 - Written Consents
Any action required or permitted to be taken at a meeting of stockholders by P.L. 1948, c. 67 (C. 17:9A-1 et seq.), or the...
- Section 17:9a-80 - Special Meetings; Call
Special meetings of the stockholders of a bank may be called at any time by the president, the board of directors, the holders of...
- Section 17:9a-81 - Stockholders' Meetings; Notice
Stockholders' meetings; notice. Notice of all meetings of stockholders shall be given to the stockholders not less than 10 nor more than 60 days...
- Section 17:9a-82 - Special Meetings; Failure To Issue Call; Action By Commissioner
If the secretary or cashier neglects or refuses to issue a call for a special meeting as provided in section 80, the person or...
- Section 17:9a-83 - Place And Hour Of Meetings; Adjournments
Any meeting of stockholders may be held at the principal office of the bank, or at any branch office, or at any place other...
- Section 17:9a-84 - List Of Stockholders
A. The officer having charge of the stock transfer books for shares of stock of a bank shall make, or cause to be made,...
- Section 17:9a-85 - Voting Of Treasury Stock
Shares of its own capital stock belonging to a bank shall not be voted directly or indirectly. Any shares disqualified from voting solely because...
- Section 17:9a-86 - Voting Of Stock Subject To Pledge
A stockholder who shall pledge his stock may nevertheless represent and vote such stock in person or by proxy at all stockholders' meetings, unless...
- Section 17:9a-87 - Voting Of Stock Held By A Corporation
If shares of the capital stock of a bank are registered in the name of a corporation, such corporation may vote such shares by...
- Section 17:9a-88 - Voting Of Stock Held By Joint Tenants Or Tenants In Common
Shares of the capital stock of a bank held jointly or as tenants in common by two or more persons may be represented and...
- Section 17:9a-89 - Voting Stock Held By Fiduciaries
A. Shares of the capital stock of a bank held in a fiduciary capacity may be voted in person or by proxy by the...
- Section 17:9a-90 - Voting In Person Or By Proxy
A. Stockholders of a bank may vote at all meetings either in person or by proxy. Every proxy shall be executed in writing by...
- Section 17:9a-90.1 - Voting Trusts
Agreements hereafter made between two or more of the stockholders of a bank pursuant to which stock of the bank held by them is...
- Section 17:9a-91 - Quorum
At all meetings of stockholders of a bank, the presence in person or by proxy of the holders of a majority of the outstanding...
- Section 17:9a-92 - Judges Of Election
A. In advance of each meeting of the stockholders of a bank, the board of directors shall appoint one judge or three judges who...
- Section 17:9a-93 - Presiding Officer And Secretary Of Meeting
Unless the by-laws otherwise provide, the president shall preside at, and the secretary or cashier shall take the minutes at all meetings of the...
- Section 17:9a-94 - Capital Stock; Voting Rights
A. Except as a bank's certificate of incorporation may otherwise lawfully provide with respect to preferred stock, each share of stock shall entitle the...
- Section 17:9a-95 - Summary Review Of Elections By Superior Court
Upon application of any stockholder who questions an election of directors of a bank, the Superior Court, if such application be made in an...
- Section 17:9a-96 - Record Date
Record date. A. The board of directors may fix a date, which shall precede by not more than 60 days: (1) the date of...
- Section 17:9a-97 - Inspection Of Books And Records
A. Every bank shall keep books and records of account and minutes of the proceedings of its stockholders, board of directors, and executive committee...
- Section 17:9a-98 - Stock Certificates; Transfers Of Stock; Facsimile Signatures
A. Every bank shall issue to each of its stockholders a certificate or certificates signed by, or in the name of the bank by,...
- Section 17:9a-99 - Preemptive Rights Of Stockholders To Purchase New Stock
A. Except as otherwise provided by law, upon an increase of the capital stock of a bank by an issue of additional shares, every...
- Section 17:9a-100 - Liability Of Stockholders
Except as otherwise provided by any law heretofore enacted or by the certificate of incorporation of a bank heretofore organized, the holders of the...
- Section 17:9a-101 - Directors; Number; Method Of Determination
A. Every bank shall be managed by a board of not less than five and not more than twenty-five directors. B. If the certificate...
- Section 17:9a-102 - Directors; Classification; Election; Vacancies; Tenure.
102. Directors; classification; election; vacancies; tenure. A. A bank may provide in its certificate of incorporation for the classification of its directors in respect...
- Section 17:9a-103 - Directors; Stock Ownership, Oath
103. A. Each director shall own in good faith and hold in the director's own name unpledged shares of the capital stock of the...
- Section 17:9a-104 - Directors; Disqualification
A director who ceases to be the owner of shares as specified in section 103, or who, within thirty days after his election or...
- Section 17:9a-105 - Directors; Quorum; Actions
Directors; quorum; actions. a. A majority of the members of the board of directors shall constitute a quorum for the transaction of business. Except...
- Section 17:9a-106 - Directors; Compensation
Directors shall receive such reasonable compensation as the board of directors may from time to time by resolution provide. L.1948, c. 67, p. 269,...
- Section 17:9a-107 - Chairman Of Board Of Directors
A bank may, in its by-laws or by resolution of its board of directors, create the office of chairman of the board of directors...
- Section 17:9a-108 - Directors; Executive Committee
A. If the number of directors of a bank equals or exceeds nine, the certificate of incorporation or by-laws of the bank may provide...
- Section 17:9a-109 - Directors; Qualified Bank; Trust Committee
A. If the number of directors of a bank which is a qualified bank equals or exceeds nine, the certificate of incorporation or by-laws...
- Section 17:9a-110 - Directors; Other Committees
110. Directors; other committees. The bylaws of a bank may provide for other committees of the board of directors in addition to the committees...
- Section 17:9a-111 - Officers; Election; Appointment; Limitation
111. Officers; election; appointment; limitation. A.At the first meeting of the board of directors following each annual meeting of the stockholders of a bank,...
- Section 17:9a-112 - Officers; Tenure; Removal
Subject to removal by the board of directors at its pleasure, or by the commissioner pursuant to section 249, each officer shall hold office...
- Section 17:9a-113 - Officers; Vacancies
Any vacancy in any office may be filled by the board of directors. L.1948, c. 67, p. 273, s. 113.
- Section 17:9a-115 - Bonding Of Directors, Officers, Employees; Temporary Waiver
a. Every bank shall, at its own expense, cause to be bonded for the honest performance and discharge of his duties (1) each director...
- Section 17:9a-116 - Nature Of Amendments
A bank may, by amending its certificate of incorporation in the manner provided by this article, (1) change its corporate name; (2) increase its...
- Section 17:9a-117 - Procedure For Amending Certificate Of Incorporation
117. Whenever the board of directors shall deem it advisable to amend the certificate of incorporation, it shall adopt a resolution setting forth the...
- Section 17:9a-117.1 - Restated Certificates
a. A bank may restate and integrate in a single certificate the provisions of its certificate of incorporation, as defined in section 1 of...
- Section 17:9a-118 - Consolidation Of Amendments
A. The board of directors may, from time to time, submit to the stockholders, and the stockholders may approve an amended certificate of incorporation,...
- Section 17:9a-119 - Increase In Capital Stock
When the amendment effects an increase in the capital stock, and the amendment has been approved by the commissioner, the certificate of amendment shall...
- Section 17:9a-120 - Assumption Of Fiduciary Powers
When the amendment is for the purpose of authorizing a bank, not a qualified bank, to become a qualified bank, the commissioner, in determining...
- Section 17:9a-121 - Decrease Of Capital Stock
The commissioner shall not approve an amendment effecting a decrease in the capital stock if the decrease will cause the capital stock to be...
- Section 17:9a-122 - Limitations
An amendment, to the extent that it alters an existing provision of the certificate of incorporation or adds a provision not theretofore included in...
- Section 17:9a-123 - Certificate As Evidence
The certificate of amendment and the amended certificate or a copy thereof duly certified by the commissioner, shall be evidence in all courts and...
- Section 17:9a-124 - Issuance
A bank may issue preferred stock (1) Upon its organization as a successor bank pursuant to section 16; or (2) Upon its reorganization pursuant...
- Section 17:9a-125 - Certificates Of Incorporation And Of Amendment And Merger Agreements; Provisions
A. The certificate of incorporation of every bank hereafter authorized to issue preferred stock upon its organization pursuant to section 16, and the certificate...
- Section 17:9a-126 - Priorities; Preferences; Rights; Limitations
Every issue of preferred stock shall be subject to the following: (1) The issue price for each share shall be not less than the...
- Section 17:9a-127 - Dividends
No dividend shall be declared or paid on common stock until all accrued dividends shall have been paid on preferred stock, or until funds...
- Section 17:9a-128 - Priority On Dissolution
Upon a bank's dissolution in any manner, the holders of preferred stock shall be entitled to receive in full the amount specified in the...
- Section 17:9a-129 - Consideration For Preferred Stock
Except to the extent otherwise expressly provided in this act, no bank shall issue its preferred stock for any consideration other than money. L.1948,...
- Section 17:9a-130 - Retirement Or Conversion
Upon the retirement or conversion of preferred stock, a certificate thereof, in such form as the commissioner shall approve, shall be made by any...
- Section 17:9a-131 - Application Of Article; Limitation
Preferred stock issued prior to the effective date of this act shall be subject to this article, except insofar as the provisions of this...
- Section 17:9a-131.1 - Borrowing Money To Retire Preferred Stock
A bank, as defined in section 1 of the act to which this act is a supplement, may, with the approval of the Commissioner...
- Section 17:9a-131.2 - Debentures Or Capital Notes
A. Debentures or capital notes issued pursuant to this act (a) shall be unsecured; and (b) shall provide that the indebtedness evidenced thereby shall...
- Section 17:9a-131.3 - Borrowing To Be Pursuant To Act Only
No bank shall borrow money for the purpose of retiring preferred stock except pursuant to this act. L.1953, c. 215, p. 1622, s. 3.
- Section 17:9a-131.20 - Definitions.
1.As used herein, (a) "capital notes" means notes, debentures and other like writings having maturities of more than one year, issued by a bank...
- Section 17:9a-131.21 - Issuance Of Convertible Or Nonconvertible Capital Notes By Banks
A bank may, from time to time, issue convertible or nonconvertible capital notes, or both, in series or otherwise. L.1966, c. 272, s. 2.
- Section 17:9a-131.22 - Capital Notes Issued For Cash; Limitation On Conversion Of Convertible Capital Notes
Capital notes may be issued only for cash. Convertible capital notes issued by a bank may be converted only into common stock of the...
- Section 17:9a-131.23 - Unsecured Indebtedness; Claims Subordinate To Depositors And Creditors; Liquidation
The indebtedness evidenced by capital notes shall be unsecured and shall be subordinate to the claims of depositors and other creditors of the bank,...
- Section 17:9a-131.24 - Nonconvertible Capital Notes; Issuance Pursuant To Resolution
Nonconvertible capital notes may be issued pursuant to a resolution of a bank's board of directors without action by the bank's stockholders. L.1966, c....
- Section 17:9a-131.25 - Convertible Capital Notes; Issuance Pursuant To Amendment Of Certificate Of Incorporation Of Issuing Bank
Convertible capital notes may not be issued except pursuant to an amendment of the issuing bank's certificate of incorporation made as provided in article...
- Section 17:9a-131.26 - Sale Of Convertible Capital Notes
No bank shall issue its convertible capital notes to others than the holders of its common stock until after it has offered such notes...
- Section 17:9a-131.27 - Certificate Stating Amount Of Capital Notes Converted; Filing
Within 90 days after any capital notes are converted, a certificate made by 2 officers of the bank which issued such capital notes, one...
- Section 17:9a-131.28 - Approval Of Issuance Of Capital Notes By Commissioner
No capital notes shall be issued unless they and any agreement to which they are subject are approved by the commissioner. Such capital notes...
- Section 17:9a-131.29 - Inclusion Of Amount Owing On Capital Notes In Bank's Capital Funds
The principal amount owing on all capital notes of a bank at any time outstanding, whether issued by the bank pursuant to this act,...
- Section 17:9a-131.30 - Issuance Of Capital Notes, Debentures.
11.No bank shall hereafter issue capital notes or debentures except pursuant to P.L.1966, c.272 (C.17:9A-131.20 et seq.), provided, however, that P.L.1966, c.272 (C.17:9A-131.20 et...
- Section 17:9a-131.31 - Application Of Act
This act shall not apply to any borrowing by a bank, however evidenced, which is payable in 1 year or less from the date...
- Section 17:9a-131.32 - Review
A determination made by the commissioner pursuant to this act shall be subject to review, hearing and relief in the Superior Court in a...
- Section 17:9a-131.33 - Repeal In Part
P.L.1953, chapter 215, is hereby repealed, insofar as it provides for the original issuance of capital notes or debentures after the effective date of...
- Section 17:9a-132 - Definitions
As used in this article: (1) "Merging bank" means a bank which is merged, or which is in process of being merged, into another...
- Section 17:9a-133 - What Banks May Merge; Means Of Effectuation Of Merger
A. Any two or more banks may, with the approval of the commissioner, merge one or more of them into another of them as...
- Section 17:9a-133.1 - Interstate Merger Transactions
16. a. One or more banks or savings banks may, with the approval of the commissioner, enter into an interstate merger transaction with an...
- Section 17:9a-134 - Merger Agreement; Authorization; Contents
A. The boards of directors of the several banks proposing to merge shall authorize the execution of a merger agreement which shall contain; (1)...
- Section 17:9a-135 - Capital Requirements
A. When all the parties to a merger were organized prior to the effective date of this act, the capital stock of the receiving...
- Section 17:9a-136 - Approval Of Agreement By Commissioner; Review
A. The merger agreement, executed by all the parties thereto, shall be submitted to the commissioner who shall, within sixty days from the date...
- Section 17:9a-137 - Submission Of Agreement To Stockholders; Filing
A. If the commissioner approves the merger agreement, it shall, within 180 days after the date of such approval, be submitted to the stockholders...
- Section 17:9a-138 - Merger Agreement As Evidence
A. A copy of the merger agreement, certified by the commissioner, shall be evidence in all courts and places. B. A copy of the...
- Section 17:9a-139 - Corporate Existence; Offices; Rights And Obligations
Upon the merger of 2 or more banks, (1) the corporate existence of each merging bank shall be merged into that of the receiving...
- Section 17:9a-140 - Rights Of Dissenting Stockholders; Settlement By Agreement
A. A stockholder who (1) is entitled to vote at the meeting of stockholders prescribed by section 137; and who (2) serves a written...
- Section 17:9a-141 - Appointment Of Appraisers
If a stockholder fails to accept the sum offered for his shares pursuant to section one hundred forty, he may, within three weeks after...
- Section 17:9a-142 - Duties Of Appraisers; Report; Objections; Compensation; Vacancies
A. The appraisers shall be sworn to the faithful discharge of their duties. They shall meet at such place or places, and shall give...
- Section 17:9a-143 - Assignment Of Stock To Bank
Upon payment by the bank of the value of shares of stock pursuant to this article, the holder thereof shall assign such shares to...
- Section 17:9a-144 - Effect Of Stockholder's Failure To Act
A stockholder who fails to act pursuant to sections 140 or 141 shall be forever barred from bringing any action to enforce his right...
- Section 17:9a-145 - Obligation Of Bank To Pay Stockholder
An offer by the bank and an acceptance thereof by the stockholder pursuant to section 140 and the determination of value upon proceedings brought...
- Section 17:9a-146 - Action To Enjoin Merger
A. A stockholder may, not later than five days prior to the date of the meeting called pursuant to section one hundred thirty-seven institute...
- Section 17:9a-147 - Issuance Of New Stock Certificates
A. The receiving bank shall require each stockholder of each merging bank to surrender his certificates of capital stock of each such bank, and...
- Section 17:9a-148 - "Applicable Federal Law" Defined; Merger, Consolidation Of Banks, National Banking Associations
148. A. As used in subsection B. of this section, "applicable federal law" means the laws of the United States, as presently enacted and...
- Section 17:9a-149 - Prerequisites To Conversion; Definition Of "Applicable Federal Law"
A. As used in this article, "applicable Federal law" means the laws of the United States, as presently enacted and as hereafter from time...
- Section 17:9a-150 - Procedure
The submission to the commissioner of the certificate of incorporation, the plan of conversion, and the affidavit pursuant to section 149, shall constitute an...
- Section 17:9a-151 - Capital Stock And Surplus
The capital stock and surplus of a bank incorporated pursuant to this article shall be at least equal to the minimum capital stock and...
- Section 17:9a-152 - Effect Of Conversion
Upon compliance with the requirements of this article, (1) the bank shall be authorized to transact business pursuant to this act; (2) the property...
- Section 17:9a-153 - Rights Of Dissenting Stockholders
A stockholder of a national banking association which converts into a bank pursuant to this article may make a demand for and receive payment...
- Section 17:9a-154 - Issuance Of Stock
Stockholders of a national banking association who do not demand payment for their shares of stock as specified in section 153, shall become stockholders...
- Section 17:9a-154.1 - Conversion Without Approval Of State Officials; Certificate Required
A bank, as defined in section 1 of "An act concerning banking and banking institutions (Revision of 1948)," approved April twenty-ninth, one thousand nine...
- Section 17:9a-155 - Procedure
A. A bank may be dissolved in the manner provided by sections 14A:12-3 or 14A:12-4 of Title 14A, Corporations, General, of the New Jersey...
- Section 17:9a-156 - Effect
Upon its dissolution pursuant to section 155 or upon the filing of an order of the commissioner pursuant to section 17, the bank, its...
- Section 17:9a-157 - Application Of Article
A bank may reorganize in the manner provided by this article if (1) it is insolvent, or has suspended its business for lack of...
- Section 17:9a-158 - Who May Propose Plan; Approval Or Disapproval By Commissioner
A. The commissioner, a bank acting by its board of directors, or three or more depositors or other creditors of the bank who have...
- Section 17:9a-159 - Action For Approval Of Plan
A. The commissioner, or the bank, if either is the proponent of a plan of reorganization, or other proponents of a plan which has...
- Section 17:9a-160 - Jurisdiction Of Superior Court
The Superior Court shall have jurisdiction of actions pursuant to this article and to make such orders and judgments as may be necessary to...
- Section 17:9a-161 - Provisions Of Plan Of Reorganization
A. Every plan of reorganization shall state: (1) the names of the persons who will be the directors of the bank; (2) the names...
- Section 17:9a-162 - Approval Of Plan By The Court
The proposed plan may be modified under the direction of the court. If, after a hearing, the court shall find that the plan, as...
- Section 17:9a-163 - Transmittal Of Plan And Court Approval To Creditors And Stockholders
Upon approval of the plan by the court, as provided by section 162, the commissioner or receiver who is in possession of the property...
- Section 17:9a-164 - Acceptance Or Rejection Of Plan
A. Following the approval of a plan by the court and its transmittal to depositors, other creditors and stockholders pursuant to sections 162 and...
- Section 17:9a-165 - Provision For Classes Of Creditors Or Stockholders Not Bound By Plan
A. The court, upon such notice and hearing as it shall determine, shall, subject to confirmation of the plan, provide for any class of...
- Section 17:9a-166 - Confirmation Of Plan
If the court, upon such notice and hearing as it shall prescribe shall be satisfied that depositors, other creditors and stockholders holding two-thirds in...
- Section 17:9a-167 - Allowances For Services, Costs And Expenses
The Superior Court may allow reasonable compensation for services rendered and reimbursement for proper costs and expenses incurred by the commissioner, the bank, and...
- Section 17:9a-168 - Consummation Of Plan
A. If no appeal from the judgment confirming the plan is pending at the expiration of the time limited for taking appeals, a copy...
- Section 17:9a-169 - Amendment Of Certificate Of Incorporation
A. Whenever a plan of reorganization confirmed by the court and filed in the department contains one or more provisions which may be effected...
- Section 17:9a-170 - Modification Of Plan
A. A plan of reorganization may be modified, with the approval of the Superior Court, at any time prior to the issuance of the...
- Section 17:9a-171 - Effect Of Reorganization Upon Claims And Property
Upon the issuance of the certificate of authority pursuant to subsection C of section 168, (1) the plan shall be binding upon the bank...
- Section 17:9a-173 - Limitation On Actions
No reorganization effected pursuant to the provisions of this article shall be questioned in any action in any court unless such action is instituted...
- Section 17:9a-174 - Application Of Article
A. The provisions of this article shall apply to the investment of the funds of all savings banks. All investments of money and all...
- Section 17:9a-175 - Federal, State, County And Municipal Securities
A. A savings bank may invest in (1) stocks, bonds, and notes or obligations of or guaranteed by the United States, or those for...
- Section 17:9a-175.1 - Obligations Of Canadian Government, Provinces Or Cities
A. A savings bank may invest in (1) bonds, debentures, notes or other obligations issued, guaranteed or assumed as to both principal and interest...
- Section 17:9a-175.2 - Definitions
As used in this act, the following words and terms shall be deemed to have the following meanings: (a) The word "unit" shall mean...
- Section 17:9a-175.3 - Revenue Bonds Of Governmental Unit Payable From Revenues Of Utility Operated By Unit
A savings bank may, in addition to other investments, presently or from time to time hereafter authorized by law (including specifically revenue bonds so...
- Section 17:9a-175.4 - Restriction On Investment By Savings Banks
No savings bank shall make an investment pursuant to this act at any time (a) when the total of all of such investments exceeds,...
- Section 17:9a-175.5 - Construction Of Act
Nothing in this act shall be construed to enlarge the classes of investments permitted for fiduciaries, or any other type of investor whose investments...
- Section 17:9a-177 - Railroad Bonds
A. For the purposes of this section, (1) "railroad company" shall include predecessor and constituent corporations, and shall mean a railroad company which is...
- Section 17:9a-178 - Public Utility Bonds And Debentures
A. As used in this section, (1) "bonds of a public utility company" and "debentures or other bonds of a public utility company" shall...
- Section 17:9a-179 - Equipment Obligations
Subject to the limitations prescribed by section 179.1 a savings bank may invest in equipment obligations or certificates secured by (a) a railroad equipment...
- Section 17:9a-179.1 - Limitations On Investments In Railroad Obligations
A. No savings bank shall make an investment pursuant to section 177 or section 179 at any time when the total of all its...
- Section 17:9a-180 - Industrial Obligations
A. A savings bank may invest in bonds, debentures, notes, or other obligations which mature within thirty years from the time of the investment,...
- Section 17:9a-180.1 - Corporate Interest Bearing Securities Not Otherwise Eligible
A savings bank may, in addition to other investments presently or from time to time hereafter authorized by law, invest in corporate interest-bearing securities...
- Section 17:9a-180.2 - Limitations On Investments In Such Corporate Interest Bearing Securities
No savings bank shall make an investment pursuant to this act at any time when the total of all such investments in obligations of...
- Section 17:9a-180.3 - Additional Limitation On Investments In Such Corporate Interest Bearing Securities
No savings bank shall make an investment pursuant to this act at any time when the total of all such investments exceeds, or if...
- Section 17:9a-180.3a - Transfer Of Securities To Other Classes Becoming Eligible For Investment; Determination Of Limitations
Whenever a savings bank shall have made an investment pursuant to the act to which this is a supplement and any such security shall...
- Section 17:9a-180.4 - Classes Of Investments For Fiduciaries Or Others Not Enlarged
Nothing in this act shall be construed to enlarge the classes of investments permitted for fiduciaries or any other type of investor whose investments...
- Section 17:9a-180.5 - Investment In Corporate Stock
A savings bank may, in addition to other investments, presently or from time to time hereafter authorized by law, invest in (1) stocks, preferred...
- Section 17:9a-180.6 - Limitation On Investment In Corporate Stock; Exemptions
No savings bank shall make an investment in the stock of any corporation pursuant to this act, except in investment under section 1(2), hereof,...
- Section 17:9a-180.7 - Investment In Stocks Limited To Certain Percentage Of Surplus
No savings bank shall make an investment pursuant to this act at any time when the total of all such investments exceeds, or if...
- Section 17:9a-180.8 - Regulations Regarding Investments In Stocks
The Commissioner of Banking and Insurance may issue such regulations as he finds necessary and proper to carry out the provisions of this act....
- Section 17:9a-180.9 - "Surplus" Defined
As used in sections 2 and 3 hereof, surplus of a savings bank shall mean the total of its surplus, undivided profits and unallocated...
- Section 17:9a-180.10 - Legal Investments For Fiduciaries And Others Not Enlarged
Nothing in this act shall be construed to enlarge the classes of investments permitted for fiduciaries or any other type of investor whose investments...
- Section 17:9a-180.11 - Investments In Debentures Of New York Trust Companies
A savings bank may, in addition to other investments presently or from time to time hereafter authorized by law, subscribe for, purchase, hold and...
- Section 17:9a-182 - Loans On Collateral Security
A. In addition to loans elsewhere in this act authorized, a savings bank may make loans (1) to a depositor, in a sum or...
- Section 17:9a-182.1 - Regulations Authorizing Certain Loans And Investments; Powers Of Commissioner
The Commissioner of Banking and Insurance shall have power to make, amend and repeal regulations authorizing savings banks to make specified kinds of loans...
- Section 17:9a-182.2 - Objective Of Regulations
In exercising the power conferred upon him by this act, the commissioner shall consider the statutes, regulations and rulings governing the lending and investing...
- Section 17:9a-182.3 - Investment In Specified Investment Securities Not Otherwise Authorized; Regulations
The Commissioner of Banking shall have power to make, amend and repeal regulations authorizing savings banks to invest in specified investment securities not authorized...
- Section 17:9a-183 - Legality Of Investments; Retention Of Investments
A. The board of managers, in determining whether any investment is lawful, may rely upon statistical, financial, corporate or other information as to such...
- Section 17:9a-184 - Deposits; Maximum And Minimum Amounts
A. Subject to paragraph C. of this section, a savings bank may receive on deposit any sum of money which may be offered for...
- Section 17:9a-185 - Payment To Depositors; Regulations
Subject to the provisions of article 35, the deposits made in a savings bank, together with any dividend or interest credited thereto, shall be...
- Section 17:9a-186 - Interest And Dividends
A. Except as may otherwise be hereinafter provided or provided by law now or hereafter enacted or by rules and regulations promulgated pursuant to...
- Section 17:9a-187 - Reserve Balances
A. Every savings bank shall maintain reserve balances on deposits and on such other liabilities of the savings bank in amounts as prescribed by...
- Section 17:9a-188 - Board Of Managers; Number; Qualifications; Oath
188. Board of managers; number; qualifications; oath. A. (1) Except as otherwise provided by subsection L of this section, every savings bank shall be...
- Section 17:9a-189 - Board Of Managers; Change In Number
A. Subject to the provisions of subsection L of section one hundred eighty-eight, the board of managers may, from time to time, increase or...
- Section 17:9a-190 - By-laws; Chairman Of The Board; Committees
A. The board of managers of every savings bank shall have power to make, amend and repeal by-laws not inconsistent with this act, providing...
- Section 17:9a-191 - Officers; Tenure
191. The board of managers may elect from its own number or otherwise, such officers as it may from time to time see fit...
- Section 17:9a-192 - Officers And Managers; Removal
A. A manager of a savings bank may be removed at any time by vote of two-thirds of the entire membership of the board...
- Section 17:9a-193 - Officers And Managers; Compensation
A savings bank may pay its managers for attendance at meetings of the board, or for service upon committees, or for other service rendered,...
- Section 17:9a-194 - Officers And Managers; Bonding
Every savings bank shall cause its managers, officers and employees to be bonded in the manner required by section 115. For the purposes of...
- Section 17:9a-195 - Officers And Managers; Permitted Loans
Officers and managers; permitted loans. The Commissioner of Banking may promulgate rules and regulations for the purpose of establishing the terms and conditions of...
- Section 17:9a-196 - Retirement Benefits For Officers And Employees
A savings bank may pay retirement and other benefits to its officers and employees in the manner provided by the Banks' and Savings Banks'...
- Section 17:9a-197 - Amendments To Certificate Of Incorporation; Objects
A savings bank may, by amending its certificate of incorporation in the manner provided by this article (1) change its corporate name; or (2)...
- Section 17:9a-197.1 - Savings Bank Official Immunity
Notwithstanding the provisions of section 197 of P.L. 1948, c. 67 (C. 17:9A-197), a savings bank may, by amending its certificate of incorporation in...
- Section 17:9a-198 - Amendment Procedure
198. A. Whenever the board of managers of any savings bank shall deem it advisable to amend the certificate of incorporation, it shall, by...
- Section 17:9a-199 - What Savings Banks May Merge
Any two or more savings banks, may, with the approval of the commissioner, merge one or more of them into another of them, as...
- Section 17:9a-200 - Merger Agreement; Authorization
The boards of managers of the several savings banks proposing to merge shall, by a vote of two-thirds of the members of each board...
- Section 17:9a-201 - Adjustment Of Interests Of Depositors
The merger agreement, for the purpose of equalizing or adjusting the interests of the respective depositors of the merging savings banks in the respective...
- Section 17:9a-202 - Surplus Requirements
The surplus of the savings bank after the merger shall at least equal the sum of the following: (1) the minimum capital deposits required...
- Section 17:9a-203 - Approval Of Agreement By Commissioner; Review
The merger agreement, executed by all the parties thereto, shall be submitted to the commissioner, and thereafter all proceedings thereon shall be as prescribed...
- Section 17:9a-204 - Publication Of Notice Of Merger Agreement; Filing
A. If the commissioner approves the merger agreement, it shall be open to the inspection of depositors and other parties in interest at the...
- Section 17:9a-205 - Corporate Existence; Offices; Rights And Obligations
A. Upon the merger of two or more savings banks (1) the corporate existence of each merging savings bank shall be merged into that...
- Section 17:9a-206 - Certified Copy Of Agreement; Use As Evidence; Recording
A. A copy of the merger agreement, certified by the commissioner, shall be evidence in all courts and places. B. A copy of the...
- Section 17:9a-207 - Dissolution; Procedure
A. If the managers of a savings bank deem it advisable and in the public interest that the savings bank be dissolved, they shall,...
- Section 17:9a-208 - Surplus; Determination By Savings Bank
A. For the purpose of determining the surplus of a savings bank from time to time, the board of managers shall value the assets...
- Section 17:9a-209 - Use Of Capital Stock Or Surplus
A. No bank shall use any part of its capital stock or surplus paid in pursuant to its certificate of incorporation until it receives...
- Section 17:9a-210 - Write-up Of Assets; Changes In Reserves
No bank or savings bank shall, except with the written approval of the commissioner, write up any of its assets, or reduce or eliminate...
- Section 17:9a-211 - Liability Secured By Own Stock
No bank shall permit the incurring of any liability to it on the security of shares of its own capital stock; but a bank...
- Section 17:9a-212 - Acquisition Of Own Stock
Acquisition of own stock. a. Except as otherwise provided in this section, no bank or capital stock savings bank shall purchase or otherwise acquire...
- Section 17:9a-213 - Limitations On Exercise Of Powers.
213. Limitations on exercise of powers. (a) Except as otherwise provided by law, only a banking institution shall exercise within this State any of...
- Section 17:9a-213.1 - Limitation On Powers Of Banks, Savings Banks.
213.1. Except as in this act or otherwise by law provided, and except for letters of credit issued pursuant to N.J.S.12A:5-101 et seq., no...
- Section 17:9a-213.2 - Violations Of Law, Regulation By Qualified Corporation; Penalty
If the Commissioner of Banking finds that a qualified corporation is conducting its business in violation of any law or regulation of this State...
- Section 17:9a-214 - Violations; Penalty
A violation of this article shall be a misdemeanor and the Superior Court shall have jurisdiction to enjoin such violation at the suit of...
- Section 17:9a-215 - Minors' Deposit Accounts
Deposits may be made with a banking institution by or in the name of a minor. A minor may endorse and deposit to the...
- Section 17:9a-219 - Cofiduciaries' Deposit Accounts
Instruments for the payment of money may be indorsed and deposited to the credit of an account of cofiduciaries with a banking institution, and...
- Section 17:9a-221 - Authority Of Depositor's Agent To Indorse And Deposit Instruments After Death Or Incompetency Of The Depositor
The death or incompetency of a depositor who has in writing appointed an agent to indorse instruments for the payment of money and to...
- Section 17:9a-222 - Deposits Of Interstate Bodies
A banking institution accepting deposits from the Port of New York Authority, or the Palisades Interstate Park Commissioners, or the Delaware River Joint Commission...
- Section 17:9a-223 - Adverse Claim To Deposits
Notice to any banking institution of an adverse claim to a deposit to the credit of any person shall not be effectual to cause...
- Section 17:9a-224 - Postponement Of Deposit Payments By Commissioner
A. The commissioner may, whenever in his judgment the circumstances so warrant, direct any bank or savings bank: (1) to postpone for any length...
- Section 17:9a-224.1 - Savings Account Promotions Conducted By Bank.
1. a. A bank or savings bank may conduct a savings promotion provided that the bank or savings bank: (1)conducts the promotion in a...
- Section 17:9a-229.6 - Notice Of Death Of Resident Depositor; Fee Or Service Charge
No bank or trust company after having received notice of the death of a resident depositor shall impose or collect a fee or service...
- Section 17:9a-247 - Banking Records
247. Banking records. a. Any banking institution may cause to have copied or reproduced by any photostatic, photographic, miniature photographic or any other process...
- Section 17:9a-248 - Fiduciary And Agency Records
Any qualified bank, acting in any fiduciary or agency capacity, may cause to have copied or reproduced by any photostatic, photographic, or miniature photographic...
- Section 17:9a-250 - Action Against Directors, Managers, Officers Or Employees; Indemnification
Action against directors, managers, officers or employees; indemnification. A. As used in this section (1) "Corporate agent" means any person who is or was...
- Section 17:9a-251 - Perpetual Existence For Banks And Savings Banks Heretofore Or Hereafter Organized
Every bank and savings bank heretofore or hereafter organized, regardless of the term of its existence specified in its certificate of incorporation, shall have...
- Section 17:9a-252 - Definitions
For the purposes of this article, (1) "bank" shall mean a bank or savings bank; (2) "board of directors" shall include the board of...
- Section 17:9a-253 - Examinations Of A Bank By A Public Accountant Or Other Qualified Person
A. The board of directors of every bank shall cause examinations of the affairs of the bank to be made from time to time...
- Section 17:9a-254 - Report On Examination; Statement By Directors; Filing
A. Within sixty days after the completion of an examination made pursuant to section 253, a report thereof, in such form as the commissioner...
- Section 17:9a-255 - Extensions Of Time By Commissioner
The commissioner shall have power, for good cause shown, to curtail the 6-month period specified in subsection B of section 253, and to extend...
- Section 17:9a-258 - Report Of Assets, Liability; Availability
258. A summary of the report of assets and liabilities as of the end of the most recent fiscal year, required to be submitted...
- Section 17:9a-260 - Examination Of Banks By Commissioner
260. A. The commissioner shall, whenever and as often as the commissioner shall deem it advisable, cause the affairs of every bank, and every...
- Section 17:9a-261 - Enforcement Of Subpoena
If any person shall refuse to obey a subpoena or a subpoena duces tecum issued pursuant to section 260, the Superior Court may, upon...
- Section 17:9a-262 - False Testimony; Perjury
A person who shall willfully testify falsely to a material and relevant matter, upon oath administered by the commissioner, a deputy commissioner, or an...
- Section 17:9a-263 - Immunity Of Person Testifying
Any person who has violated any provision of this act shall be a competent witness and compellable to testify in an examination as provided...
- Section 17:9a-264 - Examinations Confidential; Subpoenas
Every report and copy of a report of examination of a bank or out-of-State bank made by or under the supervision of the commissioner,...
- Section 17:9a-265 - Valuations Of Assets By Commissioner
A.For the purposes of determining whether a bank is insolvent or is in an unsafe or unsound condition to transact business, within the meaning...
- Section 17:9a-266 - Definitions
For the purposes of this article: (1)"Bank" shall mean a bank or savings bank; (2)"Board of directors" shall include the board of directors of...
- Section 17:9a-267 - Commissioner's Powers On Ultra Vires, Unlawful And Unsafe Practices; Review
A.If the commissioner finds that a bank, or an out-of-State bank with a branch in this State, is violating the provisions of its certificate...
- Section 17:9a-268 - Penalty For Failure To Comply With Commissioner's Order
268. A bank, or out-of-State bank with a branch in this State, which continues to violate the provisions of its certificate of incorporation or...
- Section 17:9a-269 - Possession By The Commissioner; Causes; Purposes; Return
A.The commissioner may forthwith take possession of the property and business of any bank (1)Which has failed or refused to comply with the provisions...
- Section 17:9a-271 - Effect Of Possession By Commissioner On Liens; Possession As A Stay
A.All levies, judgments, attachments and other liens, upon property obtained through legal proceedings against a bank when it is insolvent and within four months...
- Section 17:9a-272 - Powers Of Commissioner
A.While in possession of the business and property of a bank, the commissioner may, in the name of the bank (1) Continue the business...
- Section 17:9a-273 - Jurisdiction Of Superior Court
The Superior Court shall have jurisdiction, on application by the commissioner for instructions in respect to the administration of the bank's affairs, to make...
- Section 17:9a-274 - Proceeds Of Liquidation; Deposits; Preference
The proceeds of the liquidation by the commissioner of the assets of a bank shall be held by him, less the costs and expenses...
- Section 17:9a-275 - Employees And Assistants Of Commissioner; Counsel
The commissioner may, from time to time, appoint one or more special assistant deputy commissioners of banking and insurance, who may or may not...
- Section 17:9a-276 - Compensation Of Employees, Assistants, And Counsel
The compensation of the special assistant deputy commissioners, counsel, and of all other persons engaged in the administration of the business and affairs of...
- Section 17:9a-277 - Accounting By Commissioner; Notice To Creditors
On making the first application to the Superior Court for approval of expenses of administration, pursuant to this article, the commissioner shall file in...
- Section 17:9a-279 - Judgment On Accounting
In any proceeding the court shall have jurisdiction to hear and determine in a summary manner or otherwise all matters arising therein, and shall...
- Section 17:9a-280 - Notice To Creditors To Present Claims; Publication; Claims Barred
The commissioner shall, after taking possession of the business and property of a bank, cause notice to be given to all persons, other than...
- Section 17:9a-281 - Verification Of Deposit Balances
The commissioner shall verify all balances due depositors by causing a notice to be mailed to each depositor at his address as it appears...
- Section 17:9a-282 - Rejection Of Claims By Commissioner; Actions
If the commissioner doubts the justice or validity of any claim made pursuant to sections 280 or 281, he shall reject it or shall...
- Section 17:9a-283 - Objections To Allowance Of Claims By Commissioner
The Superior Court shall have jurisdiction, on notice to the commissioner, to hear and to determine, in a summary manner or otherwise, objections to...
- Section 17:9a-284 - Distribution
A. The proceeds of the liquidation of the assets of a bank, the property and business of which the commissioner has taken possession, shall...
- Section 17:9a-285 - Corporate Dissolution
Upon the filing of the certificate in the department pursuant to subsection C of section 284, the bank shall be dissolved, and its corporate...
- Section 17:9a-286 - Unclaimed Funds; Publication; Disposition
A. Within nine months from the date of the order authorizing a final liquidating dividend, the commissioner shall cause a notice to be published...
- Section 17:9a-287 - Unclaimed Funds Held Under Prior Law
Unclaimed funds held by the commissioner, pursuant to any prior law of this State, in trust for the several persons entitled thereto in the...
- Section 17:9a-288 - Unclaimed Funds; Costs
The costs of proceedings taken pursuant to sections 286 and 287 shall be charged ratably by the Clerk of the Superior Court against the...
- Section 17:9a-289 - Unclaimed Funds; Escheat
Sections 286 and 287 shall not relieve the commissioner of any duty or responsibility imposed upon him by Chapter 199, Laws of 1945, as...
- Section 17:9a-290 - Demand By Commissioner For Removal Of Property And Contents Of Safe Deposit Boxes
The commissioner may, after he has taken possession of the property and business of a bank, cause to be mailed to each person claiming...
- Section 17:9a-291 - Inventory And Storage Of Property Not Removed
A. If property shall not be removed as provided in section 290, the commissioner shall cause such property to be inventoried, and, to that...
- Section 17:9a-292 - Delivery Of Property To Claimants
At any time prior to the sale, destruction or other disposition of the contents of a package pursuant to sections 293, 294 and 295,...
- Section 17:9a-293 - Sale Of Unclaimed Property
If, after the expiration of one year from the time of mailing the notice pursuant to section 290, there shall remain any unclaimed property,...
- Section 17:9a-294 - Notice Of Auction
At least sixty days notice of a public auction to be held pursuant to section 293 shall be given by registered mail to each...
- Section 17:9a-295 - Disposition Of Unsold Property
If any property offered for sale at public auction pursuant to section 293 shall not be sold, the commissioner may, without notice, apply to...
- Section 17:9a-296 - Liability Of Third Person
No bank or other depositary to which any property is delivered by the commissioner for safe-keeping pursuant to this article, and no purchaser at...
- Section 17:9a-297 - Other Remedies
The provisions of sections 290 to 296 shall not affect or preclude any other remedy for the enforcement of the claims or rights of...
- Section 17:9a-298 - Application Of Article To Property Held Under Prior Law
If the commissioner shall heretofore have taken possession of the business and property of any bank pursuant to the provisions of law then existing,...
- Section 17:9a-299 - Determination Whether Commissioner Or Agent Shall Wind Up Affairs
When the commissioner has paid in full the claims of all persons, other than stockholders, entitled to share in the distribution of the proceeds...
- Section 17:9a-300 - Election Of Agents; Powers; Vacancies
A. If, at a meeting of stockholders held pursuant to section 299, the holders of a majority of the stock shall vote, in person...
- Section 17:9a-301 - Continuance Of Liquidation By Commissioner
If, at a stockholder's meeting held pursuant to section 299, the stockholders vote to have liquidation continued by the commissioner, the commissioner shall continue...
- Section 17:9a-302 - Liability Of Commissioner
The commissioner shall not be subject to any civil liability or penalty nor to any criminal prosecution for any error in judgment or discretion...
- Section 17:9a-303 - Refusal Or Failure Of Commissioner To Take Possession; Jurisdiction Of The Superior Court; Appointment Of Receiver
A. When a bank is insolvent or has suspended its business for lack of funds to carry it on, a creditor or stockholder may...
- Section 17:9a-304 - Acceptance Of Loans From Federal Government
While in possession of the business and property of a bank pursuant to the provisions of this article, the commissioner, or a receiver or...
- Section 17:9a-305 - Continuance Of Banking Advisory Board
The banking advisory board heretofore created and established in the department is continued, subject to the provisions of this act. L.1948,c.67,s.305.
- Section 17:9a-306 - Members; Qualifications
The board shall consist, as heretofore, of the commissioner, who shall be ex officio the chairman of the board, and nine other members appointed...
- Section 17:9a-307 - Term Of Office; Removal; Vacancies
A. The members of the banking advisory board appointed prior to the effective date of this act shall continue in office for the terms...
- Section 17:9a-308 - Expenses Of Members
The members of the banking advisory board shall serve without compensation, but shall be reimbursed for their actual and necessary expenses in attending meetings...
- Section 17:9a-309 - Meetings; Quorum
A. The board shall meet at least bimonthly at such times and places in the State as it may determine. The commissioner may call...
- Section 17:9a-310 - Secretary; Appointment, Qualifications And Duties
The board shall elect a secretary who may be an employee of the department, but who shall receive no extra compensation for serving as...
- Section 17:9a-311 - Powers Of The Banking Advisory Board
A. In addition to the powers elsewhere in this act conferred upon it, the banking advisory board shall have power, by two-thirds vote of...
- Section 17:9a-312 - Access To Departmental Records; Information Confidential
For the purpose of discharging its duties, the board shall have access to all records in the department, including reports and confidential communications, but...
- Section 17:9a-313 - Liability Of Members
No member of the board, including the commissioner, shall be personally liable for any act done or omitted in connection with the performance of...
- Section 17:9a-314 - Report To Governor
The board shall submit to the Governor annually, on or before December 1, a report of the activities of the board during the period...
- Section 17:9a-316 - Limitations On Transaction Of Business By Foreign Banks In This State
316. A. Except as otherwise provided pursuant to section 1 of P.L.1989, c.245 (C.17:9A-19.2) and sections 37 through 86 of P.L.1996, c.17 (C.17:9A-418 through...
- Section 17:9a-316.1 - Merger Or Consolidation, Foreign Bank Acting As Fiduciary As Successor To Party To
Nothing in section three hundred sixteen of chapter sixty-seven of the laws of one thousand nine hundred and forty-eight (The Banking Act of 1948)...
- Section 17:9a-316.2 - Validation Of Fiduciary Acts By Foreign Banks Resulting From Merger Or Consolidation
Any fiduciary act, including but not by way of limitation, any conveyance of real property situated in this State, heretofore done by any foreign...
- Section 17:9a-316.3 - Investment In Common Trust Funds By Foreign Bank Under Certain Circumstances
1.A foreign bank authorized by section 316 of P.L.1948, c.67 (C.17:9A-316) to act as trustee, fiduciary, executor, testamentary trustee or guardian may, when acting...
- Section 17:9a-317 - Qualification Of Foreign Bank As Fiduciary
317. As a prerequisite to its qualification in any fiduciary capacity specified in section 316, in any court of this State, a foreign bank...
- Section 17:9a-318 - Application For Certificate Of Authority
318. A foreign bank desiring to secure a certificate of authority to transact business in this State shall make application to the commissioner therefor...
- Section 17:9a-319 - Issuance, Denial Of Certificate Of Authority
319. A. Within 60 days following the receipt of the application of a foreign bank for a certificate of authority to transact business in...
- Section 17:9a-322 - Certificate Of Authority To Continue In Force
322. A certificate of authority issued to a foreign bank shall continue in force, unless revoked by the commissioner or surrendered by the foreign...
- Section 17:9a-325 - Additional Statements By And Examinations Of Foreign Banks
A. So long as a foreign bank shall be obligated in any manner with respect to any estate or trust administered under the laws...
- Section 17:9a-326 - Certificate Of Authority; Revocation
326. The commissioner shall revoke the certificate of authority or renewal thereof of a foreign bank if: (1) the foreign bank has ceased to...
- Section 17:9a-327 - Procedure On Revocation
Before any certificate of authority or renewal of a certificate of authority of a foreign bank shall be revoked by the commissioner, he shall...
- Section 17:9a-328 - Review Of Commissioner's Refusal To Issue A Certificate Or His Revocation Of A Certificate
A. If the commissioner shall fail for sixty days to act upon an application for a certificate of authority, or shall fail for thirty...
- Section 17:9a-329 - Surrender Of Certificate Of Authority
A certificate of authority or a certificate of renewal of a certificate of authority of a foreign bank may be surrendered by filing in...
- Section 17:9a-330 - Violations; Disabilities; Penalties
A. A foreign bank shall not be entitled to maintain any action in any court of this State on any cause arising out of...
- Section 17:9a-331 - Exempt Transactions
Nothing in this article shall prohibit a foreign bank from (1) contracting in this State with a banking institution for the acquisition by such...
- Section 17:9a-332 - Sale Of Real Property By Foreign Banks In The Possession Of An Administrative Or Court Officer
When the property and business of a foreign bank not authorized to transact business in this State is in the possession of a banking...
- Section 17:9a-333 - Department Of Banking Fees
333. A bank or savings bank shall pay to the commissioner for the use of the State a fee, to be prescribed by the...
- Section 17:9a-334 - Fees Payable By Foreign Banks.
334. A foreign bank shall pay to the commissioner for the use of the State a fee, to be prescribed by the commissioner by...
- Section 17:9a-335 - Costs Of Examination Of A Bank, Savings Bank Or Foreign Bank
Every bank, savings bank and foreign bank shall pay to the commissioner for the use of the State the reasonable costs of each examination...
- Section 17:9a-336 - Repeal Of Prior Law
A. The following sections of the Revised Statutes are hereby repealed: (1) section 7:4-7; (2) sections 7:5-7 to 7:5-10, inclusive; (3) sections 7:6-1 to...
- Section 17:9a-337 - Reference To Revised Statutes And New Jersey Statutes
When any section, chapter or title of the Revised Statutes or the New Jersey Statutes is cited or referred to in this act, such...
- Section 17:9a-338 - Applicability Of Title 14a Of The New Jersey Statutes
Except to the extent specifically made applicable by this act, the provisions of Title 14A of the New Jersey Statutes as enacted and as...
- Section 17:9a-339 - Prior Lawful Acts Not Affected
This act shall not invalidate, terminate, or otherwise affect any act or contract of a bank or savings bank or of the stockholders of...
- Section 17:9a-340 - Separability Of Provisions
If any section or portion of a section of this act shall be invalid for any reason, such invalidity shall not affect the validity...
- Section 17:9a-341 - Headnotes Not Part Of Act
In the construction of this act or any part thereof, no headnote to any article or section shall be deemed to be a part...
- Section 17:9a-342 - Short Title
This act may be cited as "The Banking Act of 1948" . L.1948, c. 67, p. 415, s. 342.
- Section 17:9a-343 - Effective Date Of Act
This act shall take effect on September 16, 1948. L.1948, c. 67, p. 415, s. 343.
- Section 17:9a-355 - Definitions
As used in this act, (1) "Corporation" means a corporation organized under any law of this State heretofore, presently or hereafter in force, for...
- Section 17:9a-356 - Bank Shares; Acquisition By Corporations
2. (1) An acquiring corporation may acquire ownership of all the outstanding shares of the capital stock of one or more banks in the...
- Section 17:9a-357 - Plan Of Acquisition
Plan of acquisition. (1) The boards of directors of the corporation which seeks to become an acquiring corporation and of each bank which seeks...
- Section 17:9a-358 - Approval Of Plan Of Acquisition By Commissioner; Review
(1) The plan of acquisition, executed by all the parties thereto, shall be submitted to the commissioner who shall, within 60 days from the...
- Section 17:9a-359 - Submission Of Plan To Stockholders; Filing
(1) If the commissioner approves the plan of acquisition, it shall, within 120 days after the date of such approval, be submitted to the...
- Section 17:9a-360 - Notice Of Dissent; "Dissenting Stockholder" Defined
(1) Any stockholder of a participating bank electing to dissent from the plan of acquisition may do so by filing with the participating bank...
- Section 17:9a-361 - Valuation Date Of Fair Value
For the purposes of this act, the fair value of the shares of a participating bank shall be determined as of the day before...
- Section 17:9a-362 - Termination Of Right Of Stockholder To Be Paid The Fair Value Of His Shares
(1) The right of a dissenting stockholder to be paid the fair value of his shares shall cease if (a) He has failed to...
- Section 17:9a-363 - Rights Of Dissenting Stockholder
(1) A dissenting stockholder may not withdraw his demand for payment of the fair value of his shares without the written consent of the...
- Section 17:9a-364 - Determination Of Fair Value By Agreement
(1) Within 10 days after the expiration of the period within which stockholders may make written demand to be paid the fair value of...
- Section 17:9a-365 - Procedure On Failure To Agree Upon Fair Value; Commencement Of Action To Determine Fair Value
(1) If the fair value of the shares is not agreed upon within the 30-day period limited by subsection (2) of section 10, the...
- Section 17:9a-366 - Action To Determine Fair Value; Jurisdiction Of Court; Appointment Of Appraiser
In any action to determine the fair value of shares pursuant to this act: (a) The Superior Court shall have jurisdiction and may proceed...
- Section 17:9a-367 - Judgment In Action To Determine Fair Value
(1) A judgment for the payment of the fair value of shares shall be payable upon surrender to the participating bank of the certificate...
- Section 17:9a-368 - Costs And Expenses Of Action
The costs and expenses of bringing an action pursuant to section 11 shall be determined by the court and shall be apportioned and assessed...
- Section 17:9a-369 - Disposition Of Shares
Upon payment for shares pursuant to subsection (2) of section 10, or upon payment of a judgment pursuant to subsection (1) of section 13,...
- Section 17:9a-382 - Definitions
1. As used in sections 1 through 27 of P.L.1987, c.201 (C.17:9A-382 et seq.): a. "Beneficial owner": (1) Includes any person who, directly or...
- Section 17:9a-383 - Prior Approval
2. No person shall, without the prior approval of the commissioner, acting directly or indirectly or through or in concert with one or more...
- Section 17:9a-384 - Application; Hearing
3. a. An application by a person for the approval of the commissioner to obtain control of a capital stock savings bank, to offer...
- Section 17:9a-385 - Factors For Consideration
In determining whether to approve an acquisition of shares or offer to acquire shares pursuant to section 2 of this act, the commissioner shall...
- Section 17:9a-386 - Voter Ineligibility; Registration
5. a. Any shares in excess of 25% of the outstanding voting shares of a capital stock savings bank which are acquired in violation...
- Section 17:9a-387 - Violations, Penalties
6. a. Whenever it appears to the commissioner that any person has engaged in or is about to engage in any act or practice...
- Section 17:9a-388 - Formation Of Mutual Savings Bank Holding Company
The board of managers of an organizing mutual savings bank, by 2/3 vote of the board, may apply to the commissioner to form a...
- Section 17:9a-389 - Certificate Of Incorporation
a. The board of managers of the organizing mutual savings bank shall execute a certificate of incorporation for the mutual savings bank holding company...
- Section 17:9a-390 - Approval Of Charter
If the commissioner determines that the establishment of a mutual savings bank holding company is in the best interests of the depositors of the...
- Section 17:9a-391 - General Powers
a. The general powers of the mutual savings bank holding company shall be those powers conferred on corporations pursuant to the provisions of N.J.S....
- Section 17:9a-392 - Board Of Directors
Every mutual savings bank holding company shall be managed by a board of not less than six nor more than 21 directors. Directors shall...
- Section 17:9a-393 - Bylaws; Executive Committee
a. The board of directors of every mutual savings bank holding company shall have the power to make, amend and repeal bylaws not inconsistent...
- Section 17:9a-394 - Election Of Officers
At the first meeting of the board of directors of the mutual savings bank holding company following each annual meeting, the board may elect...
- Section 17:9a-395 - Distribution Of Surplus
The board of directors of the mutual savings bank holding company may, from time to time, by a majority vote of the directors, divide...
- Section 17:9a-396 - Retention Of Interests In Assets
Upon the formation of a mutual savings bank holding company pursuant to the provisions of this act, the depositors of the organizing mutual savings...
- Section 17:9a-397 - Incorporation Of Subsidiary Bank
The directors of a mutual savings bank holding company which has been established pursuant to sections 7 through 15 of this act may apply...
- Section 17:9a-398 - Submission Of Certificate Of Incorporation
a. The certificate of incorporation of every subsidiary capital stock savings bank established pursuant to this act shall be submitted to the commissioner within...
- Section 17:9a-399 - Approval Of Charter
If the commissioner determines that the qualifications, experience and character of the proposed officers and directors of the subsidiary capital stock savings bank are...
- Section 17:9a-400 - Bylaws Of Subsidiary
a. The stockholders of a subsidiary capital stock savings bank shall have the power to make, alter, and repeal bylaws. The directors of the...
- Section 17:9a-401 - Meetings For Actions On Bylaws
Bylaws shall not be made, altered, or repealed by the stockholders of a subsidiary capital stock savings bank, except at an annual or special...
- Section 17:9a-402 - Amendment Of Certificate Of Incorporation
21. Whenever the board of directors of a subsidiary capital stock savings bank deems it advisable to amend the certificate of incorporation, it shall...
- Section 17:9a-403 - Governance Of Operations
The annual meetings, voting rights of stockholders, liability of stockholders and the maintenance of a subsidiary capital stock savings bank's books and records shall...
- Section 17:9a-404 - Declaration Of Dividends
A subsidiary capital stock savings bank may declare dividends on its capital stock pursuant to the provisions of section 52 of P.L. 1948, c....
- Section 17:9a-405 - Other Powers, Rights, Privileges
a. All other powers, rights, and privileges of a converted savings bank or a subsidiary capital stock savings bank not expressly provided for in...
- Section 17:9a-406 - Merger; Consolidation
a. A subsidiary capital stock savings bank may, pursuant to a plan of merger approved by the commissioner, merge with the organizing mutual savings...
- Section 17:9a-407 - Conversion To Capital Stock Savings Bank
As an alternative to the formation of a subsidiary capital stock savings bank pursuant to the provisions of sections 16 through 24 of this...
- Section 17:9a-408 - Amended Certificate Of Incorporation
In the event that the board of managers elects to follow the procedures provided in subsection b. of section 7 of this act, the...
- Section 17:9a-409 - Definitions Relative To Acquisitions
28.As used in sections 28 through 36 of P.L.1996, c.17 (C.17:9A-409 through C.17:9A-417): "Acquire" means: (1)That a company merges or consolidates with a bank...
- Section 17:9a-410 - Acquisition Of New Jersey Bank, Bank Holding Company
29. Sections 28 through 36 of P.L.1996, c.17 (C.17:9A-409 through C.17:9A-417) set forth the conditions under which a person may acquire a New Jersey...
- Section 17:9a-411 - Approval Of Commissioner Required For Acquisition Of New Jersey Bank Holding Company, Bank
30. a. Except as otherwise expressly permitted by federal law, no person may acquire a New Jersey bank holding company or a New Jersey...
- Section 17:9a-412 - Procedure For Acquisition
31.a. A person that proposes to make an acquisition under sections 28 through 36 of P.L.1996, c.17 (C.17:9A-409 through C.17:9A-417) shall: (1)file with the...
- Section 17:9a-413 - Approval Of Application For Proposed Acquisition
32. a. In deciding whether to approve an application for a proposed acquisition under sections 28 through 36 of P.L.1996, c.17 (C.17:9A-409 through C.17:9A-417),...
- Section 17:9a-414 - Approval Of Acquisition
33. a. The commissioner shall decide whether to approve an acquisition under sections 28 through 36 of P.L.1996, c.17 (C.17:9A-409 through C.17:9A-417) within 60...
- Section 17:9a-415 - Submission Of Report To Commissioner; Violations; Penalty.
34. a. To the extent specified by the commissioner by regulation, order or written request: (1)each bank holding company or person that controls a...
- Section 17:9a-416 - Enforcement Of C.17:9a-409 Through C.17:9a-417
35. The commissioner may enforce the provisions of sections 28 through 36 of P.L.1996, c.17 (C.17:9A-409 through C.17:9A-417) by any appropriate action in the...
- Section 17:9a-417 - Powers Of Commissioner Relative To C.17:9a-409 Through C.17:9a-417
36. In order to carry out the purposes of sections 28 through 36 of P.L.1996, c.17 (C.17:9A-409 through C.17:9A-417) the commissioner may: a.Adopt regulations...
- Section 17:9a-418 - Law, Definitions, Standards Applicable To Foreign Banks
37. a. Sections 37 through 86 of P.L.1996, c.17 (C.17:9A-418 through C.17:9A-467) shall govern the establishment and operation in New Jersey of offices and...
- Section 17:9a-419 - Definitions Relative To Foreign Banks
38. As used in sections 37 through 86 of P.L.1996, c.17 (C.17:9A-418 through C.17:9A-467): "Agency" means any place of business of a foreign bank...
- Section 17:9a-420 - Foreign Bank Offices; Division Into Classes, Ranking
39. a. For purposes of sections 37 through 86 of P.L.1996, c.17 (C.17:9A-418 through C.17:9A-467), offices of foreign banks are divided into classes and...
- Section 17:9a-421 - Fees Relative To Foreign Banks
40.Fees shall be paid to, and collected by, the commissioner as follows: a.The fee for filing with the commissioner an application by a foreign...
- Section 17:9a-422 - Application Procedure
41. a. Each application filed with the commissioner under sections 37 through 86 of P.L.1996, c.17 (C.17:9A-418 through C.17:9A-467) or under any regulation or...
- Section 17:9a-423 - "Act" Defined, Commissioner's Findings Relative To Application
42. a. In this section, "act" includes, without limitation, omission. b.For purposes of making findings on an application by a foreign bank or commercial...
- Section 17:9a-424 - Reports Filed By Foreign Bank, Commercial Lending Company
43. a. Each foreign bank and commercial lending company which is licensed to establish an office shall file with the commissioner reports as and...
- Section 17:9a-425 - Books, Accounts, Records Of Foreign Bank, Commercial Lending Company
44. Each foreign bank and commercial lending company which is licensed to establish an office shall make, keep, and preserve at an office or...
- Section 17:9a-426 - Prohibition On Concurrent Establishment Of Federal And State Branch Office
45. a. No foreign bank which is licensed to establish an agency or branch office shall concurrently establish a federal agency or federal branch...
- Section 17:9a-427 - Opening, Maintenance Of Offices
46. A foreign bank or commercial lending company may open one or more offices in this State. Each office shall be separately licensed and...
- Section 17:9a-428 - Requirement That Commissioner Be Appointed As Attorney To Receive Service Of Process; Service
47. a. (1) No foreign bank, other than a foreign bank which is licensed to establish an agency or branch office, shall be issued...
- Section 17:9a-429 - License Not Transferable, Assignable
48. No license shall be transferable or assignable. L.1996,c.17,s.48.
- Section 17:9a-430 - Posting Of License
49. Each foreign bank and commercial lending company which is licensed to establish an office shall post its license in a conspicuous place at...
- Section 17:9a-431 - Popular Name Assigned To Foreign Bank, Commercial Lending Company
50. a. Each foreign bank and commercial lending company which is licensed to establish an office shall assign to that office a popular name...
- Section 17:9a-432 - Designation Of Primary Office
51. Whenever a foreign bank is licensed to establish two or more offices it shall designate one of those offices as its primary office.
- Section 17:9a-433 - Conduct Of Business In Single Building, Adjoining Buildings; Exceptions
52. Each foreign bank and commercial lending company which is licensed to establish an office shall conduct all of the business of that office...
- Section 17:9a-434 - Examination Of Licensed Office.
53. a. The department shall have the right to examine each office which the commissioner licenses under sections 37 through 86 of P.L.1996, c.17...
- Section 17:9a-435 - Compliance With Applicable Interest Rate Limitations
54. A foreign bank or commercial lending company which makes a loan or extends credit from an office in this State, or books a...
- Section 17:9a-436 - License Required For Establishment Of Representative Office
55. a. No foreign bank shall establish a representative office in this State unless it is licensed to establish a representative office at that...
- Section 17:9a-437 - Approval For Foreign Bank To Establish Representative Office
56. a. (1) No foreign bank shall establish a representative office unless the commissioner shall have first approved the establishment of that office and...
- Section 17:9a-438 - Approval For Relocation Of Representative Office Of Foreign Bank
57. a. No foreign bank which is licensed to establish a representative office shall relocate its office unless the commissioner shall have first approved...
- Section 17:9a-439 - Restrictions Upon Representative Office
58. A foreign bank which is licensed to establish a representative office may, subject to regulations the commissioner may prescribe, engage in representational functions...
- Section 17:9a-440 - Approval For Closing Representative Office Of Foreign Bank
59. a. (1) No foreign bank which is licensed to establish a representative office shall close its office unless the commissioner shall have first...
- Section 17:9a-441 - Existing Office Granted License
60. Any office of a foreign bank existing in this State on the effective date of sections 37 through 86 of P.L.1996, c.17 (C.17:9A-418...
- Section 17:9a-442 - Transaction Of Business Limited To Licensed Agency, Branch Office
61. a. No foreign bank shall transact business in this State except at an agency or branch office which it is licensed to establish...
- Section 17:9a-443 - Approval, License Required For Establishment Of Agency, Branch Office Of Foreign Bank
62. a. (1) No foreign bank shall establish an agency or branch office unless the commissioner shall have first approved the establishment of that...
- Section 17:9a-444 - Approval For Relocation Of Agency, Branch Office Of Foreign Bank
63. a. No foreign bank which is licensed to establish an agency or branch office shall relocate that office unless the commissioner shall have...
- Section 17:9a-445 - Transaction Of Business By Foreign Bank At Agency Or Branch Office
64. a. A foreign bank which is licensed to establish an agency or branch office may transact banking business at that office, subject to...
- Section 17:9a-446 - Report Of Condition, Income
65. a. Whenever the commissioner calls for a report of condition or income from commercial banks organized under the laws of this State, the...
- Section 17:9a-447 - Notice Of Noninsurance Of Deposits
66. Each foreign bank which is licensed to establish an agency or branch office shall, in accordance with the regulations the commissioner may prescribe,...
- Section 17:9a-448 - Compliance With Regulations By Foreign Bank
67. a. If a foreign bank is licensed to establish a depository agency or branch office and such office is not subject to the...
- Section 17:9a-449 - Assets Kept Separate, Apart; Priority Of Creditors
68. a. Each foreign bank which is licensed to transact business in this State shall keep the assets of that business separate and apart...
- Section 17:9a-450 - Definitions Of Adjusted Liabilities And Eligible Assets Relative To Foreign Banks
69. a. In this section: (1)"Adjusted liabilities," when used with respect to a foreign bank, means the liabilities of the bank's business in this...
- Section 17:9a-451 - Definitions Of Adjusted Liabilities, Eligible Assets Relative To Agency Or Branch Offices
70. a. In this section: (1)"Adjusted liabilities," when used with respect to a foreign bank which is licensed to establish an agency or a...
- Section 17:9a-452 - Approval Required For Closing Of Office Of Foreign Bank
71. a. (1) No foreign bank which is licensed to establish an agency or branch office shall close its office unless the commissioner shall...
- Section 17:9a-453 - Transaction Of Business By Commercial Lending Company
72. a. No commercial lending company shall transact business in this State except at an office it is licensed to establish and at which...
- Section 17:9a-454 - Approval For Establishment Of Office Of Foreign Bank, Commercial Lending Company
73. a. No foreign bank and no commercial lending company shall establish an office of a commercial lending company in this State unless the...
- Section 17:9a-455 - Relocation Of Commercial Lending Company
74. a. No commercial lending company which is licensed to establish a commercial lending office shall relocate that office unless the commissioner shall have...
- Section 17:9a-456 - Commercial Lending Company, Functions Permitted
75. A commercial lending company which is licensed to establish a commercial lending office may, subject to such regulations or orders as the commissioner...
- Section 17:9a-457 - Approval For Commercial Lending Company To Close Office
76. a. (1) No commercial lending company which is licensed to establish a commercial lending office shall close its office unless the commissioner shall...
- Section 17:9a-458 - Powers Of Commercial Lending Company Limited
77. The powers of a commercial lending company in this State shall be limited as provided in section 64 and elsewhere in sections 37...
- Section 17:9a-459 - Granting Of Right To Operate As Commercial Lending Company
78. The commissioner shall have the power to grant to any organization which is organized under the laws of this State, including but not...
- Section 17:9a-460 - Voluntary Surrender Of License
79. a. Except as provided in subsection b. of this section, any foreign bank which holds a license to establish an office may voluntarily...
- Section 17:9a-461 - Violations, Penalties
80. If, after notice and a hearing, the commissioner finds that any person has violated any provision of sections 37 through 86 of P.L.1996,...
- Section 17:9a-462 - Suspension, Revocation Of License Of Bank, Commercial Lending Company
81. If, after notice and a hearing, the commissioner finds any of the following with respect to a foreign bank or commercial lending company...
- Section 17:9a-463 - Issuance Of Order Suspending, Revoking License Of Bank, Commercial Lending Company, Hearing
82. a. If the commissioner finds that any of the factors set forth in section 81 of P.L.1996, c.17 (C.17:9A-462) is true with respect...
- Section 17:9a-464 - Surrender Of Suspended, Revoked License
83. Any foreign bank or commercial lending company whose license to establish an office is suspended or revoked shall immediately surrender its license to...
- Section 17:9a-465 - Application To Modify, Rescind Order
84. a. Any foreign bank or commercial lending company to which an order is issued under section 81 or 82 of P.L.1996, c.17 (C.17:9A-462...
- Section 17:9a-466 - Possession Of Property, Business Of Bank By Commissioner
85 .a. If the commissioner finds that any of the factors set forth in section 81 of P.L.1996, c.17 (C.17:9A-462) or in subsection b....
- Section 17:9a-467 - Rules, Regulations, Orders
86. The commissioner shall, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), issue the rules, regulations and orders the commissioner deems...
- Section 17:10b-1 - Definitions
1. As used in this act: "Advance fee" means any consideration which is assessed or collected by a loan broker, prior to the closing...
- Section 17:10b-2 - Prohibitions Relative To Loan Brokers
2. No loan broker shall: a. Assess, collect or hold an advance fee, directly or indirectly, from or on behalf of a borrower to...
- Section 17:10b-3 - Investigations, Examinations By Commissioner
3. a. The commissioner may make such investigations and examinations upon reasonable suspicion as he deems necessary to determine whether a person has violated...
- Section 17:10b-4 - Order To Cease And Desist, Fine
4. a. The commissioner may order a loan broker to cease and desist whenever the commissioner determines that the loan broker has violated, is...
- Section 17:10b-5 - Violations, Penalties, Injunctions, Summary Actions
5. a. Any person who violates any provision of this act shall be liable to a civil penalty of not more than $7,500 for...
- Section 17:10b-6 - Action For Recovery Of Damages
6. a. Any borrower injured by a violation of this act may bring an action for recovery of damages. Judgment shall be entered for...
- Section 17:10b-7 - Nonapplicability Of Act
7. The provisions of this act shall not apply to State or federally chartered banks, savings banks, savings and loan associations or credit unions;...
- Section 17:10b-8 - Rules, Regulations
8. The commissioner may, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), adopt rules and regulations as he deems necessary in...
- Section 17:10c-1 - Residential Mortgage And Consumer Finance Advisory Board.
1.There is created in the Department of Banking and Insurance a Residential Mortgage and Consumer Finance Advisory Board. The board shall consist of the...
- Section 17:10c-2 - Board Duties.
2.The board shall act as a resource to the commissioner by developing and recommending to the commissioner ideas, programs and tools to assist: a.in...
- Section 17:11c-1 - Short Title Amended.
1.Sections 1 through 49 of this act, previously known and cited as the "New Jersey Licensed Lenders Act," shall be known and may be...
- Section 17:11c-2 - Definitions Regarding Licensed Lenders.
2.As used in this act: "Billing cycle" means the time interval between periodic billing dates. A billing cycle shall be considered monthly if the...
- Section 17:11c-3 - License Required For Consumer Lender, Sales Finance Company.
3. a. No person shall engage in business as a consumer lender or sales finance company without first obtaining a license or licenses under...
- Section 17:11c-6 - Exempt Consumer Loan Business, Certain
6. A depository institution, trust company, insurance company, or pawnbroker operating under R.S.45:22-1 et seq., may conduct consumer loan business without obtaining a license...
- Section 17:11c-7 - Conditions For Issuance Of License.
7.The commissioner shall issue a license under this act if the following conditions are met: a.An application for a new license or for a...
- Section 17:11c-8 - Application, Fee.
8. a. (Deleted by amendment, P.L.2009, c.53) b.(Deleted by amendment, P.L.2007, c.81). c.(Deleted by amendment, P.L.2009, c.53) d.An applicant for a new license or...
- Section 17:11c-9 - Maintenance Of Branch Offices By Licensee.
9. a. A consumer lender or sales finance company may maintain a branch office or offices. The licensee shall obtain a license for each...
- Section 17:11c-10 - Information On License; Posting, Disposition Of License.
10. a. The consumer lender or sales finance company license shall state the name of the licensee and the licensee's place of business or...
- Section 17:11c-11 - Issuance, Surrender, Expiration Of License.
11. a. (1) Each consumer lender or sales finance company license issued pursuant to this act shall expire at the end of the license...
- Section 17:11c-12 - Approval Of Transfer, Sale.
12. Any sale or transfer of a controlling interest in a consumer lender or sales finance company licensee's or applicant's business shall be approved...
- Section 17:11c-16 - Net Worth Requirements For Consumer Lenders
16. a. Every applicant for a license as a consumer lender shall prove in a form satisfactory to the commissioner, that the applicant has...
- Section 17:11c-17 - Change Of Address Notice.
17. a. Nothing in this act or in the "Retail Installment Sales Act of 1960," P.L.1960, c.40 (C.17:16C-1 et seq.), shall be construed to...
- Section 17:11c-18 - Commissioner's Authority Relative To Issuance, Revocation, Oversight Of Licenses, Enforcement.
18. The commissioner's authority with respect to issuing consumer lender and sales finance company licenses, and with respect to oversight of licensees and enforcement...
- Section 17:11c-19 - Maintenance Of Books, Accounts, Records, Documents.
19. a. Every consumer lender or sales finance company licensee shall identify the place of business where those books, accounts, records and other documents...
- Section 17:11c-21 - Purchase Of Insurance By Borrowers.
21. a. A borrower shall not be required to purchase credit life or accident and health insurance or credit involuntary unemployment insurance in connection...
- Section 17:11c-32 - Consumer Loans Permitted By Consumer Lender, Terms.
32. a. Notwithstanding the provisions of R.S.31:1-1 or any other law to the contrary, every consumer lender authorized to engage in the consumer loan...
- Section 17:11c-33 - Additional Charges Prohibited On Consumer Loan; Violations.
33. a. In addition to the interest herein provided for on a consumer loan, no further or other charge, or amount whatsoever for any...
- Section 17:11c-34 - Requirements For Consumer Lender Relative To Closed-end Loan.
34. Every consumer lender, incident to a closed-end consumer loan, shall: a.Deliver to the borrower at the time a loan is made a statement...
- Section 17:11c-35 - Limits On Closed-end Consumer Loans
35. a. No closed-end consumer loan in an amount of $1,000 or less shall be made for a greater period of time than 36...
- Section 17:11c-36 - Open-end Consumer Loans; Conditions, Terms.
36. a. A licensee authorized to engage in the consumer loan business may make open-end consumer loans and may contract for, and receive thereon,...
- Section 17:11c-37 - Prohibited Charges For Large Consumer Loans.
37. No licensee authorized to engage in the consumer loan business shall directly or indirectly charge, contract for, or receive any interest, discount, or...
- Section 17:11c-38 - Certain Payments Deemed Loan Secured By Assignment.
38.The payment of $50,000 or less in money, credit, goods or things in action, as consideration for any sale, assignment or order for the...
- Section 17:11c-39 - Validity Of Chattel Mortgage, Security Interest, Conditions
39. No chattel mortgage or security interest, as defined in N.J.S.12A:1-201, in, or other lien on, household furniture then in the possession and use...
- Section 17:11c-40 - Loans Secured By Property.
40.The payment of $50,000 or less in money, credit, goods or things in action as consideration for any sale of personal property which is...
- Section 17:11c-41 - Consumer Lenders, Prohibited Practices.
41. The following practices shall be prohibited and a violation of the "New Jersey Consumer Finance Licensing Act," sections 1 through 49 of P.L.1996,...
- Section 17:11c-42 - Investigations, Examinations Of Licensees.
42. a. The commissioner may make such investigations and examinations of any licensee or other person as the commissioner deems necessary to determine compliance...
- Section 17:11c-43 - Annual Report By Licensees; Violations, Penalties.
43. A consumer lender or sales finance company licensee shall annually file a report with the commissioner which shall set forth such information as...
- Section 17:11c-44 - Agreements Unenforceable, Void
44. Any agreement to waive any provision of this act shall be unenforceable and void. L.1996,c.157,s.44.
- Section 17:11c-49 - Rules, Regulations
49. The commissioner may issue and promulgate rules and regulations, in accordance with the "Administrative Procedure Act," P.L.1968, c. 410 (C.52:14B-1 et seq.), necessary...
- Section 17:11c-51 - Short Title.
1.Sections 1 through 39 of P.L.2009, c.53 (C.17:11C-51 through C.17:11C-89) shall be known and may be cited as the "New Jersey Residential Mortgage Lending...
- Section 17:11c-52 - Findings, Declarations Relative To Certain Licensed Lending Activities.
2.The Legislature finds and declares that the activities of residential mortgage lenders and residential mortgage brokers, previously licensed in New Jersey as mortgage bankers,...
- Section 17:11c-53 - Definitions Relative To Certain Licensed Lending Activities.
3.As used in this act: "Borrower" means any individual applying for a loan from a licensee licensed under this act, whether or not the...
- Section 17:11c-54 - Licensing Requirements.
4.Except as provided under section 5 of this act, beginning no later than July 31, 2010, or a later date approved by the Secretary...
- Section 17:11c-55 - Inapplicability Of Act.
5.The requirements of this act shall not apply to: a.Depository institutions; but subsidiaries and service corporations of these institutions shall not be exempt. b.A...
- Section 17:11c-56 - Conditions For Issuance Of Licenses For Residential Mortgage Lenders, Brokers.
6.Beginning no later than July 31, 2010, or a later date approved by the Secretary of the United States Department of Housing and Urban...
- Section 17:11c-57 - Issuance Of Licenses For Mortgage Loan Originators, Residential Mortgage Lenders, Brokers.
7.Beginning no later than July 31, 2010, or a later date approved by the Secretary of the United States Department of Housing and Urban...
- Section 17:11c-58 - Fees For License Applications.
8. a. An applicant for a new license or for a renewal of a license to be a residential mortgage lender or residential mortgage...
- Section 17:11c-59 - Required Educational Courses.
9. a. An applicant for a new license as a mortgage loan originator or a qualified individual licensee shall complete, as a pre-licensing requirement,...
- Section 17:11c-60 - Written Test Required For Licensure.
10. a. (1) An applicant for a new license as a mortgage loan originator or a qualified individual licensee shall pass, as a pre-licensing...
- Section 17:11c-61 - Educational Requirements For License Renewal.
11. a. An applicant for a renewal of a license as a mortgage loan originator or a qualified individual licensee, shall complete, as a...
- Section 17:11c-62 - Registration, Assignment Of Unique Identifier.
12. a. An applicant for an initial license or for a renewal of a license as a mortgage loan originator or a qualified individual...
- Section 17:11c-63 - Business Licensee Required To Obtain Blanket Bond.
13. A business licensee, prior to doing business as a residential mortgage lender or residential mortgage broker, shall obtain a blanket bond in an...
- Section 17:11c-64 - Minimum Net Worth Required For Applicant For Business License.
14. a. (1) Each applicant for a business license as a residential mortgage lender shall demonstrate that it has tangible net worth of at...
- Section 17:11c-65 - Maintenance Of Branch Offices By Business Licensee.
15. a. A residential mortgage lender or residential mortgage broker that is a business licensee may maintain a branch office or offices. The business...
- Section 17:11c-66 - Construction Of Act Relative To Maintenance Of Office In-state.
16. a. Nothing in this act shall be construed to require a business licensee that is licensed as a residential mortgage lender or residential...
- Section 17:11c-67 - Regulations Relative To License.
17. a. (1) The license for a residential mortgage lender or residential mortgage broker, including a qualified individual licensee, shall state the name of...
- Section 17:11c-68 - Expiration, Continuance, Reinstatement, Surrender Of License.
18. a. Each residential mortgage lender, residential mortgage broker, and mortgage loan originator license issued pursuant to this act shall expire in accordance with...
- Section 17:11c-69 - Approval For Sale, Transfer Of Controlling Interest.
19. Any sale or transfer of a controlling interest in a residential mortgage lender or residential mortgage broker applicant's or licensee's business shall be...
- Section 17:11c-70 - Authority Of Commissioner Relative To Issuing Licenses.
20. a. The commissioner's authority with respect to issuing licenses shall include the following: (1)The commissioner may access, receive and use any information or...
- Section 17:11c-71 - Identification Of Place Of Business, Storing Of Books, Accounts, Records; Accessibility.
21. a. Every residential mortgage lender, residential mortgage broker, and mortgage loan originator shall identify the place of business where those books, accounts, records...
- Section 17:11c-72 - Provision Of Unique Identifier Required.
22. a. Every residential mortgage lender or residential mortgage broker as qualified individual licensees, and every mortgage loan originator licensee shall provide, in a...
- Section 17:11c-73 - Insurance Requirements For Borrowers.
23. a. A borrower shall not be required to purchase credit life or accident and health insurance or credit involuntary unemployment insurance in connection...
- Section 17:11c-74 - Permitted Fees.
24. a. Notwithstanding the provisions of any other law, a residential mortgage lender, incidental to the origination, processing and closing of any mortgage loan...
- Section 17:11c-75 - Prohibited Practices, Violations.
25. The following practices shall be prohibited and a violation of this act with respect to any mortgage loan: a.No person shall use the...
- Section 17:11c-76 - Closed-end Loan Permitted, Certain Circumstances, Interest Rates.
26. a. Notwithstanding the provisions of R.S.31:1-1 or any other law to the contrary, a residential mortgage lender may make a closed-end loan as...
- Section 17:11c-77 - Open-end Loan Permitted, Certain Circumstances, Interest Rates.
27. Notwithstanding the provisions of R.S.31:1-1 or any other law to the contrary, and subject to all applicable provisions of this act, a licensed...
- Section 17:11c-78 - Requirements For Instrument Evidencing A Secondary Mortgage Loan.
28. An instrument evidencing a secondary mortgage loan shall: a.Be in the form of a promissory note for a closed-end loan, and in the...
- Section 17:11c-79 - Prohibited Wording For Secondary Mortgage Loan.
29. No writing of any kind executed in connection with a secondary mortgage loan shall contain: a.A power of attorney to confess judgment. b.An...
- Section 17:11c-80 - Prohibited Actions Relative To Secondary Mortgage Loan; Exceptions.
30. a. A licensee acting as a residential mortgage lender shall not contract for, charge, receive or collect directly or indirectly, any of the...
- Section 17:11c-81 - Regulations Relative To Collection Of Interest.
31. a. If a residential mortgage lender charges or collects interest, costs or other charges on a secondary mortgage loan in excess of those...
- Section 17:11c-82 - Required Actions Relative To Secondary Mortgage Loans.
32. A residential mortgage lender shall, in connection with a secondary mortgage loan: a.Give to the borrower, without charge, a copy of every instrument,...
- Section 17:11c-83 - Additional Prohibited Practices, Violations.
33. In addition to the prohibited practices set forth pursuant to section 25 of this act for any mortgage loan, the following shall be...
- Section 17:11c-84 - Investigation By Commissioner.
34. a. The commissioner may investigate or examine any residential mortgage lender, residential mortgage broker, mortgage loan originator, or other person as the commissioner...
- Section 17:11c-85 - Reporting Requirements.
35. a. (1) Every residential mortgage lender and residential mortgage broker shall annually file a report with the commissioner, which shall set forth any...
- Section 17:11c-86 - Agreements Unenforceable, Void.
36. Any agreement to waive any provision of this act shall be unenforceable and void. L.2009, c.53, s.36.
- Section 17:11c-87 - Applicability To Mortgage Loans.
37. The provisions of this act shall apply to any mortgage loan: a.Advertised, caused to be advertised, solicited, negotiated, offered, or otherwise transacted within...
- Section 17:11c-88 - Noncompliance, Effect On Validity, Enforcement Of Mortgage Loans.
38. The failure of any person to comply with the provisions of this act shall not affect the validity or enforceability of any mortgage...
- Section 17:11c-89 - Rules, Regulations.
39. The commissioner may issue and promulgate rules and regulations, in accordance with the "Administrative Procedure Act," P.L.1968, c. 410 (C.52:14B-1 et seq.), necessary...
- Section 17:11d-1 - Definitions Relative To Tax Preparation Services.
1.As used in this act: "Client" means an individual who engages the services of a tax preparer. "Commissioner" means the Commissioner of Banking and...
- Section 17:11d-2 - Actions Prohibited To Tax Preparer.
2.No tax preparer shall: a.Without reasonable cause, fail to promptly, diligently and without unreasonable delay complete a client's tax return; b.Obtain the signature of...
- Section 17:11d-3 - Refund Anticipation Loans, Compliance, Disclosures Required.
3. a. Any tax preparer offering, facilitating, or making refund anticipation loans shall comply with the provisions of the "New Jersey Consumer Finance Licensing...
- Section 17:11d-4 - Itemized Statement Of Service Charges.
4.A tax preparer shall provide an itemized statement of service charges to the client, including, but not limited to, charges for each of the...
- Section 17:11d-5 - Additional Penalties.
5.In addition to any sanctions provided by N.J.S.2C:21-19, R.S.31:1-1 et seq., or any other provision of law, a tax preparer who violates any provision...
- Section 17:11d-6 - Inapplicability Of Act.
6.The provisions of this act shall not apply to: a.a tax preparer providing tax preparation services to less than six clients per calendar year;...
- Section 17:11d-7 - Rules, Regulations.
7.The commissioner shall promulgate rules and regulations in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) necessary to carry out the...
- Section 17:12b-1 - Construction As Revision Of Prior Laws
This act shall be construed as a revision of, and shall supersede, all provisions of the "Savings and Loan Act," approved April 4, 1946...
- Section 17:12b-2 - Citation
This act shall be known and may be cited as the "Savings and Loan Act (1963)." L.1963, c. 144, s. 2.
- Section 17:12b-3 - Application Of Act
No State association shall hereafter be incorporated for the purposes stated in this act, except pursuant to the provisions of this act. The provisions...
- Section 17:12b-3.1 - Contracts With Association Supervisors Of Other States
101.The Commissioner is authorized to enter into contracts with association supervisors of other states for the purpose of establishing effective and efficient supervisory and...
- Section 17:12b-4 - Determination Of Members' Rights And Liabilities
The rights and liabilities of each member of an association, shall be determined by and shall be subject to the provisions of this act...
- Section 17:12b-5 - Definitions
5.The following words and phrases as used in this act, unless a different meaning is plainly required by the context, shall have the following...
- Section 17:12b-6 - Gross Income
"Gross income" shall mean the sum, for an accounting period, of the following: (a) Operating income. (b) Real estate income. (c) All profits actually...
- Section 17:12b-7 - Net Income
"Net income" shall mean gross income, for an accounting period, less the aggregate of the following: (a) Operating expenses. (b) Real estate expenses. (c)...
- Section 17:12b-8 - Principal Office; Branch Office; Auxiliary Office; Remote Service Unit
(a) "Principal office" shall mean the legally established office of an association for the transaction of its business, other than a branch office, auxiliary...
- Section 17:12b-9 - Agency
"Agency" shall mean a place of business other than the principal office, a branch office, auxiliary office, or a remote service unit of an...
- Section 17:12b-10 - Per Capita Assets
"Per capita assets" shall mean the total savings and loan assets divided by the population. (a) Per capita assets for the State shall be...
- Section 17:12b-11 - Mortgage Deemed First Lien.
11. A mortgage upon real property or a mortgage upon a lease of the fee of real property shall be deemed a first lien...
- Section 17:12b-12 - Purposes
The purposes of associations operating under the provisions of this act shall be promoting thrift, home ownership and housing or otherwise investing funds in...
- Section 17:12b-13 - Persons Who May Form Corporation
Any 9 or more persons, domiciled in this State, and citizens of the United States, hereinafter referred to as incorporators, may associate to form...
- Section 17:12b-14 - Contents Of Certificate Of Incorporation Of A Mutual Association
Contents of certificate of incorporation of a mutual association. The incorporators shall personally sign a certificate of incorporation, which shall state: (1) The name...
- Section 17:12b-15 - Original By-laws
The incorporators shall adopt the original by-laws of the association. L.1963, c. 144, s. 15.
- Section 17:12b-16 - Application To Commissioner For Approval
The certificate of incorporation and the by-laws shall be submitted to the commissioner for his approval. Within 10 days thereafter, the commissioner shall give...
- Section 17:12b-17 - Notice Of Application And Hearing Thereon
The incorporators shall give public notice of such application and of the time and place designated by the commissioner for the hearing thereon, by...
- Section 17:12b-18 - Guaranty Account
In the case of an application for the incorporation of a mutual association, and as a condition precedent to the approval of any such...
- Section 17:12b-19 - Hearing
At such hearing or at any adjournment thereof which may be granted by the commissioner, there shall be afforded an opportunity to be heard...
- Section 17:12b-20 - Commissioner's Findings As To Mutual Association Application
If the commissioner shall find that: (a) the establishment of such State association is in the public interest; and (b) will be of benefit...
- Section 17:12b-21 - Commissioner's Decision
Within 30 days after the close of the hearing, the commissioner shall announce his decision upon such application and file in his office, a...
- Section 17:12b-22 - Certificate To Be Filed
The certificate of incorporation with the commissioner's approval endorsed thereon or annexed thereto, shall be recorded within 30 days after such approval, in the...
- Section 17:12b-23 - Time Limit For Commencing Business
If the incorporators fail to complete the organization of a State association and to cause it to commence business within 6 months from the...
- Section 17:12b-24 - Establishment, Operation Of Branch Offices By State Association
24. A. No State association shall hereafter establish or operate a branch office or offices, other than as provided by law without the prior...
- Section 17:12b-24.1 - Change Of Location Of Office Of State Association
89.a. Upon filing an application therefor in the department, and upon obtaining the approval of the commissioner thereto a State association may change the...
- Section 17:12b-24.2 - Powers Of Out-of-state, State Association
93. a. An out-of-State association that opens, occupies or maintains a branch office in this State shall have in this State only the powers...
- Section 17:12b-27.2 - Time Limit For Opening Branch Office; Discontinuance Of Branch Office
The failure of a State association to open and operate a branch office within 12 months after the commissioner approves the application therefor, shall...
- Section 17:12b-28 - Interchange Of Principal And Branch Offices
A State association may change the location of its principal office to a location then occupied by a branch office operated by it, subject...
- Section 17:12b-29 - Auxiliary Offices
A State association may, pursuant to resolution of its board, establish and operate not more than one auxiliary office, as defined in section 8...
- Section 17:12b-30 - Auxiliary Office, Establishment, Location
30. No auxiliary office shall be established or operated at a location which is outside this State or more than one mile from the...
- Section 17:12b-31 - Auxiliary Office, Permitted Business Transactions
31. No business shall be transacted at an auxiliary office other than (a)the receipt of payments, deposits of currency, checks and other items; (b)the...
- Section 17:12b-32 - Business To Be Transacted Only With Persons Outside Structure
The business authorized by section 31 of this act shall be transacted only with persons who, while such business is being transacted, remain outside...
- Section 17:12b-33 - Property To Be Used For Auxiliary Office; Parking Facilities
An association may, for the purpose of establishing an auxiliary office or offices, purchase or lease real property, or it may use real property...
- Section 17:12b-34 - Auxiliary Office Not Deemed Branch Or Limited Facility Branch Office
An auxiliary office shall not be deemed a branch office or limited facility branch office within the meaning of section 24 of this act....
- Section 17:12b-35 - Other Powers Not Affected
Nothing in sections 29 through 34 of this act shall impair the powers of an association to purchase, hold, lease or convey real property...
- Section 17:12b-36 - Measurement Of Distances
For the purposes of this act, distances shall be measured along a straight line drawn between the center point of the main entrance of...
- Section 17:12b-37 - Agencies
a. Any State association shall have the right to make written application to the commissioner for permission to establish and operate an agency or...
- Section 17:12b-37.1 - Remote Service Units; Establishment Or Use; Sharing; Regulations
A State association may establish or use remote service units as defined in section 8 of P.L.1963, c. 144 (C. 17:12B-8). The commissioner may...
- Section 17:12b-38 - By-laws
Each State association shall adopt such by-laws as may be required by the provisions of this act and as it may deem necessary or...
- Section 17:12b-38.1 - Association Official Immunity
An association may with the approval of the commissioner, amend its certificate of incorporation or bylaws, by a two-thirds vote of its board present...
- Section 17:12b-39 - Commissioner's Approval Required
No by-law nor any change in the by-laws shall become effective until it shall have been submitted in writing to the commissioner and he...
- Section 17:12b-40 - Change Of Office Location
A State association may change the location of its principal office to a new location subject to the following requirements: (1) If the new...
- Section 17:12b-40.1 - Failure To Open And Operate Relocated Principal Office; Effect
The failure of a State association to open and operate a relocated principal office within 12 months after the commissioner approves the application therefor,...
- Section 17:12b-45 - Failure To Open And Operate Relocated Principal Office; Effect
The failure of a State association to open and operate a relocated principal office within 6 months after the commissioner approves the application therefor,...
- Section 17:12b-46 - Change Of Name
A State association may with the approval of the commissioner, change its name by a 2/3 vote of its board present and voting at...
- Section 17:12b-46.1 - Definitions Relative To Emergency Closings
1. A. The following words as used in this act, unless a different meaning is plainly required by the context, shall have the following...
- Section 17:12b-46.2 - Proclamation Of Emergency
Whenever the commissioner is of the opinion that an emergency exists in this State or in any part or parts of this State he...
- Section 17:12b-46.3 - Action By Officers After Proclamation Of Emergency
The officers of any association directly or indirectly affected by the emergency proclaimed by the commissioner shall have the authority to determine whether one...
- Section 17:12b-46.4 - Duration Of Emergency
Any office closed pursuant to section 3 of this act shall remain closed until the commissioner proclaims that the emergency has ended, or until...
- Section 17:12b-46.5 - Action By Officers When No Emergency Proclaimed
Whenever the officers of an association are of the opinion that an emergency, as defined in section 1 of this act, exists which directly...
- Section 17:12b-46.6 - Responsibility Of Officers
Any officer acting in good faith under the provisions of this act shall be deemed to have exercised the discretion herein specifically conferred upon...
- Section 17:12b-46.7 - Notice To Commissioner
An association closing an office or offices or reopening an office or offices, pursuant to any provision of this act, shall give as prompt...
- Section 17:12b-46.8 - Effect Of Emergency Closing
No association shall be liable to any person for any direct or indirect loss suffered by such person by reason of the association's closing...
- Section 17:12b-46.9 - Associations To Be Saved Harmless
An association which closes one or more or all of its offices pursuant to this act shall be saved harmless from all liability to...
- Section 17:12b-46.10 - Regulations Of The Commissioner
The commissioner may make such orders and regulations, not inconsistent with this act, as he shall deem necessary to provide for the uninterrupted continuance...
- Section 17:12b-46.11 - Construction Of Act
The provisions of this act shall be construed and applied as being in addition to, and not in substitution of, any other law of...
- Section 17:12b-46.12 - Short Title
This act may be cited as the "Savings and Loan Emergency Closing Act." L.1968, c. 150, s. 12, eff. July 12, 1968.
- Section 17:12b-47 - General Powers
Every association shall have all of the powers conferred by this act, both expressed and implied, and such others as are incidental thereto, and...
- Section 17:12b-48 - Powers Of Association
48. Without limiting the generality of the foregoing, every association shall have power to: (1)Have succession by its corporate name for the period limited...
- Section 17:12b-49 - Rental And Maintenance Of Safe Deposit Boxes
An insured association shall have power to keep, maintain and rent out for hire, at the location occupied by its principal office or any...
- Section 17:12b-50 - Pension Plans
Every association shall have power to adopt, alter, contract for or rescind a plan or plans providing for the payment of pensions to its...
- Section 17:12b-51 - Provisions Of Pension Plan
Without limiting the generality of the type of pension plan or plans a State association may adopt, a pension plan adopted may provide for:...
- Section 17:12b-52 - Eligibility For Pension Payments
An officer or employee shall be eligible to begin to receive pension payments at such age and following such period of service as shall...
- Section 17:12b-53 - Determination Of Amount; Specification In Pension Plan
No State association shall pay or contract for the payment or adopt a plan providing for the payment of any annual pension payment unless...
- Section 17:12b-54 - Excess Payments; Employee Contributions
Nothing in this act shall prevent the payment of greater benefits as set forth in the plan if the officer or employee contributes the...
- Section 17:12b-55 - Death Benefits
Where a plan or plans provide for death benefits, said death benefits shall not exceed an amount equal to 100 times the monthly pension...
- Section 17:12b-56 - Appropriation For Payments; Merger Of Associations
Any payments required to establish a pension fund out of which benefits may be paid directly or to provide for prior service credits under...
- Section 17:12b-57 - Submission Of Pension Plan For Approval Of Commissioner
Every pension plan adopted or altered for a State association shall before it is placed in operation, be submitted to the commissioner for his...
- Section 17:12b-58 - Plans Sponsored By Federal Home Loan Banks
Notwithstanding any other provisions of this act, a State association, with the approval of the commissioner, may adopt any plan for retirement or disability...
- Section 17:12b-59 - Contracts For Pension Payments To Retired Officers And Employees
In addition to the powers to adopt pension plans as set forth in this act, a State association may subject to the approval of...
- Section 17:12b-60 - Discontinuance Of Participation In Pension Plan
Any State association may at any time discontinue its participation in a pension plan and terminate any and all prospective liability in connection therewith,...
- Section 17:12b-61 - Transmission Of Money; Money Orders; Travel Checks
Any association may receive money for transmission and may transmit such money through the Federal Home Loan Bank of New York, or through any...
- Section 17:12b-62 - Directors, Number, Powers.
62. Directors, number, powers. The business and affairs of every State association shall be managed and directed by a board of directors. The board...
- Section 17:12b-62.1 - Association Deemed In Compliance With Prohibition On Interlocking Relationships
27. Any association that is in compliance with the federal "Depository Institution Management Interlocks Act," 12 U.S.C. s.3201 et seq. and the federal regulations...
- Section 17:12b-63 - Director's Election; Vacancies
The directors shall be elected by the members of a mutual association or the stockholders of a capital stock association, as the case may...
- Section 17:12b-64 - Attorneys; Employees
The board may retain or employ one or more attorneys-at-law or firm of attorneys-at-law of this State for a term not longer than 1...
- Section 17:12b-65 - Officers
65. The officers of every State association shall be a president, one or more vice presidents, a secretary and a treasurer and may include...
- Section 17:12b-66 - Officers' Powers
Each officer in addition to such powers and duties as usually pertain to his office shall have such powers and duties as the by-laws...
- Section 17:12b-67 - Oath Of Office Of Directors And Officers
Each officer and director shall, before entering upon the duties of his office, take and subscribe to the following oath or affirmation of office:...
- Section 17:12b-67.1 - Disqualification Of Officers, Directors Or Employees; Conviction Of Crime; Pendency Of Appeal
Except with the written consent of the commissioner, no person who has been convicted, or who is hereafter convicted, of any crime involving dishonesty...
- Section 17:12b-67.2 - Penalty
For each willful violation of this prohibition, the association shall be liable to a penalty of not more than $100.00 a day, for each...
- Section 17:12b-68 - Minimum Account Requirements For Directors
Each director shall at all times own, in his own name, an account in his State association having an unencumbered balance as hereinafter set...
- Section 17:12b-69 - Loans To Officers, Directors, Attorneys Or Employees
In accordance with rules and regulations promulgated by the Federal Savings and Loan Insurance Corporation, a State association may make or purchase any loan...
- Section 17:12b-70 - Default By Directors And Officers
No person who is in default for a period of more than 3 months in the payment of any obligation to an association, shall...
- Section 17:12b-71 - Restriction Upon Purchase Of Accounts
No officer, director, attorney or firm of attorneys or employee of any State association shall purchase any savings account or shares in such State...
- Section 17:12b-72 - Limitation Of Expenses
The aggregate amount of an association's expenses in any fiscal year for the compensation of officers, employees and directors and for premiums, contributions, or...
- Section 17:12b-73 - Bonds Required; Indemnification Of Officers, Directors And Employees
A. Bonds required The board shall require the secretary, treasurer, attorney, conveyancer and every other officer, director, employee, or agent handling or having the...
- Section 17:12b-74 - Membership Generally
The members of a State association shall be those in whose names accounts are established either as savings members or as borrowing members. Except...
- Section 17:12b-75 - Plans
Each mutual association shall operate upon one of the plans set forth in this section; and the bylaws of each mutual association shall designate...
- Section 17:12b-76 - Nonshare Plan
A State association operating pursuant to the nonshare plan shall issue to each savings member an account book or, in lieu thereof, any other...
- Section 17:12b-77 - Share Plan
Membership in a State association operating pursuant to the share plan shall be evidenced by a share certificate, account book, or, in lieu thereof...
- Section 17:12b-78 - Limitation Upon Accounts
No savings member shall hold an account or accounts in any one State association with an aggregate participation value exceeding $20,000.00 or 1% of...
- Section 17:12b-79 - Forms Of Certificate
Forms of certificate. The following form of membership certificate is hereby prescribed. This certifies that ..................... is a savings borrowing .................................. member of the...
- Section 17:12b-80 - Governmental Agencies May Be Members
The United States of America, the State of New Jersey, or any agency or instrumentality of either of them, or any corporation incorporated under...
- Section 17:12b-81 - Minors
Minors may be members and shall be entitled to all of the rights and privileges and subject to all of the duties and liabilities...
- Section 17:12b-82 - Membership Trust Accounts
When a membership trust account is opened in the manner provided in the "Multiple-party Deposit Account Act" , and, a. Where a trustee's death...
- Section 17:12b-83 - Applicability To Moneys Paid To Account By Trustee Under Will, Other Fiduciary Instrument, Court Order Or Decree
Section 82 of this act shall not apply to the moneys paid to an account by a trustee acting under a will, other fiduciary...
- Section 17:12b-84 - Release From Claims Of Fiduciaries, Beneficiaries Or Legal Representatives
An association which makes any payment pursuant to section 82 of this act prior to service upon the association of an order of court...
- Section 17:12b-85 - Rights Of Beneficiary On Death Of Fiduciary; Effect Of Laws Requiring Valid Testamentary Disposition
When an account is maintained in a form described in section 82 of this act the right of the named beneficiary to be vested...
- Section 17:12b-86 - Applicability To Federal Associations Having Principal Offices In State
The provisions of section 82 of this act shall also apply to all Federal associations having their principal offices in this State, where such...
- Section 17:12b-87 - Authority Of Attorney To Manage Or Make Withdrawals From Account
An association may continue to recognize the authority of any attorney authorized in writing to manage or to make withdrawals either in whole or...
- Section 17:12b-89 - Payment To Credit Of Account Of Beneficiaries Or Their Order
When a membership account is opened by a person or persons payable on death to a beneficiary or beneficiaries in the manner provided in...
- Section 17:12b-90 - Payment To Credit Of Account When Beneficiaries Under 16 Years Of Age
When a membership account is opened by a person or persons payable on death to a beneficiary or beneficiaries in the manner provided in...
- Section 17:12b-91 - Payment When Account Terminated And One Or More Beneficiaries Under, And One Or More Beneficiaries Over, 16 Years Of Age
When a membership account is opened by a person or persons payable on death to a beneficiary or beneficiaries in the manner provided in...
- Section 17:12b-103 - Pledge Of Account To Association
The pledge to any association of such an account, signed by that person or those persons who are authorized in writing to make withdrawals...
- Section 17:12b-106 - Acceptance Of Accounts In Name Of One Or More Administrators, Custodians, Executors, Guardians, Trustees Or Other Fiduciaries In Trust For Named Beneficiary
Any association may accept accounts in the name of one or more administrators, custodians, executors, guardians, trustees, or other fiduciaries in trust for a...
- Section 17:12b-109 - Necessity For Actual Notice Of Death Or Incompetency Of Savings Member
In the absence of actual notice of death or incompetency of a savings member received by an association at the office at which the...
- Section 17:12b-110 - Transfer Of Membership
A member may transfer, absolutely or conditionally, his membership to any other person, subject to the provisions of this act, by a written assignment...
- Section 17:12b-111 - Lost Certificates And Account Books
Upon filing with an association by a member of record, or his legal representative, of an affidavit showing that his account book has been...
- Section 17:12b-112 - Termination Of Membership
The membership of a savings member shall terminate when the amount of his account has been paid to him in full or when the...
- Section 17:12b-112.1 - Savings Promotion Conducted By Savings And Loan Association.
2. a. A State savings and loan association may conduct a savings promotion provided that the association: (1)conducts the promotion in a manner so...
- Section 17:12b-113 - Notice To Members
Except where this act expressly provides otherwise, all notices, statements, reports or other documents required to be given to any member, shall be given...
- Section 17:12b-114 - Meeting Place
Members' meetings shall be held at the State association's principal office or at such other place within a radius of 5 miles thereof as...
- Section 17:12b-115 - Meetings
(1) Annual. The members shall meet at least once in each year, as the by-laws shall provide, upon not less than 10 days' written...
- Section 17:12b-116 - Quorum
The by-laws may prescribe the number of members which shall constitute a quorum at a meeting. In the absence of any provision in the...
- Section 17:12b-117 - Confidential Relationship Of An Association To Its Members
The relationship of an association to each of its members constitutes a confidential relationship and no association or any of its directors, officers or...
- Section 17:12b-118 - Procedure To Obtain Information Or Communicate With Members
(1) Any member desiring information from his State association or desiring to communicate with other members of his State association may file with such...
- Section 17:12b-119 - Costs And Expenses Incidental To Application For Information; Payment By Applicant
If the application is for information, and if the State association grants the application, the State association may require the applicant to pay the...
- Section 17:12b-120 - Application For Communication With Other Members; Preparation And Mailing Of Copies Of Communication; Payment Of Costs And Expenses By Applicant
If the application is to enable the member to communicate with other members of the State association, and if the State association grants the...
- Section 17:12b-121 - Application For Order Requiring State Association To Grant Application For Information Or To Communicate With Members
(1) If the State association fails to grant any application submitted pursuant to the provisions of section 118 of this act within 10 days...
- Section 17:12b-122 - Hearing Before Commissioner; Designation Of Time And Place; Notice; Adjournments
The commissioner shall, within 30 days from the date such application is presented to him, designate a time and place for a hearing upon...
- Section 17:12b-123 - Merits Of Application; Determinations By Commissioner
At such hearing, or such independent examination or investigation as the commissioner may make, the commissioner shall examine into the merits of the application...
- Section 17:12b-124 - Decision Of Commissioner; Filing Memorandum; Notice
Within 30 days after the close of the hearing, the commissioner shall announce his approval (in whole or in part) or denial of such...
- Section 17:12b-125 - Exclusive Procedure; Review Of Commissioner's Action; Effect Of Failure To Act
The procedure, set forth in sections 118 through 124 of this act, for obtaining information by a member or enabling a member to communicate...
- Section 17:12b-125.1 - Application Of Sections 118 Through 124 To Federal Associations
Insofar as the provisions of sections 118 through 124 of this act regarding obtaining information by a member or enabling a member to communicate...
- Section 17:12b-126 - Voting Rights Of Members
126. Voting of rights members. Each member 16 years of age, or over, shall be entitled to vote at any meeting of a mutual...
- Section 17:12b-127 - Determination Of Net Income
At the end of each accounting period and at least annually the board of each State association shall determine the amount of net income,...
- Section 17:12b-128 - General Reserve, Bad Debt Reserves And Federal Insurance Reserve Accounts
(a) A general reserve account shall mean a reserve account established and maintained for the purpose of absorbing losses. Each State association shall establish...
- Section 17:12b-129 - Special Reserve Accounts
Each State association shall establish and maintain such special reserve accounts as are required by the provisions of this act and may establish and...
- Section 17:12b-130 - Dividend Participation; Exceptions
(a) At least annually and after determination of the net income for the accounting period and the establishment of reserves required or permitted by...
- Section 17:12b-131 - Undivided Profits Account
Any net income or any other available profits which remain after reserve and dividend requirements have been met, may be maintained in an undivided...
- Section 17:12b-132 - Restrictions Upon Reserves And Undivided Profits Account
The aggregate amount of all reserve and undivided profits accounts of any association shall not be increased so long as the aggregate amount of...
- Section 17:12b-133 - Reward Profit Or Bonus Plan
Any association which may have adopted a reward profit or bonus plan under previous law or regulations of the commissioner may continue such plan,...
- Section 17:12b-134 - Application For Withdrawal
Any member may, at any time, file with his State association a written application for payment of all or any part of the withdrawal...
- Section 17:12b-135 - Cancellation Of Withdrawal Application
Any withdrawal application may be canceled, in whole or in part, at the written request of the withdrawing member, with the consent of the...
- Section 17:12b-136 - Association Operating Under Plan 1; Payment On Presentation Of Withdrawal Application Or Other Notice
A State association operating pursuant to Plan 1 or Plan 4 as set forth in section 75 of this act, may pay the amount...
- Section 17:12b-137 - Association Operating Under Other Than Plan I; Payment On Presentation Of Withdrawal Application; Other Procedure
Any State association operating on any plan other than Plan I, as defined in section 76 of this act, may pay the amount requested...
- Section 17:12b-138 - Funds Required For Withdrawals
Within the first 10 days of each fiscal month, each State association operating on a plan other than Plan I shall apply to the...
- Section 17:12b-139 - Rotation Plan
If any State association operating under any plan other than Plan I, as defined in section 76 of this act, shall find that within...
- Section 17:12b-140 - Payment Of Withdrawals On Other Plans And Purchase Of Accounts Prohibited; Authority Of Commissioner
No State association shall obligate itself to pay withdrawals on any other plan than that provided in this act, nor shall any State association...
- Section 17:12b-141 - Application Of Withdrawal Value To Indebtedness
A State association may apply and credit the full withdrawal value of any account pledged with it as security for the payment of any...
- Section 17:12b-142 - Dividend Retention
Any State association, except one which operates under the nonshare plan described in section 76 of this act, may, upon the withdrawal of an...
- Section 17:12b-143 - Restrictions On Actions
No person shall institute or prosecute any action against an association to recover the value of any account or any part thereof, until an...
- Section 17:12b-144 - Retirement
If funds are on hand for the purpose, any State association may, by resolution of its board, retire any account by giving at least...
- Section 17:12b-145 - Investments Authorized
The funds of every association shall be invested in accordance with the provisions of this act. L.1963, c. 144, s. 145.
- Section 17:12b-145.1 - Origination, Acquisition Of Mortgage Loans By Association
26. An association may originate or acquire mortgage loans secured by a mortgage constituting a lien upon real property or upon a lease of...
- Section 17:12b-155 - Procedure For Making Other Loans
155. Other loans may be made as follows: A. Account loans. Loans secured by a pledge of a member's savings account. No such loan...
- Section 17:12b-156 - Investments In Additional Loans
156. Investments in additional loans. A. An association may make additional loans or advances for any purpose expressly or impliedly reserved or provided for...
- Section 17:12b-157 - Property Improvement Loans Without Mortgage Liens
Investments in loans for the purpose of repair, alteration, improvement, construction, adding to, modernizing, equipping or rehabilitation of real estate upon which an association...
- Section 17:12b-158 - Definitions As Used In Sections 159 Through 164 (C. 17:12b-159 Through C. 17:12b-164) Of This Act
The following words and phrases as used in sections 159 through 164 (C. 17:12B-159 through C. 17:12B-164) of this act, unless a different meaning...
- Section 17:12b-159 - Limitations On Such Loans
(1) (Deleted by amendment.) (2) Each such loan shall be evidenced by one or more notes, bonds or other written evidence of indebtedness, and...
- Section 17:12b-160 - Charges On Such Loans
Notwithstanding the provisions of R.S. 31:1-1 or any other law to the contrary, the maximum charge which an association may contract for and receive...
- Section 17:12b-162 - Schedules Of Charges
The Commissioner of Banking may prepare and distribute to such associations as shall make a request therefor, a schedule or schedules to be used...
- Section 17:12b-163 - Rebates On Prepayment
When the unpaid balance owing upon a loan as defined in section 158 of P.L.1963, c. 144 (C. 17:12B-158) is repaid in full or...
- Section 17:12b-164 - Other Charges In Connection With Loans
Any Federal association may charge in connection with any loan, as interest, discount, premium, late charge or any other charge, any amount which may...
- Section 17:12b-165 - Other Investments, Securities
A State association may invest as follows: (1) Obligations of the United States. In obligations of or guaranteed as to principal and interest by...
- Section 17:12b-166 - Real Estate
Investments may be made in real estate as follows: (1) Office building for transaction of State association's business. In the purchase of improved or...
- Section 17:12b-168 - Limitations On Amounts Of Real Estate Loans And Investments
168. Limitations on amounts of real estate loans and investments. No State association shall make loans or extensions of credit in an amount greater...
- Section 17:12b-169 - Restrictions On Investments
(1) No uninsured State association shall make any of the investments authorized by this act, except investments in account loans, obligations of or guaranteed...
- Section 17:12b-170 - Report Of Financial Condition Available To Members
170. Every State association shall make available to its members annually, upon request, a report of its financial condition as of the end of...
- Section 17:12b-171 - Reports To Commissioner; Violations, Penalties.
171. Every State association shall, within 60 days after the close of each fiscal year, file in the department, on blanks to be provided...
- Section 17:12b-172 - Examination, Inspection, Supervision Of Associations.
172. Every State association and every out-of-State association with a branch office in this State shall be subject to the examination, inspection and supervision...
- Section 17:12b-173 - Exhibition Of Books, Papers, Securities, Oaths; Subpoena
173. The officers, directors and employees of the State association or an out-of-State association shall exhibit its books, papers and securities to the commissioner...
- Section 17:12b-174 - False Testimony; Perjury
A person who shall willfully and corruptly testify falsely to a material matter, upon oath or affirmation administered by the commissioner or examiner upon...
- Section 17:12b-175 - Immunity To Violator Testifying
Any person violating this act shall be a competent witness and compellable to testify in any proceeding under sections 172 and 173 of this...
- Section 17:12b-176 - Audits
(1) The board of every such State association, other than an insured State association, shall cause a thorough audit of the condition of the...
- Section 17:12b-177 - Commissioner's Additional Powers
The commissioner's powers and duties conferred and imposed by this article shall be in addition to those conferred and imposed by the other provisions...
- Section 17:12b-178 - Order To Continue Illegal, Unsafe Practices; Violations, Penalty
178. If it shall appear to the commissioner that a State association or an out-of-State association has violated any law of this State or...
- Section 17:12b-179 - Grounds For Action By Commissioner
Revocation of authority to transact business. If it shall appear to the commissioner that the interests of the creditors or members of a State...
- Section 17:12b-180 - Conservation Orders
For the purpose of conserving the assets of a State association and of protecting the interests of its members and the public, the commissioner...
- Section 17:12b-181 - Action For Relief
The commissioner may institute an action in the Superior Court to restrain the State association from transacting further business, or from transferring or disposing...
- Section 17:12b-182 - Commissioner's Authority
The commissioner may forthwith take charge of the State association and possession of all its real and personal property, books and records, and continue...
- Section 17:12b-183 - Purpose Of Possession And Operation By Commissioner
The purpose of the commissioner's management of a State association and operation of its business and possession of its assets shall be to enable...
- Section 17:12b-184 - Return Of Management And Possession
The commissioner may return the management of a State association to its board and the possession of its property to the State association at...
- Section 17:12b-185 - Powers Of Commissioner In Possession
The commissioner shall have full and complete powers necessary to enable him to determine promptly and efficiently whether it is for the best interests...
- Section 17:12b-186 - Appointment And Compensation Of Counsel And Assistants
The commissioner may, from time to time appoint one or more special assistant deputy commissioners of banking and insurance, who may or may not...
- Section 17:12b-187 - Segregation And Application Of Money Paid After Commissioner Takes Possession
(a) All moneys, which shall be paid on any unpledged account or shares of a State association after the commissioner has taken charge of...
- Section 17:12b-188 - Effect Of Commissioner's Possession On Rights Of Third Persons
Upon taking charge of a State association and possession of its property, the commissioner shall give notice thereof forthwith to all persons holding or...
- Section 17:12b-189 - Financial Statements By Commissioner
At least annually, and upon the termination of his possession of the assets of a State association, the commissioner shall submit a financial statement...
- Section 17:12b-190 - Dissolution; Liquidation; Action By Members
If the commissioner determines that it is for the best interest of the members and the public that the State association be dissolved and...
- Section 17:12b-191 - Relief In Court From Commissioner's Action
If a State association, of whose property and business the commissioner has taken possession as aforesaid, or any member thereof, deems itself or himself...
- Section 17:12b-192 - Disposition Of Unclaimed Funds Due To Members And Creditors
If any liquidating dividend due to any member or any amount due to any creditor, remains in the hands of the commissioner for a...
- Section 17:12b-193 - Liquidation And Accounting By Commissioner
On making application to the court for approval of expenses of administration as provided by section 186 of this act, the commissioner shall file...
- Section 17:12b-194 - Action Upon Commissioner's Refusal To Act
If the capital of a State association becomes impaired, or if it suspends its ordinary business for want of funds to carry it on,...
- Section 17:12b-195 - Proceedings Before Commissioner
(1) Review of commissioner's determination. Except as herein otherwise provided, any State association or member aggrieved by any determination, decision or order of the...
- Section 17:12b-196 - Applications For Commissioner's Approval
In all cases where the commissioner's approval is required and no procedure for obtaining the same is specified, application therefor shall be made in...
- Section 17:12b-197 - Bookkeeping Methods And Accounting Practices; Destruction Of Books, Records, et Cetera
The commissioner may adopt rules and regulations with respect to bookkeeping methods and accounting practices designed to produce safety of operation and each State...
- Section 17:12b-198 - Authority
Any two or more State associations may merge into a single State association, under the terms and procedure hereinafter set forth. Any State association...
- Section 17:12b-198.1 - Merger Between State, Out-of-state Associations
98. a. One or more State associations may, with the approval of the commissioner, merge with an out-of-State association or associations, or with a...
- Section 17:12b-199 - Procedure; Notice; Approval On Expedited Basis
The boards of the State associations desiring to merge, shall each pass a resolution indicating such desire by at least a 2/3 vote of...
- Section 17:12b-200 - Terms
The terms of merger shall be those which have been agreed upon by at least 2/3 's of the board of each association. Such...
- Section 17:12b-201 - Recording Of Agreement
Before a merger shall become effective the State associations shall jointly certify to the commissioner that they have complied with all of the requirements...
- Section 17:12b-202 - Application For Establishment Of Section 27 Branch Office Or Offices
Simultaneously with the submission of the resolution required by section 199 of this act, any State association, into which another State association or State...
- Section 17:12b-203 - Effect Of Merger
Upon the merger of any State association into another: (a) Its corporate existence shall be merged into that of the other State association, and...
- Section 17:12b-204 - Bulk Transfers
(1) Bulk transfers authorized Any State association may with the written approval of the commissioner, transfer, sell, or exchange in bulk and not in...
- Section 17:12b-205 - Certificate Of Transfer Of Assets; Resultant Liquidating Corporation
Whenever any assets of a State association are to be liquidated by the board of an association, as provided in section 204 of this...
- Section 17:12b-206 - Purchase Of Assets; Inapplicability Of Article X
Any association may purchase assets from another association which sells all or a part of its assets in accordance with section 204 of this...
- Section 17:12b-207 - Liquidating Corporations
Each liquidating corporation created pursuant to the provisions of section 205 of this act shall be a corporation for the sole purpose of liquidating,...
- Section 17:12b-208 - Creditors; Claims Barred
The liquidating corporation shall give public notice that all persons having claims against any association whose assets have been transferred shall present such claims...
- Section 17:12b-209 - Notice Of Dispute; Limitation Of Action
If the corporation disputes all or any part of any claim which is duly presented to it, and gives written notice of such dispute...
- Section 17:12b-210 - Applicability Of Sections 17:12b-208, 17:12b-209 To Indebtedness On Loan To Enable Association To Effect Sale Of Assets
The provisions of sections 208 and 209 of this act shall not be applicable to or in any way affect any indebtedness on account...
- Section 17:12b-211 - Jurisdiction Of Superior Court
Each such corporation or its board may institute an action in the Superior Court for instructions with respect to any matter pertaining to the...
- Section 17:12b-212 - Termination Of Corporate Existence
Within 90 days after the affairs of each such corporation shall have been fully settled and its assets liquidated and the proceeds thereof distributed,...
- Section 17:12b-213 - "Foreign Association" Defined
For the purposes of this article the words "foreign association" shall not be deemed to include an association, as defined in section 5 of...
- Section 17:12b-214 - Business Prohibited Within State, Exceptions
214. a. Foreign associations shall not transact the business of a savings and loan association within this State, or maintain an office within this...
- Section 17:12b-215 - Violation; Penalty
Any natural person who shall violate the prohibitions of this article shall be guilty of a misdemeanor, and, upon conviction thereof, shall be subject...
- Section 17:12b-216 - Filing Copy Of Application And Statement Of Acceptance Or Rejection
Each State association which applies for the insurance of its accounts by the Federal Savings and Loan Insurance Corporation shall file with the commissioner...
- Section 17:12b-217 - Terminating Insurance
No such State association shall terminate such insurance except after 30 days' prior written notice thereof to the commissioner, unless the commissioner shall have...
- Section 17:12b-218 - Powers Of Commissioner Not Impaired
Nothing contained in this article shall be construed as repealing, modifying or impairing any powers, duties, rights or responsibilities of the commissioner in respect...
- Section 17:12b-219 - Joint Powers With Insurance Corporation
Upon its filing such election to assume and exercise such powers, the Federal Savings and Loan Insurance Corporation and the commissioner shall be vested...
- Section 17:12b-220 - Powers Of Insurance Corporation
The Federal Savings and Loan Insurance Corporation shall have all the rights, privileges and powers conferred upon it by the Federal statutes now or...
- Section 17:12b-221 - Voting Rights
Notwithstanding any other provision or provisions of the law granting, governing, defining or limiting the powers or right of members to vote upon any...
- Section 17:12b-222 - Procedure
Any association which is a member of a Federal Home Loan Bank may convert itself into a Federal association with the same force and...
- Section 17:12b-223 - Corporate Existence Continued Upon Conversion
Upon the conversion of any association into a Federal association, the corporate existence of such association shall not terminate, but such Federal association shall...
- Section 17:12b-224 - Conversion From Federal To State Charter; Procedure
Conversion from Federal to State charter; procedure. Any federal association may convert itself into an association of this State with the same force and...
- Section 17:12b-225 - Approval By Commissioner; Filing Of Certificate; Corporate Existence Continued
Upon the filing with the commissioner of the certificate as provided in paragraph (d) of section 224 of this act and before approving the...
- Section 17:12b-226 - Fees, Charges
226. A. Every State association shall pay to the commissioner for the use of the State a fee, to be prescribed by the commissioner...
- Section 17:12b-227 - Payment Of Commissioner's Expenses
The necessary expenses incurred by the commissioner in carrying out the provisions of this act, when not otherwise provided for, shall be paid out...
- Section 17:12b-228 - Dissolution
Action by the board and the members. Trustees. Commissioner's approval. Any association may be dissolved as follows: Its board may adopt a resolution declaring...
- Section 17:12b-229 - Definition Of Liquidation
As used in this act, liquidation shall include the winding up and settlement of the business and affairs of an association, the liquidation of...
- Section 17:12b-230 - Continuation Of Corporate Existence
After dissolution, an association shall continue to be a body corporate and retain title to all its real and personal property for the purpose...
- Section 17:12b-231 - Trustees; Bonds; Removal; Successors; Action By Majority
Each trustee before entering upon his duties, shall file with the commissioner a bond to the association in such sum as the commissioner shall...
- Section 17:12b-232 - Liquidation Period; Extension
All liquidation proceedings hereafter commenced shall be completed within 5 years from the date of dissolution or within such further time as may be...
- Section 17:12b-233 - Powers
Every dissolved association shall have all powers necessary to accomplish its liquidation promptly, efficiently and completely, including, but not by way of limitation, the...
- Section 17:12b-234 - Creditors; Claims Barred
The association shall give public notice that all persons having claims against it, shall present them under oath, at the association's office, within 3...
- Section 17:12b-235 - Application Of Participation Value To Indebtedness
The participation value, at the date of dissolution of an association, of any account in such association which is pledged as security for the...
- Section 17:12b-236 - Sinking Fund Mortgages; Extension Of Time For Payment
Any owner of land, which is subject to a sinking fund mortgage held by an association which has been dissolved, may apply in writing...
- Section 17:12b-237 - Notice To Sinking Fund Mortgagors
Within 30 days after the date of its dissolution, the association shall mail to each owner of land, which is subject to a sinking...
- Section 17:12b-238 - Commissioner's Jurisdiction
Each association in liquidation shall remain subject to the jurisdiction and supervision of the commissioner. L.1963, c. 144, s. 238.
- Section 17:12b-239 - Accounting By Trustees; Examination By Commissioner; Report To Members; Notice To Creditors
At least annually, unless the commissioner, for good cause, extends the time therefor, and at such other times as the commissioner may require, the...
- Section 17:12b-240 - Jurisdiction Of Superior Court; Trustees; Compensation
The Superior Court shall have full and complete jurisdiction of associations in liquidation and their trustees, and of all matters and questions arising or...
- Section 17:12b-241 - Insured Accounts Eligible Investment For Trust And Public Funds, And Savings Banks And As Security
All public funds, including those of the State of New Jersey, or any county or municipality or other political subdivision of New Jersey, and...
- Section 17:12b-242 - Separability; Partial Invalidity
If any provision of this act, or the application thereof to any person, is held invalid, the remaining provisions of this act, and the...
- Section 17:12b-243 - Effective Date
This act shall take effect 90 days after its approval. L.1963, c. 144, s. 243.
- Section 17:12b-244 - Definitions Applicable To Capital Stock Associations
The following words and phrases as used in this act, unless a different meaning is plainly required by the context, shall have the following...
- Section 17:12b-245 - Persons Who May Incorporate A Capital Stock Association
Any number of persons, not less than nine, domiciled in this State and citizens of the United States, hereinafter referred to as incorporators, may...
- Section 17:12b-246 - Contents Of Certificate Of Incorporation Of A Capital Stock Association
The incorporators shall personally sign a certificate of incorporation which shall state: a. The name of the State association and the location of its...
- Section 17:12b-247 - Filing Of Certificate Of Incorporation Of Capital Stock Association
The certificate of incorporation shall be filed in accordance with the provisions of sections 16 (C. 17:12B-16) and 17 (C. 17:12B-17) of this act....
- Section 17:12b-248 - Capital Stock And Surplus
In the case of an application for the incorporation of a capital stock association, the proceeds from the sale of the capital stock having...
- Section 17:12b-249 - Commissioner's Findings As To A Capital Stock Association
If the commissioner shall find that: a. The establishment of such capital stock association is in the public interest; b. Will be of benefit...
- Section 17:12b-250 - Powers Available To Capital Stock Association
21. The powers contained in section 47 (C.17:12B-47), section 48 (C.17:12B-48) and section 130 (C.17:12B-130) of this act shall be available to capital stock...
- Section 17:12b-250.1 - Capital Stock Association Official Immunity
A capital stock association may with the approval of the commissioner, amend its certificate of incorporation or bylaws, by a two-thirds vote of its...
- Section 17:12b-251 - Directors' Election, Vacancies
The directors shall be elected by the stock holders of a capital stock association by ballot at the annual meeting for such term, not...
- Section 17:12b-252 - Liability Of Stockholders
Stockholders, after their stock has been fully paid, are not liable to creditors or for assessments upon their stock. Stock shall be considered fully...
- Section 17:12b-253 - Notice To Stockholders
Except where this act or regulations promulgated hereunder expressly provide otherwise, all notices, statements, reports or other documents required to be given to any...
- Section 17:12b-254 - Meeting Place
Stockholders' meetings shall be held at the capital stock association's principal office or at such other place within the State of New Jersey as...
- Section 17:12b-255 - Meetings Of Stockholders
a. Annual. The stockholders shall meet at least once in each year, as the bylaws shall provide, upon not less than 10 days' written...
- Section 17:12b-256 - Quorum For Stockholders' Meetings
The bylaws shall prescribe the number of stockholders which shall constitute a quorum at a meeting. L.1974, c. 137, s. 27, eff. Oct. 23,
- Section 17:12b-257 - Voting Rights Of Stockholders
a. Each stockholder owning shares of capital stock with voting rights shall be entitled to vote at any meeting of the capital stock association....
- Section 17:12b-258 - Reports To Stockholders
Every capital stock association shall make available to its stockholders annually, a report of its financial condition as of the end of the fiscal...
- Section 17:12b-259 - Dividends On Capital Stock
The directors of a capital stock association, after payment of interest to depositors may declare dividends on capital stock from net income, earned surplus...
- Section 17:12b-260 - Books And Records Of Capital Stock Associations; Right Of Inspection
a. Each capital stock association shall keep books and minutes of the proceedings of its stockholders, board and executive committee, if any. The capital...
- Section 17:12b-261 - Conversion Of Mutual Association To Capital Stock Association
A mutual association which is a member of the Federal Savings and Loan Insurance Corporation, organized pursuant to the provisions of this act, may...
- Section 17:12b-262 - Plan Of Conversion
The conversion of a mutual association into a capital stock association shall be effected in accordance with the plan of conversion adopted by the...
- Section 17:12b-263 - Adequate Reserve And Capital Requirements
After reorganization or conversion pursuant to the provisions of this act, each capital stock association shall maintain an adequate capital structure appropriate for the...
- Section 17:12b-264 - Power To Create, Issue Capital Stock; Provision For Authorized But Unissued Stock; Certificate Of Amendment
35. a. Each capital stock association shall have power to create and issue the number of shares of capital stock stated in its certificate...
- Section 17:12b-265 - Supervision Of Capital Stock Associations
In the case of a capital stock association, with regard to the provisions of Article XII, the word "member" shall be either inclusive of...
- Section 17:12b-266 - Merger Of Capital Stock Associations
In the case of the merger of any two or more capital stock associations, the procedure to merge shall be as provided in Article...
- Section 17:12b-267 - Conversion Of A Capital Stock Association Into A Federal Association
In the case of a capital stock association, the procedure to convert itself into a Federal association shall be as provided in section 222...
- Section 17:12b-268 - Conversion Of A Federal Association Into A Capital Stock Association
In the case of a Federal association the procedure to convert itself into a capital stock association shall be as provided in section 224...
- Section 17:12b-269 - Commencement Of Business Of Capital Stock Association
Capital stock associations shall not commence business until its accounts have been accepted for Federal Savings and Loan Insurance. L.1974, c. 137, s. 40,...
- Section 17:12b-270 - Dissolution And Liquidation Of Capital Stock Association
In the case of the dissolution and liquidation of a capital stock association, the procedure shall be as set forth in Article XVIII of...
- Section 17:12b-271 - Construction Of Inconsistent Provisions
In the event of inconsistency between the provisions of this Article XXI and other provisions of this act, such other provisions to the extent...
- Section 17:12b-272 - Rules And Regulations
The commissioner shall have power to implement and carry out the provisions and purposes of this Article XXI by the promulgation and issuance of...
- Section 17:12b-277 - Separability; Partial Invalidity
If any provision of this act, or the application thereof to any person, is held invalid, the remaining provisions of this act, and the...
- Section 17:12b-278 - Definitions
As used in this act: a. "Insured institution," "savings and loan holding company," and "control" shall have the respective meanings set forth in section...
- Section 17:12b-279 - Conditions For Acquisition; Control
a. Notwithstanding the provisions of any other law of this State, an eligible insured institution or eligible savings and loan holding company may acquire...
- Section 17:12b-280 - Acquisitions In Other States Permitted
a. Notwithstanding the provisions of any law of this State, an insured institution or savings and loan holding company located in this State may...
- Section 17:12b-281 - Definitions
As used in this act: a. "Insured institution" and "savings and loan holding company" shall have the respective meanings set forth in Title IV,...
- Section 17:12b-282 - Information To Commissioner
a. A savings and loan holding company or an insured institution shall, upon the request of the commissioner, provide to the commissioner a copy...
- Section 17:12b-283 - Examination; Report
a. The commissioner shall have the right to examine any savings and loan holding company which controls a state association, the cost of which...
- Section 17:12b-284 - Notice Of Proposed Acquisition To Commissioner
a. No person, acting directly or indirectly, or through or in concert with one or more other persons, shall acquire or offer to acquire...
- Section 17:12b-285 - Fees
The following fees shall be paid to the commissioner for the use of the State. The fees shall be in the minimum amount indicated...
- Section 17:12b-286 - Fslic Insurance Required
It shall be unlawful, on and after the date three years following the effective date of this act, for any state association to operate...
- Section 17:12b-287 - Management By Commissioner
In the event that any state association shall fail to comply with the provisions of this act, the commissioner may take charge of the...
- Section 17:12b-288 - Insurance Required For Charter
No state association shall be granted a charter by the commissioner on or after the effective date of this act, unless the state association...
- Section 17:12b-289 - Rules, Regulations
The commissioner shall have the authority to promulgate rules and regulations necessary to carry out the purposes of this act. L. 1987, c. 225,...
- Section 17:12b-290 - Violations; Penalties
Upon a finding by the commissioner, after notice and an opportunity to be heard, of a violation by any person of any provision of...
- Section 17:12b-291 - Approval Required For Use Of Word "Savings Bank S. L. A."
Notwithstanding the provisions of section 14 of P.L. 1963, c. 144 (C. 17:12B-14) or any other law of this State, no state association, including...
- Section 17:12b-292 - Definitions
As used in this act: a. "Beneficial owner" (1) Includes any person who, directly or indirectly through any contract, arrangement, understanding, relationship or otherwise,...
- Section 17:12b-293 - Approval Of Commissioner Needed To Acquire More Than 25% Of Voting Shares
No person shall, without the prior approval of the commissioner, acting directly or indirectly or through or in concert with one or more persons:...
- Section 17:12b-294 - Application For Approval; Hearing; Exemption Limitations
a. An application by a person for the approval of the commissioner to obtain control of a capital stock state association, or to acquire...
- Section 17:12b-295 - Factors Used In Determining Approval
In determining whether to approve an acquisition of shares pursuant to section 2 of this act, the commissioner shall consider the following factors: a....
- Section 17:12b-296 - Shares Acquired In Violation Not Counted; Shares To Be Registered
a. Any shares in excess of 25% of the outstanding voting shares of a capital stock state association which are acquired in violation of...
- Section 17:12b-297 - Cease And Desist Orders; Injunction; Penalties
a. Whenever it appears to the commissioner that any person has engaged in or is about to engage in any act or practice which...
- Section 17:12b-298 - Formation Of Mutual State Association Holding Company
a. After the board of directors of an organizing mutual state association has approved the formation of a mutual holding company by a 2/3...
- Section 17:12b-299 - Contents Of Certificate Of Incorporation
a. The board of directors of the organizing mutual state association shall execute a certificate of incorporation for the mutual state association holding company...
- Section 17:12b-300 - Approval Of Charter
If the commissioner determines that the establishment of a mutual state association holding company is in the best interests of the members of the...
- Section 17:12b-301 - Powers Of Mutual State Association Holding Company
a. The general powers of the mutual state association holding company shall be those powers conferred on corporations pursuant to the provisions of N.J.S.14A:3-1,...
- Section 17:12b-302 - Board Of Directors
Every mutual state association holding company shall be managed by a board of not less than six nor more than 21 directors. Directors shall...
- Section 17:12b-303 - Powers Of Board
a. The board of directors of every mutual state association holding company shall have the power to make, amend and repeal bylaws not inconsistent...
- Section 17:12b-304 - Board Officers; Compensation
At the first meeting of the board of directors of the mutual state association holding company following each annual meeting, the board may elect...
- Section 17:12b-305 - Distribution Of Surplus
The board of directors of the mutual state association holding company may, from time to time, by a majority vote of the directors, divide...
- Section 17:12b-306 - Retention Of Interest In Assets
Upon the formation of a mutual state association holding company pursuant to the provisions of this act, the members of the organizing mutual state...
- Section 17:12b-307 - Certificate Of Incorporation For Subsidiary
The directors of a mutual state association holding company which has been established pursuant to sections 7 through 15 of this act may apply...
- Section 17:12b-308 - Certificate Of Incorporation, Affidavit To Commissioner; Contents Of Affidavit
The certificate of incorporation of every subsidiary capital stock state association established pursuant to this act shall be submitted to the commissioner within 60...
- Section 17:12b-309 - Charter Approval
If the commissioner determines that the qualifications, experience and character of the proposed officers and directors of the subsidiary capital stock state association are...
- Section 17:12b-310 - Powers Of Stockholders, Board Of Directors
a. The stockholders of a subsidiary capital stock state association shall have the power to make, alter, and repeal bylaws. The directors of the...
- Section 17:12b-311 - Bylaws
Bylaws shall not be made, altered, or repealed by the stockholders of a subsidiary capital stock state association, except at an annual or special...
- Section 17:12b-312 - Amendment Of Certificate Of Incorporation
21. Whenever the board of directors of a subsidiary capital stock state association deems it advisable to amend the certificate of incorporation, it shall...
- Section 17:12b-313 - Governance Of Subsidiary
The annual meetings, voting rights of stockholders, liability of stockholders and the maintenance of a subsidiary capital stock state association's books and records shall...
- Section 17:12b-314 - Dividends
A subsidiary capital stock state association may declare dividends on its capital stock pursuant to the provisions of section 30 of P.L.1974, c.137 (C.17:12B-259).
- Section 17:12b-315 - Merger
a. All other powers, rights, and privileges of a converted state association or a subsidiary capital stock state association not expressly provided for in...
- Section 17:12b-316 - Merger Or Purchase Or Retention Of Assets And Assumption Of Liabilities
a. A subsidiary capital stock state association may, pursuant to a plan of merger approved by the commissioner, merge with the organizing mutual state...
- Section 17:12b-317 - Alternative To Formation Of Subsidiary
As an alternative to the formation of a subsidiary capital stock state association pursuant to the provisions of sections 16 through 24 of this...
- Section 17:12b-318 - Contents Of Amended Certificate Of Incorporation
In the event that the board of directors elects to follow the procedures provided in paragraph (2) of subsection c. of section 7 of...
- Section 17:12b-319 - Rules, Regulations
The commissioner may promulgate rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), as may be necessary to effectuate...
- Section 17:13-72 - Repeal
Sections 17:13-1 to section 17:13-25 inclusive of the Revised Statutes are hereby repealed and all laws and parts of laws inconsistent with or repugnant...
- Section 17:13-73 - Corporate Central Credit Union; Membership; Voting Representatives
A. One hundred or more credit unions operating under provisions of this act, or operating in this State under the provisions of the federal...
- Section 17:13-73.1 - Purposes Of Corporate Central Credit Union; Application Of Credit Union Act Of 1984
The corporate central credit union shall subject to all parts of "The Credit Union Act of 1984," P.L.1984, c. 171, sections 2 to 46...
- Section 17:13-73.2 - Powers
The corporate central credit union shall have the power to: a. Accept shares or deposits from its members, other state, regional or national corporate...
- Section 17:13-73.3 - Agreements; Purposes
The corporate central union may enter into agreements for the purpose of: a. Participating in any state or federal central liquidity facility or central...
- Section 17:13-73.4 - Setoff Against Accounts Of Members; Lien On Accounts; Security For Loans
The corporate central union shall have a right of immediate setoff against the balances of the share and deposit accounts of each member for...
- Section 17:13-73.5 - Meetings
a. The board of the corporate central credit union shall meet at least every 30 days as provided in the bylaws. b. The annual...
- Section 17:13-73.6 - Reserve Requirements
The corporate central credit union shall be exempt from the regular reserve requirements of this act, but shall be required to establish and maintain...
- Section 17:13-73.7 - Exemption From Insurance Requirements Of Credit Union Act Of 1984
The corporate credit union shall be exempt from the share and deposit insurance requirements of "The Credit Union Act of 1984," P.L.1984, c. 171...
- Section 17:13-74 - Conversion To Or From A Federal Credit Union
A credit union organized under the provisions of this act may convert to operation as a Federal Credit Union, or a Federal Credit Union...
- Section 17:13-75 - Insurance; Exception
Within 1 year of the effective date of this act, every credit union incorporated under the act to which this act is a supplement...
- Section 17:13-76 - Failure To Apply Or Denial Of Commitment For Insurance; Extension Of Time
A credit union which has failed to apply or which has been denied a commitment for such insurance shall within 60 days of the...
- Section 17:13-77 - Charter; Necessity Of Insurance
No credit union shall be granted a charter by the commissioner on or after the effective date of this act, unless the credit union...
- Section 17:13-78 - Reports Of Financial Condition And Examination Reports
The commissioner may make available reports of financial condition and examination reports to the National Credit Union Administration or to any qualified insuring organization...
- Section 17:13-79 - Short Title
Sections 2 through 46 of this act shall be known and may be cited as "The Credit Union Act of 1984." L.1984, c. 171,...
- Section 17:13-80 - Definitions
For the purposes of this act: a. "Board" means the board of directors of the credit union. b. "Commissioner" means the Commissioner of Banking....
- Section 17:13-81 - Incorporation Of Credit Union; Application; Fee; Certificate Of Incorporation.
3. a. Seven or more natural persons, all of whom are residents of this State, may incorporate a credit union on the terms and...
- Section 17:13-82 - Disapproval Of Application; Annexation; Filing Of Certificate Of Approval.
4.The commissioner shall disapprove the application if the commissioner finds that: a.The incorporation of the proposed credit union will not be in the public...
- Section 17:13-83 - Organizational Meeting; Notice
The organizational meeting of the members of the credit union shall take place within ten days of the filing of the certificate of incorporation....
- Section 17:13-84 - Affidavit Of Incorporators
Before the commissioner may issue a certificate of authority, two of the incorporators shall submit an affidavit to the commissioner which attests to the...
- Section 17:13-85 - Issuance Of Certificate Of Authority; Transaction Of Business
Within 30 days of receipt of the affidavit required by section 6 of this act, the commissioner shall issue a certificate of authority for...
- Section 17:13-86 - Amendment Of Certificate Of Incorporation; Approval Of Commissioner
a. A credit union may amend its certificate of incorporation in the following manner: (1) The board shall approve the proposed amendment and direct...
- Section 17:13-87 - Insurance Of Accounts; Financial Condition And Examination Reports
a. No credit union shall be granted a charter on or after the effective date of this act unless the incorporators have obtained a...
- Section 17:13-88 - Name Of Credit Union; Unauthorized Use Of Words "Credit Union" In Name; Penalty
a. The name of every credit union incorporated under this act shall contain the words "Credit Union." No name shall be adopted by any...
- Section 17:13-89 - Powers.
11.A credit union's powers shall include, but not be limited to, the power to: a.Make contracts; b.Sue and be sued; c.Adopt and use a...
- Section 17:13-90 - Powers Of Commissioner.
12.The commissioner shall have the power to make, amend and repeal regulations permitting credit unions to exercise any power, right, benefit, or privilege permitted...
- Section 17:13-91 - Change Of Location Of Office; Facilities For Meetings Or Services
a. A credit union may change the location of its office by resolution of the board. A copy of the resolution, attested by the...
- Section 17:13-92 - Membership Of Credit Union; Regulations.
14. a. The membership of a credit union shall be limited to and consist of the incorporators and other persons that are members of...
- Section 17:13-92.1 - Credit Unions Approved For Inclusion Of More Than One Group; Continuation Permitted.
5.A credit union that has been approved to include more than one group within its field of membership prior to the effective date of...
- Section 17:13-93 - Meetings; Vote Of Members; Quorum
a. The annual meeting of the members of the credit union shall be held on a date to be designated by the board for...
- Section 17:13-94 - Bylaws; Approval Of Commissioner
Every credit union shall, by majority vote of its members, adopt bylaws consistent with the laws of this State. The bylaws may be amended...
- Section 17:13-95 - Board Of Directors; Membership; Vacancy; Meetings
The credit union shall be directed by a board consisting of an odd number of directors, not less than five in number, who shall...
- Section 17:13-96 - Chairman Of Board; Officers; Compensation; Bond Of Officers; Duties
The board of directors or the members, as provided by the bylaws, shall elect a chairman, who shall be a member of the board,...
- Section 17:13-97 - Executive Committee Of Board; Powers; Limitations; Minutes
a. The board may appoint an executive committee of the board, consisting of not less than three directors, which may be authorized to act...
- Section 17:13-98 - Examining Committee; Members; Audit Or Examination Of Credit Union
The members of each credit union shall elect an examining committee, composed of at least three members, none of whom shall be officers, directors,...
- Section 17:13-99 - Special Meeting Called By Examining Committee; Suspension Of Officer Or Member
a. The examining committee may, by a majority vote of its members, call a special meeting of the members to consider any violation of...
- Section 17:13-100 - Credit Committee
22. a. If the bylaws provide for a credit committee, then pursuant to the provisions of the bylaws, the board shall appoint, or the...
- Section 17:13-101 - Issuance Of Shares And Certificates; Deposits; Accounts Offered; Trustee Or Custodian Of Accounts And Funds; Payment Of Dividends
a. A credit union shall issue shares and share certificates, which shall constitute the capital of the credit union. Shares may be subscribed to,...
- Section 17:13-101.1 - Savings Promotion Conducted By Credit Union.
3. a. A credit union may conduct a savings promotion provided that the credit union: (1)conducts the promotion in a manner so as to...
- Section 17:13-102 - Minors; Transactions; Membership Privileges
a. Shares, share certificates, and deposit certificates may be issued to, and deposits received from, a minor who may withdraw the shares and deposits,...
- Section 17:13-103 - Withdrawal Of Funds For Payment; Nonmembers; Retirement Of Shares
a. Shares, share certificates, deposits and deposit certificates of a credit union may be withdrawn for payment to the account holder or to third...
- Section 17:13-104 - Loans To Members; Security; Interest; Fees; Lien On Accounts
a. A credit union may make loans to its members, evidenced by a written instrument, upon terms and upon any security, including, but not...
- Section 17:13-105 - Manner Of Payment Of Loans To Members
Loans made by credit unions may be payable to the members in a lump sum or in installments, of the following types: a. Loans...
- Section 17:13-106 - Credit To Director, Officer, Employee, Or Committee Member; Participation In Determination Of Question Of Interest
a. No credit union may extend credit to any member of the board, any officer, or member of a committee or to any related...
- Section 17:13-107 - Investment Of Funds
Funds not used in loans to members may be invested: a. In securities, obligations, or other instruments of or issued by or fully guaranteed...
- Section 17:13-108 - Inactive Accounts; Special Reserve Accounts; Escheat Of Funds
When no transaction has occurred in a member's share or deposit account for 12 months and his whereabouts are unknown, as verified by the...
- Section 17:13-109 - Gross Earnings; Reserve Funds; Contributions; Regulation Of Reserve Requirements
a. Immediately before the payment of each dividend, the gross earnings of the credit union shall be determined, and from this amount there shall...
- Section 17:13-110 - Merger Of Credit Unions
a. Any credit union may, with the approval of the commissioner, merge with another credit union under the existing charter of the continuing credit...
- Section 17:13-111 - Annual Report By Credit Union; Violations, Penalties.
33. Every credit union shall submit a report in writing to the commissioner of its condition at the close of business on the 31st...
- Section 17:13-112 - Supervision And Examination By Commissioner; Exhibition Of Papers And Documents; Subpenas; Perjury
a. Every credit union shall be subject to the supervision and examination of the commissioner. In lieu of making an examination of a credit...
- Section 17:13-113 - Expenses Of Examination
Every credit union examined by the commissioner shall pay the actual expenses of the examination, and the commissioner may maintain an action against any...
- Section 17:13-114 - Discontinuation Of Illegal Activity; Order
If it appears to the commissioner that any credit union has violated its certificate of incorporation, bylaws, or any law of this State, or...
- Section 17:13-115 - Violation Of Law, Unauthorized Actions, Or Refusal To Be Examined; Institution Of Court Action For Possession
Whenever it appears to the commissioner: a. That a credit union has violated its charter or any law of this State; or b. That...
- Section 17:13-116 - Injunctions; Receivers; Other Relief Or Correction
In any action instituted in the Superior Court pursuant to section 37 of this act, the court may enjoin the credit union from the...
- Section 17:13-117 - Possession By Commissioner Of Property And Business; Dissolution Of Credit Union; Trustees In Dissolution
Whenever the commissioner shall take possession of the property and business of a credit union pursuant to section 37 of this act, he shall...
- Section 17:13-118 - Continuation Of Business By Commissioner; Authority And Powers
Upon taking possession of the property and business of a credit union, the commissioner may, pending the return of its property and business to...
- Section 17:13-119 - Assistant Deputy Commissioners; Employment Of Counsel And Other Expert Assistance; Powers On Receivership Of Commissioner And Members
The commissioner may, under his hand and official seal, appoint one or more special assistant deputy commissioners as agent or agents to assist him...
- Section 17:13-120 - Notice Of Possession Of Business And Property By Commissioner; Stay Of Levies And Executions
Upon taking possession of the property and business of any credit union, the commission shall give notice of this fact to all banks, trust...
- Section 17:13-121 - Grievance With Action Of Commissioner; Court Proceedings For Injunction
Whenever any credit union or a member thereof deems itself or himself aggrieved by the commissioner's taking possession of that credit union, that credit...
- Section 17:13-122 - Voluntary Dissolution; Liquidation; Notice To Authorities; Suspension Of Activities; Approval Of Members; Wind-up Of Affairs; Distribution Of Assets; Certificate Of Dissolution
a. A credit union may elect to dissolve voluntarily and liquidate its affairs in the manner prescribed in this section. b. The board shall...
- Section 17:13-123 - Conversion To Or From A Federal Credit Union
A credit union organized under the provisions of this act may convert to operation as a federal Credit Union, or a federal Credit Union...
- Section 17:13-124 - Credit Union Advisory Council.
46. a. A Credit Union Advisory Council is created which shall consult with, advise, and make recommendations to the commissioner on matters pertaining to...
- Section 17:13-125 - Rules And Regulations
The commissioner shall promulgate any rules and regulations which he deems necessary to effectuate the purposes of this act. L.1984, c. 171, s. 57,...
- Section 17:13a-1 - Application Of Act
This act applies to advertisements made in connection with loans which are payable in installments and upon which interest is (a) received in advance,...
- Section 17:13a-2 - Definitions
As used in this act, (a) "person" means an individual, a corporation, a partnership and every other organized group of persons; (b) "loan" means...
- Section 17:13a-3 - Requirements
No advertisement made or caused to be made by a lender shall contain any statement making reference to or setting forth a stated rate...
- Section 17:13a-4 - Violation
Any lender who willfully violates the provisions of section 3 of this act shall be a disorderly person. L.1965, c. 169, s. 4.
- Section 17:13a-5 - Citation
This act may be cited as the "Installment Loan Rate Advertising Act." L.1965, c. 169, s. 5.
- Section 17:13b-1 - Short Title
This act shall be known as "The State Bank Parity Act" . L.1981, c. 4, s. 1, eff. Jan. 23, 1981.
- Section 17:13b-2 - Depository Institutions, Rate Of Interest, Other Charges, Fees On Loans, Authorized.
2.Notwithstanding any provisions of R.S.31:1-1 or any other statute to the contrary, any bank, savings bank, savings and loan association or credit union may...
- Section 17:14a-1 - Definitions
As used in this chapter: a. "Commissioner" means the Commissioner of Banking of New Jersey; b. "Department" means the Department of Banking of New...
- Section 17:14a-2 - Applicability Of Chapter
This chapter shall apply to all corporations organized prior to and after the effective date of this chapter. L.1983, c. 566, s. 17:14A-2.
- Section 17:14a-3 - Carrying On Safe Deposit Business
A corporation organized under any law other than this chapter shall not be authorized to carry on a safe deposit business, but this section...
- Section 17:14a-4 - Use Of Words "Safe Deposit"
A corporation organized under any law other than this chapter shall not use the words "safe deposit" as part of its name. L.1983, c....
- Section 17:14a-5 - Reservation Of Power
This chapter may be supplemented, altered, amended or repealed by the Legislature, and every corporation to which this chapter applies shall be bound thereby....
- Section 17:14a-6 - Incorporators
Any five or more persons who are residents of this State, hereinafter referred to as incorporators, may associate to form a corporation for the...
- Section 17:14a-7 - Certificate Of Incorporation
The incorporators shall personally sign and prove or acknowledge as is required for deeds of real estate, a certificate of incorporation, which shall state:...
- Section 17:14a-8 - Original Bylaws
The original bylaws of the corporation shall be adopted by the incorporators. L.1983, c. 566, s. 17:14A-8.
- Section 17:14a-9 - Application To Commissioner For Approval; Notice Of Hearing
The certificate of incorporation and the bylaws shall be submitted to the commissioner for his approval. Within 10 days thereafter, the commissioner shall give...
- Section 17:14a-10 - Publishing Notice Of Application And Hearing By Incorporators
The incorporators shall give public notice of the application and of the time and place designated by the commissioner for the hearing thereon, by...
- Section 17:14a-11 - Mailing Copy Of Notice To Other Companies; Request To Commissioner To Furnish Names
The incorporators shall also mail or cause to be mailed, at least three weeks prior to the time designated for the hearing, a copy...
- Section 17:14a-12 - Hearing; Examination Or Investigation By Commissioner
At the hearing on the application to approve the certificate of incorporation or at any adjournment granted by the commissioner, anyone desiring to be...
- Section 17:14a-13 - Commissioner's Findings
The commissioner shall approve the application and issue a certificate of approval which shall be endorsed upon or annexed to the certificate of incorporation...
- Section 17:14a-14 - Commissioner's Decision
Within 30 days after the close of the hearing, the commissioner shall announce his decision upon such application and file in his office, a...
- Section 17:14a-15 - Filing Certificate Of Incorporation As Evidence
If the application is approved by the commissioner, he shall endorse upon or annex to the certificate of incorporation a certificate of approval and...
- Section 17:14a-16 - Beginning Of Corporate Existence; Transaction Of Business
Upon the filing of the certificate of incorporation as provided in R.S. 17:14A-15, the subscribers to the certificate, their successors and assigns, shall be...
- Section 17:14a-17 - Payment Of Capital; Filing Proof With Commissioner
The full amount of capital shall be paid in, in cash, before a safe deposit company transacts any business, except that which relates to...
- Section 17:14a-18 - Certificate Of Authority To Transact Business
The commissioner shall issue a certificate of authority to a safe deposit company in which it shall be stated that the safe deposit company...
- Section 17:14a-19 - Time Within Which To Issue Certificate Or Notify Company Of Refusal
The commissioner shall, within 30 days after receipt of the company's certificate of incorporation and the verified certificate certifying as to the payment of...
- Section 17:14a-20 - Review Of Refusal To Issue Certificate Of Authority
The commissioner's failure to issue the certificate of authority or to notify the company in writing of his reasons for refusal to issue the...
- Section 17:14a-21 - Dissolution For Failure To Obtain Certificate Of Authority Or Commence Business
If a safe deposit company shall fail to obtain a certificate of authority within six months from the date of the commissioner's approval of...
- Section 17:14a-22 - Tolling Of Time To Obtain Certificate Of Authority Or Commence Business
If proceedings are instituted to review the commissioner's approval of an application to file a certificate of incorporation or to review the commissioner's failure...
- Section 17:14a-23 - Powers
In addition to the powers conferred by Title 14A of the New Jersey Statutes, Corporations, General, so far as they are not inconsistent with...
- Section 17:14a-24 - Directors; Number; Election; Term
The affairs of a safe deposit company shall be managed by a board of at least five directors elected by the stockholders of the...
- Section 17:14a-25 - Directors; Voting Rights Of Stockholders
At a meeting of stockholders for the election of directors, a stockholder shall be entitled to one vote for each share of stock owned....
- Section 17:14a-26 - Directors; Oath
Each director shall, following his election and before the assumption of any duties as a director, take an oath that he will, so far...
- Section 17:14a-27 - Bonding Of Directors, Officers And Employees
Every safe deposit company shall, at its own expense, cause to be bonded, by a surety company or companies authorized to transact business in...
- Section 17:14a-28 - Bonding Of Directors, Officers And Employees; Waiver
If a safe deposit company is unable to obtain the bond or bonds required by R.S. 17:14A-27, the commissioner may, in his discretion, waive...
- Section 17:14a-29 - Branch Offices; Capital Requirements; Location
A safe deposit company may, pursuant to a resolution of its board of directors and by an amendment to its certificate of incorporation to...
- Section 17:14a-30 - Branch Offices; Application, Approval
Before a branch office shall be established, the safe deposit company shall file a written application in the department for the commissioner's approval. The...
- Section 17:14a-31 - Branch Offices; Failure To Open And Operate
The failure of a safe deposit company to open and operate a branch office within six months after the commissioner approves the application therefor...
- Section 17:14a-32 - Branch Offices; Discontinuance
By resolution of its board of directors, a safe deposit company may discontinue a branch office. Upon adoption of the resolution, the safe deposit...
- Section 17:14a-33 - Change Of Principal Or Branch Office; Application
A safe deposit company may change the location of its principal office or of a branch office to a location by filing an application...
- Section 17:14a-34 - Change Of Principal Or Branch Office; Approval
The commissioner shall approve the application for a change of location of the principal office of a safe deposit company or a branch office...
- Section 17:14a-35 - Merger
Any safe deposit company may, with the approval of the commissioner, merge with any other safe deposit company, bank, savings bank or savings and...
- Section 17:14a-36 - Merger Agreement; Authorization
The boards of directors of each company proposing to merge shall authorize the execution of a merger agreement which shall contain: a. The names...
- Section 17:14a-37 - Consolidation
Any two or more safe deposit companies may, with the approval of the commissioner, consolidate into a new company as hereinafter provided. L.1983, c....
- Section 17:14a-38 - Consolidation Plan; Authorization
The boards of directors of each safe deposit company proposing to consolidate into a new company shall authorize the execution of a plan of...
- Section 17:14a-39 - Approval Or Disapproval Of Merger Agreement Or Consolidation Plan By Commissioner
The merger agreement or consolidation plan, executed by all the parties thereto, shall be submitted to the commissioner who shall, within 60 days from...
- Section 17:14a-40 - Review Of Commissioner's Disapproval Of Merger Agreement Or Consolidation Plan
The commissioner's disapproval of a merger agreement or consolidation plan, as provided in R.S. 17:14A-39, shall be subject to review by appeal to the...
- Section 17:14a-41 - Submission Of Merger Agreement Or Consolidation Plan To Stockholders
If the commissioner approves the merger agreement or consolidation plan, or if the merger agreement or consolidation plan is approved after review as provided...
- Section 17:14a-42 - Approval By Stockholders; Filing Agreement Or Plan
If the merger agreement or consolidation plan is approved by the affirmative vote of 2/3 of the stockholders of each company, that fact shall...
- Section 17:14a-43 - Merger Agreement Or Consolidation Plan As Evidence
A copy of the merger agreement or consolidation plan, certified by the commissioner, shall be evidence in all courts and places. L.1983, c. 566,...
- Section 17:14a-44 - Recording Copy Of Merger Agreement Or Consolidation Plan With County Recording Officer
A copy of the merger agreement or consolidation plan, certified by the commissioner, may be recorded in the office of the county recording officer...
- Section 17:14a-45 - Effect Of Merger Or Consolidation
Upon the merger or consolidation of two or more safe deposit companies: a. The parties to the merger agreement or plan of consolidation shall...
- Section 17:14a-46 - Merger Or Consolidation; Issuance Of New Stock Certificates
A surviving company or the new company resulting from a merger or consolidation shall require each stockholder of a company participating in a merger...
- Section 17:14a-47 - Liability Of Stockholders
The holders of shares of capital stock of a safe deposit company shall not be liable, by reason of their owning the stock, for...
- Section 17:14a-48 - Language In Rental Agreement
An agreement for the rental of vaults, safe deposit boxes, and other receptacles for the storage and safekeeping of personal property shall be written...
- Section 17:14a-49 - Notice To Lessee As To Insurance And Contents Of Vaults, Etc.
An agreement for the rental vaults, safe deposit boxes or other receptacles for the storage and safekeeping of personal property shall contain language in...
- Section 17:14a-50 - Books And Records
A safe deposit company shall keep and maintain all books and records required by law and in addition thereto shall keep and maintain all...
- Section 17:14a-51 - Proceedings For Unpaid Rental
17:14A-51. If the amount due for the rental of any vault, safe deposit box or receptacle for the storage and safekeeping of personal property...
- Section 17:14a-52 - Accessibility To Vault, Safe Deposit Box Or Receptacle
The right of access to a vault, safe deposit box or receptacle rented to a lessee by a safe deposit company shall be governed...
- Section 17:14a-53 - Control Of Safe Deposit Company
It shall be unlawful for any person or company, except with the approval of the commissioner, to acquire control of a safe deposit company...
- Section 17:14a-54 - Control Of Safe Deposit Company; "Control" Defined
As used in R.S. 17:14A-53, "control" means the possession, directly or indirectly, of the power to direct or cause the direction of the management...
- Section 17:14a-55 - Control Of Safe Deposit Company; "Company" Defined
As used in R.S. 17:14A-53, "company" means a corporation, joint stock company, business trust, investment trust, general or limited partnership, voting trust, association, and...
- Section 17:14a-56 - Control Of Safe Deposit Company; Application To Commissioner
A person or company seeking to acquire control of a safe deposit company shall file a written application therefor with the commissioner which shall...
- Section 17:14a-57 - Control Of Safe Deposit Company; Investigation By Commissioner
After the filing of the application as provided in R.S. 17:14A-56, the commissioner shall conduct an investigation to determine whether: a. The acquisition of...
- Section 17:14a-58 - Control Of Safe Deposit Company; Approval Or Disapproval Of Application
The commissioner shall notify the applicant in writing of his approval or disapproval of the application to acquire control within 90 days after its...
- Section 17:14a-59 - Control Of Safe Deposit Company; Review Of Commissioner's Disapproval
The commissioner's disapproval of an application to acquire control of a safe deposit company shall be subject to review by appeal in the Appellate...
- Section 17:14a-60 - Communications Received From The Commissioner
Every official communication directed to and received by a safe deposit company or any of its officers or directors shall be submitted to the...
- Section 17:14a-61 - Examination Of Safe Deposit Company Affairs; By Whom Made
The board of directors of a safe deposit company shall have an examination of the company's affairs made, from time to time, by or...
- Section 17:14a-62 - Examination Of Safe Deposit Company Affairs; Scope
The scope of examinations made as required by R.S. 17:14A-61 shall be as determined by regulations of the commissioner or, in the absence of...
- Section 17:14a-63 - Examination Of Safe Deposit Company Affairs; When Made
An examination pursuant to R.S. 17:14A-61 shall be made at least once in each calendar year and shall be commenced not less than six...
- Section 17:14a-64 - Examination Of Safe Deposit Company Affairs; Report; Statement By Directors; Filing
Within 60 days after completion of an examination made pursuant to R.S. 17:14A-61, a report thereof, in a form prescribed by the commissioner, certified...
- Section 17:14a-65 - Examination Of Safe Deposit Company Affairs; Curtailment Or Extension Of Time By Commissioner
The commissioner shall have power, for good cause shown, to curtail the six-month period, and to extend the 15-month period specified in R.S. 17:14A-63...
- Section 17:14a-66 - Reports To Commissioner As To Assets And Liabilities
A safe deposit company shall make and file with the commissioner, in the form prescribed by the commissioner, periodic reports as the commissioner may...
- Section 17:14a-67 - Special Reports As To Condition Of Company
The commissioner shall have the power to call for special reports from a safe deposit company when, in his judgment, a special report is...
- Section 17:14a-68 - Penalty For Failure To Make And File Report
A safe deposit company which fails to make and file a report as required pursuant to R.S. 17:14A-66 and R.S. 17:14A-67 shall be subject...
- Section 17:14a-69 - Publication Of Report
A summary of each report filed pursuant to R.S. 17:14A-66, in a form prescribed by the commissioner, shall be published by the safe deposit...
- Section 17:14a-70 - Examination Of Safe Deposit Companies By Commissioner
The commissioner shall, whenever and as often as he shall deem it advisable, cause the affairs of every safe deposit company to be examined...
- Section 17:14a-71 - Examination Of Safe Deposit Companies By Commissioner; Examination Of Witnesses
The commissioner, a deputy commissioner, and every examiner assigned by the commissioner or by a deputy commissioner to examine the affairs of a company...
- Section 17:14a-71.1 - Examinations Confidential
Every report and copy of a report of examination of a safe deposit company made by or under the supervision of the commissioner shall...
- Section 17:14a-71.2 - Examinations Confidential; Evidence; Subpenas
Every report and copy of a report of examination of a safe deposit company made by or under the supervision of the commissioner shall...
- Section 17:14a-72 - Commissioner's Powers On Ultra Vires, Unlawful And Unsafe Practices
If the commissioner finds that a safe deposit company is violating the provisions of its certificate of incorporation, or is conducting its business in...
- Section 17:14a-73 - Review Of Commissioner's Order To Cease Ultra Vires, Unlawful Or Unsafe Practices
An order of the commissioner made pursuant to R.S. 17:14A-72 shall be subject to review by appeal to the Appellate Division of the Superior...
- Section 17:14a-74 - Penalty For Failure To Comply With Commissioner's Order As To Ultra Vires, Unlawful And Unsafe Practices
A safe deposit company which continues to violate the provisions of its certificate of incorporation or which continues to conduct its business in violation...
- Section 17:14a-75 - Removal Of Director Or Officer
Whenever, in the opinion of the commissioner, any director or officer of a safe deposit company has and continues to violate any law relating...
- Section 17:14a-76 - Participation In Management Of Company After Removal From Office
Any director or officer who, after service upon him of a copy of the order removing him from office, participates in any manner in...
- Section 17:14a-77 - Record Of Proceedings To Remove Director Or Officer Not To Be Made Public; Exception
No part of the record of any proceedings under R.S. 17:14A-75 shall be made public or disclosed to anyone except the director or officer...
- Section 17:14a-77.1 - Review Of Commissioner's Order To Remove Director Or Officer
An order by the commissioner made pursuant to R.S. 17:14A-75 shall be subject to review by appeal to the Appellate Division of the Superior...
- Section 17:14a-78 - Costs Of Examination Of Safe Deposit Company
Every safe deposit company shall pay to the commissioner for the use of the State the reasonable costs of each examination of its affairs...
- Section 17:14a-79 - Filing Documents And Reports
All documents and reports which are required to be filed by a corporation pursuant to the provisions of Title 14A, Corporations, General, of the...
- Section 17:14a-80 - Custodial Possession By Commissioner; Causes
The commissioner shall have the authority to institute an action in the Superior Court to take custodial possession of the property of any safe...
- Section 17:14a-81 - Custodial Possession By Commissioner; Purpose
Possession by the commissioner shall be for the sole purpose of serving as a custodian of the safe deposit company until the lessees of...
- Section 17:14a-82 - Custodial Possession By Commissioner; Return Of Property To Management Of Safe Deposit Company
If and when the commissioner determines that the cause or causes for his taking custodial possession of a safe deposit company have been removed...
- Section 17:14a-83 - Custodial Possession By Commissioner; Corporate Title And Existence
Notwithstanding the taking of custodial possession of the property of a safe deposit company by the commissioner: a. Title to all the property of...
- Section 17:14a-84 - Custodial Possession By Commissioner; Notice To Commissioner
A safe deposit company shall immediately notify the commissioner in writing of any of the actions or proceedings set forth in subsections a. through...
- Section 17:14a-85 - Custodial Possession By Commissioner; Surety Bond
A safe deposit company shall file and keep on file with the commissioner a surety bond obtained from a surety company authorized to transact...
- Section 17:14a-86 - Standards For Vaults
Vaults shall have walls, floors and ceiling of reinforced concrete at least 12 inches in thickness constructed as follows: a. Two grids of #5...
- Section 17:14a-87 - Standards For Vault Doors
Vault doors shall be made of steel at least 3 1/2 inches in thickness, or other drill and torch resistant material, and be equipped...
- Section 17:14a-88 - Standards For Safes
A safe shall weigh at least 750 pounds empty, or be securely anchored to the premises where located. The body shall consist of steel,...
- Section 17:14a-89 - Safe Deposit Box Standards
A safe deposit box used to store and safeguard a lessee's personal property shall be enclosed in a vault or safe meeting the minimum...
- Section 17:14a-90 - Surveillance Systems
A surveillance system shall be provided for each office of a safe deposit company which shall: a. Be equipped with one or more photographic,...
- Section 17:14a-91 - Robbery Alarm Systems
A robbery alarm system shall be provided for each office of a safe deposit company at which the police ordinarily can arrive within five...
- Section 17:14a-92 - Burglary Alarm Systems
A burglary alarm system shall be provided for each office of a safe deposit company. Burglary alarm systems shall be: a. Capable of detecting...
- Section 17:14a-93 - Notice Of Crime
The board of directors of a safe deposit company shall promptly notify the commissioner of any crime committed or attempted to be committed against...
- Section 17:14a-94 - Rules And Regulations
In addition to other powers and duties vested in him by this chapter or by any other law, the commissioner is authorized and empowered...
- Section 17:14a-95 - Dissolution
A safe deposit company may be dissolved in the manner provided by chapter 12 of Title 14A, Corporations, General of the New Jersey Statutes,...
- Section 17:14a-96 - Filing Fees
A safe deposit company shall pay to the commissioner for the use of the State: a. For filing an application for charter ...... $2,500.00...
- Section 17:14a-97 - Statutes Repealed
The following are repealed: R.S. 17:14-1 to R.S. 17:14-8 inclusive. L.1983, c. 566, s. 17:14A-97.
- Section 17:15a-30 - Short Title
1. This act shall be known and may be cited as "The Check Cashers Regulatory Act of 1993." L.1993,c.383,s.1.
- Section 17:15a-31 - Definitions.
2.As used in this act: "Applicant" means a person who has applied or is in the process of applying for a license pursuant to...
- Section 17:15a-32 - License Required
3. No person shall cash a check for a fee unless that person has a license. The license shall not be transferable or assignable.
- Section 17:15a-32.1 - Sale Of Check Cashing Business.
1. a. A person who is conducting business as a check casher pursuant to P.L.1993, c.383 (C.17:15A-30 et seq.), whose license was continued pursuant...
- Section 17:15a-33 - Application For Licensure; Requirements
4. Any person wishing to be licensed to cash checks for a fee shall: a. Submit to the commissioner a completed written application on...
- Section 17:15a-34 - Approval Of Application
5. The commissioner shall approve an application for a license if: a. The applicant has complied with the requirements of section 4 of this...
- Section 17:15a-35 - Contents Of Application.
6.The application for a license shall include, but not be limited to, the following: a.The name, age, business address, residence and present and previous...
- Section 17:15a-36 - Fingerprinting, Background Checks For Licensees
7. Each director, substantial stockholder, officer, owner, partner, manager, and employee in the check cashing business of a licensee shall submit to being fingerprinted...
- Section 17:15a-37 - Required Capital, Net Worth, Liquid Assets.
8.An applicant shall prove, in a manner and form satisfactory to the commissioner, that the applicant has available for the operation of its check...
- Section 17:15a-38 - Licensee To Engage Services Of Public Accountant
9. a. Each applicant shall engage and each licensee shall maintain the services of a public accountant, which accountant shall assist the licensee to...
- Section 17:15a-39 - License Required For Operation, Conditions
10. No applicant for a license shall commence operations until a license has been issued. The commissioner shall not issue a license unless the...
- Section 17:15a-40 - Valid License, Civil Actions.
11. a. A license shall be valid until surrendered by the licensee, or unless revoked or suspended pursuant to this act. b.The license shall...
- Section 17:15a-41 - Maintenance Of Offices By Licensee; Requirements
12. a. Except as provided in subsections b., c. and d. of this section, a licensee shall have and maintain a single office at...
- Section 17:15a-42 - Approval Required For Sale, Transfer Of Business
13. Any sale or transfer of a controlling interest in a licensee's or applicant's check cashing business shall be approved by the commissioner prior...
- Section 17:15a-43 - Fees Permitted.
14.No licensee shall charge a fee or receive any other consideration, directly or indirectly, which is greater than the amount permitted pursuant to this...
- Section 17:15a-44 - Responsibilities Of Licensee.
15.A licensee shall: a.Conspicuously display at each office, limited branch office or mobile office it operates the original license, certificate or branch authorization, as...
- Section 17:15a-45 - Annual Report By Check Cashing Business; Violations, Penalties.
16. Each licensee shall annually file a report with the commissioner giving the information the commissioner may require concerning its check cashing business and...
- Section 17:15a-46 - Right To Examine Books, Records
17. The department shall have the right to examine the books and records, and the place or places of business of any licensee. The...
- Section 17:15a-47 - Prohibitions For Licensees.
18.No licensee, or any person acting on behalf of a licensee, shall: a.Cash a check which is made payable to a payee which is...
- Section 17:15a-48 - Revocation, Suspension Of License.
19. a. Except as provided in subsection c. of this section, the commissioner may revoke or suspend a license if, after notice and hearing,...
- Section 17:15a-49 - Violations, Penalties.
20. a. Any person who knowingly cashes a check for consideration without having first obtained a license as required by section 3 of P.L.1993,...
- Section 17:15a-50 - Compliance Of Existing Licensees; Nonapplicability Of Act.
21. a. Any person holding a license in good standing issued pursuant to "The Check Cashing Law," P.L.1951, c.187 (C.17:15A-1 et seq.), and who...
- Section 17:15a-51 - Waivers Unenforceable, Void
22. Any agreement to waive any requirement contained in this act shall be unenforceable and void. L.1993,c.383,s.22.
- Section 17:15a-52 - Rules, Regulations.
23. a. The commissioner shall promulgate rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), necessary to effectuate the...
- Section 17:15c-1 - Short Title.
1.This act shall be known and may be cited as the "New Jersey Money Transmitters Act." L.1998,c.14,s.1.
- Section 17:15c-2 - Definitions Relative To Money Transmitters.
2.As used in this act: "Applicant" means a person filing an application for a license under this act. "Authorized delegate" means an entity authorized...
- Section 17:15c-3 - Inapplicability Of Act; Exemptions.
3. a. This act shall not apply to: (1)The United States or any department, agency, or instrumentality thereof; (2)The United States Postal Service; (3)The...
- Section 17:15c-4 - License Required.
4. a. No person, other than a person exempt from the provisions of this act pursuant to section 3, shall engage in the business...
- Section 17:15c-5 - Net Worth Requirements For Licensees.
5. a. (1) Except as provided pursuant to paragraph (2) of this subsection a., for a person licensed to engage in business in this...
- Section 17:15c-6 - Possession Of Security Device, Permissible Investments.
6. a. Each licensee shall at all times possess a surety bond, irrevocable letter of credit or such other similar security device acceptable to...
- Section 17:15c-7 - Application For License; Requirements.
7.Each application for a license shall be made in writing, under oath, and in a form prescribed by the commissioner. Each application shall contain:...
- Section 17:15c-8 - Accompaniment Of Application With Security Device; Amounts Required; Conditions.
8. a. (1) Except as provided pursuant to paragraph (2) of this subsection a., each application shall be accompanied by a surety bond, irrevocable...
- Section 17:15c-9 - Investigation Of Applicants For Licensing, Renewal; Licensing Period.
9. a. Upon the filing of a complete application, in the case of an initial application, or the filing of a complete renewal application,...
- Section 17:15c-10 - Keeping Of Records Required.
10. a. Each licensee, shall make, keep and preserve the following books, accounts and other records for a period of three years: (1)a record...
- Section 17:15c-11 - Investigation, Examination Of License.
11. a. The commissioner may investigate and examine any licensee or other person the commissioner deems necessary to determine compliance with this act and...
- Section 17:15c-12 - Annual Reports; Violations, Penalties.
12. a. Each licensee shall file with the commissioner an annual report containing the information required by the commissioner by regulation. b.The commissioner may...
- Section 17:15c-13 - Written Report Required Upon Occurrence Of Certain Events.
13.Within 15 days of the occurrence of any one of the events listed below, a licensee shall file a written report with the commissioner...
- Section 17:15c-14 - Approval For Acquisition Of Control Of Licensee; Application, Fee.
14. a. A person shall not directly or indirectly acquire control of a licensee without the prior written approval of the commissioner. The application...
- Section 17:15c-15 - Confidentiality Of Information, Reports.
15. a. Notwithstanding any other provision of law, all information or reports obtained by the department from an applicant, licensee or authorized delegate, whether...
- Section 17:15c-16 - Suspension, Revocation Of License.
16.After notice and hearing pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the commissioner may suspend or revoke a licensee's license...
- Section 17:15c-17 - Authorization Of Delegates.
17.Licensees desiring to conduct licensed activities through authorized delegates shall authorize each delegate to operate pursuant to an express written contract, which shall provide...
- Section 17:15c-18 - Regulations Pertinent To Delegates.
18. a. An authorized delegate shall not make any fraudulent or false statement or misrepresentation to a licensee or to the commissioner. b.All money...
- Section 17:15c-19 - Violations By Delegates; Issuance Of Order Suspending, Barring; Application For Modification, Rescission.
19. a. If, after notice and a hearing, the commissioner finds that any authorized delegate of a licensee or any director, officer, employee, or...
- Section 17:15c-20 - Limitation Of Licensee's Responsibility.
20.A licensee's responsibility to any person for a money transmission conducted on that person's behalf by the licensee or the licensee's authorized delegate shall...
- Section 17:15c-21 - Applicability Of Apa.
21.The provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) shall apply to any hearing afforded pursuant to this act. L.1998,c.14,s.21.
- Section 17:15c-22 - Violations, Penalties.
22. a. If, after notice and hearing, the commissioner finds that a person has violated any provision of this act or a rule adopted...
- Section 17:15c-23 - Powers Of Commissioner.
23. a. If it appears to the commissioner that any person has committed or is about to commit a violation of any provision of...
- Section 17:15c-24 - Violations Designated Fourth, Third Degree Crimes.
24. a. Any person who knowingly and willfully violates any provision of this act for which a penalty is not specifically provided is guilty...
- Section 17:15c-25 - Regulations.
25.The commissioner shall promulgate regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), necessary to effectuate the provisions of this act.
- Section 17:15c-26 - Presumptions Regarding Licensees, Delegates; Service Of Process.
26. a. Any licensee, authorized delegate or other person who engages in business activities that are regulated under this act, with or without filing...
- Section 17:15c-27 - Application Required For Those Currently Doing Business; Status Of Current Licensees.
27. a. Every person engaged in activities within this State encompassed by this act on the effective date of this act, except those persons...
- Section 17:16a-1 - Definitions
As used in this chapter a. "Investment company" means any corporation, foreign or domestic, any partnership or any individual which engages principally in an...
- Section 17:16a-2 - Compliance With Law Before Doing Business; Liability Of Directors And Corporators For Transacting Business Without Certificate Of Authority
Prohibition to do business. No investment company as defined in this chapter shall undertake the transaction of an investment business in this State until...
- Section 17:16a-3 - Authorization Of Domestic Companies, Individuals And Partnerships
Authorization of domestic companies, individuals and partnerships. An investment company, other than a foreign corporation, desiring to secure a certificate of authority shall make...
- Section 17:16a-4 - Foreign Investment Companies; Requirements For Admission
Any investment company incorporated by authority of another State or Foreign Government, upon complying with the conditions hereinafter specified, may be admitted to transact...
- Section 17:16a-5 - Officers Or Agents Of Foreign Investment Companies; Certificate Of Authority
No officer or agent of any foreign investment corporation shall make, issue, sell, offer for sale, negotiate or guarantee any investment contract or transact...
- Section 17:16a-6 - Service Of Process On Commissioner As Attorney For Foreign Investment Company
When any original process is served upon the commissioner as attorney for an investment company of another State, and a service fee of $10.00...
- Section 17:16a-7 - Certificate Of Authority As Prima Facie Evidence Of Incorporation Of Foreign Company
When an investment company of another State shall hold the certificate of the commissioner authorizing it to transact business in this State, in any...
- Section 17:16a-8 - Securities Deposited With Commissioner
a. The commissioner may order a change of any of the securities deposited by any investment company incorporated under the laws of any other...
- Section 17:16a-9 - Investment Of Capital, Surplus Or Other Funds
An investment company incorporated under the laws of this State, for the purpose of investing its capital, surplus or other funds, or any part...
- Section 17:16a-10 - Investment Contracts; Form; Approval By Commissioner; Review
Except as herein otherwise provided, no investment contract shall be issued by any investment company of this State or be made, issued, solicited, sold...
- Section 17:16a-11 - Reserves On Investment Contracts
Every investment company authorized to transact business in this State shall maintain on all its outstanding investment contracts the reserves specified in this section....
- Section 17:16a-12 - Surrender Values Under Investment Contracts
Every investment contract issued or delivered in this State to any resident of this State by any investment company, providing for payments, dues or...
- Section 17:16a-13 - Annual Reports Of Financial Condition
Every investment company transacting business in this State shall annually on or before March first file in the department a statement, subscribed and sworn...
- Section 17:16a-14 - Examination Of Affairs; Expenses; Duty To Exhibit Books, Records And Accounts
The commissioner may, whenever he deems the same expedient, make or cause to be made, an examination of the assets and liabilities, method of...
- Section 17:16a-15 - Fees
The commissioner shall charge and collect for his services under the provisions of this chapter and pay into the State Treasury the following fees:...
- Section 17:16a-16 - Revocation Of Certificate Of Authority Of Foreign Investment Company
When the commissioner shall find that the affairs of any investment company incorporated under the laws of another State or country are in an...
- Section 17:16a-17 - Procedure For Revocation Of Certificate Of Authority Of Foreign Company
Before any such certificate of authority shall be cancelled or revoked as provided in section sixteen of this chapter, the commissioner shall give at...
- Section 17:16a-18 - Revocation, Cancellation Or Refusal To Issue Certificate Of Authority; Review
The revocation or cancellation by the commissioner of a certificate of authority or the refusal or failure by the commissioner to issue or renew...
- Section 17:16a-19 - Domestic Investment Companies; Insolvency; Suspension Of Business And Other Acts; Receiver; Injunction
When any investment company of this State shall become insolvent or shall suspend its ordinary business for want of funds to carry on the...
- Section 17:16a-20 - Offenses And Penalties
If any investment company itself or by its agents, attorneys, solicitors, surveyors, canvassers, collectors or other representatives of whatsoever designation shall solicit, negotiate, or...
- Section 17:16c-1 - Definitions
In this act, unless the context otherwise requires, the following words and terms shall have the following meanings: (a) "Goods" means all chattels personal...
- Section 17:16c-2 - Necessity Of License
No person shall hereafter engage in or continue to engage in the business of a sales finance company or in the business of a...
- Section 17:16c-3 - License Application
3. An application for a new license or for a renewal thereof shall be accompanied by the required application and license fees, as appropriate,...
- Section 17:16c-4 - Issuance Or Refusal Of License
Within 60 days after the filing of the application and the payment of the fees hereinafter set forth the commissioner shall either: (a) Issue...
- Section 17:16c-5 - Notice And Hearing On Refusal Of License
If the commissioner refuses to issue a license he shall: (a) Notify the applicant of the denial and of his right to request a...
- Section 17:16c-6 - License; Specification Of Office Or Branch; Transferability; Transaction Of Business Under Other Names Or At Other Locations
(a) Each license shall specify the location of the office or branch and must be conspicuously displayed therein. In case such location be changed,...
- Section 17:16c-7 - Application Fee For Sales Finance Companies, License Period.
7.Every application for a new license shall be accompanied by a nonrefundable application fee as provided in subsection d. of section 8 of P.L.1996,...
- Section 17:16c-8 - Motor Vehicle Installment Seller; License, Application Fee.
8.With respect to a license fee imposed prior to the implementation of the assessment pursuant to P.L.2005, c.199 (C.17:1C-33 et al.), every motor vehicle...
- Section 17:16c-9 - Abatement In Amount Of Fee; Expiration Of License
No abatement in the amount of the said license fee shall be made if the license is issued for less than 1 year, nor...
- Section 17:16c-10 - Grounds For Refusal To Issue, Revocation, Suspension, Refusal To Renew License
10. a. The commissioner may refuse to issue and may revoke, suspend or refuse to renew a license or impose a penalty pursuant to...
- Section 17:16c-11 - Suspension, Revocation Or Refusal To Renew Particular License Or All Licenses Issued To Licensee
The commissioner may suspend, revoke or refuse to renew the particular license with respect to which grounds for revocation, suspension or refusal to renew...
- Section 17:16c-12 - Surrender Of License; Effect Upon Civil Or Criminal Liability
Any licensee may surrender his license by delivering the license to the commissioner with written notice that he thereby surrenders the license, but such...
- Section 17:16c-13 - Suspension, Revocation Or Refusal To Renew License Not To Impair Obligation Of Lawful Retail Installment Contract Or Retail Charge Account
No suspension, revocation or refusal to renew any license shall impair or affect the obligation of any lawful retail installment contract or retail charge...
- Section 17:16c-14 - Reinstatement Of Suspended Licenses Or Issuance Of New Licenses After Revocation
Every license issued hereunder shall remain in force and effect until the same shall have expired or been surrendered, revoked or suspended in accordance...
- Section 17:16c-15 - Investigations By Commissioner
The commissioner, if he has reasonable cause to believe that any licensee, or any other person, has violated any of the provisions of this...
- Section 17:16c-16 - Subpoenas; Oaths And Affirmations; Power To Administer
The commissioner shall have power to issue subpoenas to compel the attendance of witnesses and the production of documents, papers, books, records and other...
- Section 17:16c-17 - Failure To Comply With Subpoena; Order Of Superior Court; Contempt
In case of a failure of any person to comply with any subpoena issued by the commissioner or to testify with respect to any...
- Section 17:16c-18 - Maintenance Of Books, Accounts And Records.
18. Every retail seller, sales finance company, motor vehicle installment seller and holder shall maintain at its place or places of business in this...
- Section 17:16c-19 - Preservation Of Books, Accounts, Records, Annual Report; Violations, Penalties.
19. All books, accounts and records of the licensee shall be preserved and kept available as provided herein for such period of time as...
- Section 17:16c-20 - Information To Be Shown In Books, Accounts And Records
The commissioner is hereby authorized to prescribe the minimum information to be shown in such books, accounts and records of the licensee so that...
- Section 17:16c-21 - Retail Installment Contract; Writing Required; Agreements Between Retail Buyer And Seller; Signatures
Every retail installment contract shall be in writing and shall contain all of the agreements between the retail buyer and retail seller relating to...
- Section 17:16c-22 - Contents Of Retail Installment Contract; Blank Spaces
Every retail installment contract shall state the names and addresses of all parties thereto, the date when signed by the retail buyer, and shall...
- Section 17:16c-23 - Copy Of Contract To Be Furnished To Buyer
A copy of the retail installment contract shall be furnished by the retail seller to the retail buyer at the time the retail buyer...
- Section 17:16c-24 - Notice To Buyer In Retail Installment Contract
Every retail installment contract shall contain the following notice printed prominently, in the form herein indicated, in 10-point bold type or larger, directly above...
- Section 17:16c-25 - Acknowledgment By Buyer Of Receipt Of Copy Of Contract
Any acknowledgment by the retail buyer of receipt of a copy of the contract shall be printed or written in a size equal to...
- Section 17:16c-26 - Payment Of Time Balances, Terms; Exceptions
26. Every retail installment contract shall provide for the payment of the time balance in substantially equal amounts on dates separated by substantially equal...
- Section 17:16c-27 - Separate Items To Be Set Forth In Retail Installment Contract
Every retail installment contract shall set forth the following separate items: (a) The cash price of the goods which are the subject matter of...
- Section 17:16c-28 - Inclusion In Retail Installment Contract Of Additional Goods Purchased After Original Agreement; Additional Statements
Whenever a retail installment contract by its terms permits the inclusion of additional goods purchased after the original agreement, and such goods are so...
- Section 17:16c-29 - Allocation Of Payment On Continuing Agreement After Addition Of Additional Purchases; Prepayment; Redemption Of Separate Purchases
Whenever a payment is made on such a continuing agreement after additional purchases have been added, the payment shall be considered as allocated among...
- Section 17:16c-30 - Insurance At Retail Buyer's Expense; Dual Protection
Where title to or a lien upon goods sold by the retail seller is retained or taken by the retail seller the retail buyer...
- Section 17:16c-31 - Selection Of Insurer Acceptable To Retail Seller; Inclusion Of Premium In Contract; Cancellation Of Insurance By Holder After Repossession And Sale
The retail buyer shall have the privilege of supplying insurance on the goods through an agent or broker of his own selection and selecting...
- Section 17:16c-32 - Notice That Policy Required In Sale Of Motor Vehicle Includes No Liability Or Property Damage Coverage
Whenever, in the sale of a motor vehicle, the retail buyer is required, under the provisions of this act, to provide a policy of...
- Section 17:16c-33 - Additional Insurance; Cancellation Rights
In addition to insurance on the goods, by agreement with the retail buyer, the retail seller may purchase such other insurance and other benefits...
- Section 17:16c-34 - Cancellation Of Insurance Policies; Crediting Next Maturing Installment Of Contract With Refund
If any policy or policies or certificates of insurance or other benefits are canceled, or the premiums thereon adjusted, the unearned insurance premium refund...
- Section 17:16c-34.1 - Retail Charge Account; Terms; Regulations; Effective Date Of Accounts
(a) A retail charge account may be entered into between a retail buyer and a retail seller or a person wholly owned by or...
- Section 17:16c-35 - Prohibited Contract Provisions; Acceleration Clause
No retail installment contract or retail charge account or separate instruments executed in connection therewith shall contain any acceleration clause under which any part...
- Section 17:16c-36 - Waiver Of Right Of Action By Retail Buyer Against Seller, Holder, Etc.
No retail installment contract or retail charge account or separate instruments executed in connection therewith shall contain any provisions whereby the retail buyer waives...
- Section 17:16c-37 - Power Of Attorney To Confess Judgment; Other Powers Of Attorney
No retail installment contract or retail charge account or separate instruments executed in connection therewith shall contain any power of attorney to confess judgment...
- Section 17:16c-38 - Relief Of Retail Seller From Liability Under Contract
No retail installment contract or retail charge account or separate instruments executed in connection therewith shall contain any provision relieving the retail seller from...
- Section 17:16c-38.1 - Remedy Of Buyer Against Seller; Provision Relieving Holder Or Other Assignee From Liability; Prohibition
No retail installment contract shall contain any provision relieving the holder, or other assignee, from liability for any civil remedy sounding in contract which...
- Section 17:16c-38.2 - Form, Terms Of Consumer Notes
3. No retail installment contract shall require or entail the execution of any note unless such note shall have printed the words "CONSUMER NOTE"...
- Section 17:16c-38.3 - Violations; Penalty
Any person who procures the execution of a note in violation of this act shall be liable to a penalty of not more than...
- Section 17:16c-38.4 - Execution Of Note In Violation Of Act; Disallowance Of Finance, Collection, Etc., Charges
In the event that a note is executed in connection with a retail installment contract in violation of this act, no finance, delinquency, collection,...
- Section 17:16c-39 - Assignment Of Salary, Wages, Commissions Or Other Compensation For Services
No retail seller, sales finance company or holder shall at any time take in a retail installment contract, a retail charge account or in...
- Section 17:16c-39.1 - Real Property Mortgage As Additional Security; Prohibition
No retail installment contract, retail charge account or separate instrument executed in connection therewith shall contain any provision whereby the retail seller, sales finance...
- Section 17:16c-40 - Loan Of Money Or Advance Of Credit To Retail Buyer; Rate Of Interest
No retail seller, sales finance company or holder shall make any loan of money or advance of credit to a retail buyer on or...
- Section 17:16c-40.1 - Loan Secured By Purchase Money Security Interest To Finance Purchase Of Motor Vehicle
A sales finance company licensed under the provisions of the "Retail Installment Sales Act" of 1960 (P.L.1960, c. 40), as amended and supplemented, or...
- Section 17:16c-40.2 - Violation Of Provisions; Revocation Or Suspension Of License
A violation of any provision of this act shall be cause for the revocation or suspension of the license of the sales finance company...
- Section 17:16c-41 - Time Price Differential; Rates; Computation
A retail seller and a motor vehicle installment seller, under the provisions of this act, shall have authority to charge, contract for, receive or...
- Section 17:16c-42 - Delinquency Or Collection Charge For Default; Attorney's Fees; Return Check Fee
42. (a) The holder of any retail installment contract may collect a delinquency or collection charge for default in the payment of any such...
- Section 17:16c-43 - Prepayment; Credit On Account
When the balance owing on a retail installment contract is repaid in full at any time before the end of the contract period, the...
- Section 17:16c-44 - Extending Due Date Of Contract Or Installment Payment; Options
44.The holder of a retail installment contract may extend the scheduled due date of any retail installment contract and defer the scheduled due date...
- Section 17:16c-44.1 - Retail Charge Account; Time Price Differential; Rate; Computation
(a) Notwithstanding any other law to the contrary, a retail seller, sales finance company, banking institution or other holder may charge, receive and collect...
- Section 17:16c-45 - Limitation On Sale, Transfer Or Assignment Of Obligation Or Evidence Of Indebtedness By Retail Seller
No retail seller under a retail installment contract, executed in this State, shall sell, transfer or assign the obligation represented by such contract or...
- Section 17:16c-46 - Sale, Transfer Or Assignment Without Notice To Retail Buyer; Payment Or Tender To Last Known Holder
If a retail installment contract is lawfully sold, transferred or assigned, pursuant to the provisions of this act, and a written notice of such...
- Section 17:16c-47 - Assignment Of Aggregation Of Retail Installment Contracts As Collateral Security For Bona Fide Commercial Loan
The provisions of section 45 shall not apply to any assignment of an aggregation of retail installment contracts, which is executed by a retail...
- Section 17:16c-47.1 - Purchases Of Retail Installment Contract Or Retail Charge Account By Sales Finance Company; Terms, Conditions And Price
A sales finance company may purchase a retail installment contract or obligations incurred pursuant to a retail charge account from a retail seller or...
- Section 17:16c-48 - Furnishing Statement Of Retail Buyer's Account
Upon written request from the retail buyer, the retail seller or holder of the retail installment contract shall give or forward to the retail...
- Section 17:16c-49 - Receipt For Payment; Contents
Whenever payment is made on account of any retail installment contract in cash, the person receiving such payment shall, at the time of receiving...
- Section 17:16c-50 - Additional Charges Prohibited; Exceptions
No retail seller, sales finance company, or holder shall charge, contract for, collect or receive from any retail buyer, directly or indirectly, any further...
- Section 17:16c-51 - Collection Of Charges If Sale Not Made Prohibited; Status Of Deposit On Contemplated Purchase Of Goods
No retail seller shall collect or retain any amount whatsoever in connection with the contemplated sale of goods under a retail installment sales contract,...
- Section 17:16c-52 - Payment In Full Of Retail Installment Contract
52. Upon payment in full by the retail buyer of the time balance and other amounts lawfully due under a retail installment contract, the...
- Section 17:16c-53 - Certificate Of Ownership Delivered To Retail Buyer Upon Final Payment
53. When the final payment on a retail installment contract is made in cash by the retail buyer, or his authorized representative, at the...
- Section 17:16c-54 - Unauthorized Costs And Charges
Whenever, in any retail installment contract or retail charge account under this act, the retail seller, sales finance company or holder has knowingly charged,...
- Section 17:16c-55 - Doing Business Without License; Penalty
Any person, and any director, officer, employee, agent, or representative thereof, who or which shall engage in this State in the business of a...
- Section 17:16c-56 - Violations Of Act; Penalty; Enforcement By Summary Proceedings
(a) Any person conducting business under this act and any director, officer, partner, member, employee, agent, or representative thereof who shall knowingly violate any...
- Section 17:16c-57 - Partial Invalidity
If any provision of this act or the application thereof to any person or circumstance is held unconstitutional, the remainder of the act and...
- Section 17:16c-58 - Repeals
Chapter 419, P.L.1948, entitled, "An act to define and regulate retail installment sales in the amount of or of the value of $3,000.00 or...
- Section 17:16c-58.1 - Date Of Application Of Act; Validity Of Transactions Prior To Effective Date Of Act
(a) The provisions of this act relating to retail charge accounts shall apply to such accounts in existence on the effective date of this...
- Section 17:16c-59 - Continuation Of License Under Former Act
Any sales finance company holding a license under the provisions of chapter 419, P.L.1948, approved September 29, 1948, and doing business on the date...
- Section 17:16c-60 - Short Title
This act shall be known and may be cited as the "Retail Installment Sales Act of 1960." L.1960, c. 40, p. 163, s. 60.
- Section 17:16c-61 - Effective Date
This act shall take effect 90 days from the date of its approval. L.1960, c. 40, p. 163, s. 61.
- Section 17:16c-61.1 - Short Title
This act shall be known as, and may be cited as, the "Door-to-Door Retail Installment Sales Act of 1968." L.1968, c. 223, s. 1,...
- Section 17:16c-61.2 - Remedial Legislation; Liberal Construction
This act deemed and hereby declared remedial legislation necessary for the protection of the consumers of this State, shall be liberally construed to effectuate...
- Section 17:16c-61.3 - Legislative Findings
The Legislature hereby finds and declares that the consumer is frequently induced to enter into retail installment sales contracts for goods which he does...
- Section 17:16c-61.4 - Definitions
As used in this act, unless the context clearly indicates otherwise: (a) "Business day" means any day other than a Saturday, Sunday or holiday....
- Section 17:16c-61.5 - Rescission; Duties Of Buyer And Seller; Exception Of Certain Sales; Record Of Buyer's Notice
(a) Any retail installment sale of goods or retail installment contract for the sale of goods, other than a motor vehicle, a boat, and...
- Section 17:16c-61.6 - Receipt; Form And Content
(a) At the time of executing every retail installment sale or retail installment contract subject to the provisions of section 5 of this act,...
- Section 17:16c-61.7 - Action To Recover Amount Paid
When a retail seller, who has received notice of intent to rescind a retail installment sale or retail installment contract, fails to pick up...
- Section 17:16c-61.8 - Violations By Seller
Any retail seller who willfully destroys, within 18 months after its receipt, record of a retail buyer's notice of intent to rescind a sale;...
- Section 17:16c-61.9 - Rights And Remedies Of Act Are In Addition To And Cumulative Of Other Rights
The rights and remedies accorded a retail buyer by the provisions of this act are hereby declared to be in addition to and cumulative...
- Section 17:16c-62 - Definitions
1. Unless the context otherwise indicates: (a) "Goods" means all chattels personal which are furnished or used in the modernization, rehabilitation, repair, alteration or...
- Section 17:16c-63 - Home Repair Contracts; Form And Contents
Every home repair contract: (a) Shall be in writing and contain the entire agreement between the owner and the home repair contractor; (b) Shall...
- Section 17:16c-64 - Prohibited Contract Provisions
No home repair contract shall contain: (a) any acceleration clause under which any part or all of the time balance not yet matured may...
- Section 17:16c-64.1 - Relief From Liability; Prohibited Contract Provisions
No home repair contract shall contain any provision relieving the holder, or other assignee, from liability for any civil remedy sounding in contract which...
- Section 17:16c-64.2 - Form, Terms Of Consumer Notes; Contractor's Bond
2.No home repair contract shall require or entail the execution of any note unless a home repair contractor obtains a bond in a form...
- Section 17:16c-64.3 - Unlawful Procurement Of Consumer Note; Penalty
Any person who procures the execution of a note in violation of this act shall be liable to a penalty of not more than...
- Section 17:16c-64.4 - Execution Of Note In Violation Of Act; Recovery Of Finance Charges Prohibited
In the event that a note is executed in connection with a home repair contract in violation of this act, no finance, delinquency, collection,...
- Section 17:16c-65 - Place Of Business Within State; Operation As Individual, Partnership Or Corporation; Workmen's Compensation And Liability Insurance; Copy Of Contract
(a) Every home repair contractor must own, rent or lease a place of business in the State of New Jersey; namely, an office, warehouse...
- Section 17:16c-66 - Certificate Of Completion; Request Or Acceptance Prior To Completion Of Work Prohibited; Notice In Certificate
No home repair contractor shall request or accept a certificate of completion signed by the owner prior to the actual completion of the work...
- Section 17:16c-67 - Separate Disclosure Statements In Contract
6. (a) Every home repair contract shall state separately: (1) the cash price of the goods or services to be furnished; (2) the down...
- Section 17:16c-68 - Payment Of Time Balance; Extension Of Scheduled Due Date; Options For Computing Additional Charge
(a) Every home repair contract shall provide for the payment of the time balance in substantially equal amounts on dates separated by substantially equal...
- Section 17:16c-69 - Credit Service Charge
8. a. A home repair contractor may impose and receive a credit service charge in an amount or amounts agreed to by the home...
- Section 17:16c-70 - Additional Charges Prohibited; Exceptions
No home repair contractor or any other person shall charge, collect or receive from any owner, directly or indirectly, any further or other amount...
- Section 17:16c-71 - Delinquency Or Collection Charge For Default In Payment; Attorney's Fees
(a) A home repair contract using a precomputed credit service charge may provide for a delinquency or collection charge for default in the payment...
- Section 17:16c-72 - Receipt For Payment; Payment Or Tender To Last Known Holder In Absence Of Notice Of Assignment
Whenever payment is made in cash on account of any home repair contract, the person receiving such payment shall, at the time of receiving...
- Section 17:16c-73 - Prepayment; Credit On Account; Payment Without Penalty
(a) When the unpaid balance owing on a precomputed home repair contract is repaid in full at any time before the end of the...
- Section 17:16c-74 - Furnishing Statement Of Owner's Account
Upon written request from the owner, the holder of the home repair contract shall deliver to the owner within 10 days from receipt of...
- Section 17:16c-75 - Duties Of Holder Upon Payment In Full Of Home Repair Contract
14. With respect to contracts pursuant to which there is a lien, mortgage or encumbrance upon the goods or real property, upon payment in...
- Section 17:16c-76 - Unauthorized Costs And Charges
All costs and charges in connection with such contract which are not authorized by this act shall be unenforceable. Any payment of such costs...
- Section 17:16c-77 - Doing Business Without License Prohibited; Home Repair Salesman's License; Home Financing Agency; Nontransferability Of License
(a) No person shall engage in the business of a home financing agency, home repair contractor, or a home repair salesman in this State...
- Section 17:16c-78 - Application For License
(a) Application for a license under this act shall be in writing, under oath, and shall be in the form prescribed by the commissioner....
- Section 17:16c-79 - Issuance Or Refusal Of License
Within 60 days after the filing of the application and the payment of the fees herein set forth the commissioner shall: (a) issue and...
- Section 17:16c-80 - Notice And Hearing Upon Refusal Of License
If the commissioner refuses to issue a license he shall: (a) Notify the applicant of the denial and of his right to request a...
- Section 17:16c-81 - Transaction Of Business Under Other Names Or At Other Locations; Change Of Location Or Employer
(a) No home repair contractor or home financing agency shall transact any business subject to this act under any other name or maintain an...
- Section 17:16c-82 - License Fees Payable By Home Financing Agency.
21. (a) With respect to a license fee imposed prior to the implementation of the assessment pursuant to P.L.2005, c.199 (C.17:1C-33 et al.), every...
- Section 17:16c-83 - Abatement In Amount Of License Fee; Expiration Of License
No abatement in the amount of the said license fee shall be made if the license is issued for less than 1 year, nor...
- Section 17:16c-84 - Suspension, Revocation Or Refusal To Renew License; Notice; Grounds
The commissioner may suspend, revoke or refuse to renew any license issued hereunder, upon 10 days' notice in writing, forwarded by registered or certified...
- Section 17:16c-85 - Investigations By Commissioner; Oaths And Affirmations; Power To Administer
The commissioner shall have power to make such investigations as he shall deem necessary, and may examine the books, accounts, records and files of...
- Section 17:16c-86 - Issuance Of Subpoenas; Failure To Comply; Order Of Superior Court; Contempt
The commissioner shall have the power to issue subpoenas to compel the attendance of witnesses and the production of documents, papers, books, records and...
- Section 17:16c-87 - Maintenance, Preservation Of Books, Accounts, Records, Annual Report; Violations, Penalties.
26. a. Every home repair contractor, home financing agency and holder of a home repair contract shall maintain at its place or places of...
- Section 17:16c-88 - Sale, Transfer Or Assignment Of Obligation Or Evidence
(a) No holder shall sell, transfer or assign any obligation in connection with a home repair contract or any evidence of indebtedness thereunder to...
- Section 17:16c-89 - Violations; Penalties; Enforcement
(a) Any home repair contractor, home financing agency or holder of a home repair contract and any officer, partner, member, employee, agent or representative...
- Section 17:16c-90 - Partial Invalidity
If any provision of this act or the application thereof to any person or circumstances is held unconstitutional, the remainder of the act and...
- Section 17:16c-93 - Short Title
This act shall be known and may be cited as the "Home Repair Financing Act." L.1960, c. 41, p. 174, s. 32.
- Section 17:16c-94 - Effective Date
This act shall take effect 90 days from the date of its approval and apply to contracts executed after the effective date of this...
- Section 17:16c-95 - Short Title
This act shall be known as, and may be cited as, the "Door-to-Door Home Repair Sales Act of 1968." L.1968, c. 224, s. 1.
- Section 17:16c-96 - Remedial Legislation; Liberal Construction
This act being deemed and hereby declared remedial legislation necessary for the protection of the consumers of this State, shall be liberally construed to...
- Section 17:16c-97 - Legislative Findings
The Legislature hereby finds and declares that the consumer is frequently induced to enter into home repair contracts for goods and services which he...
- Section 17:16c-98 - Definitions
As used in this act, unless the context clearly indicates otherwise: (a) "Business day" means any day other than a Saturday, Sunday or holiday....
- Section 17:16c-99 - Rescission; Duties Of Buyer And Seller; Exclusion Of Certain Sales
(a) Any home repair contract, for a purchase price in excess of $25.00, which is entered into at a place other than the place...
- Section 17:16c-100 - Receipt; Form And Content
(a) At the time of executing every home repair contract subject to the provisions of section 5 of this act, the home repair contractor...
- Section 17:16c-101 - Action To Recover Amount Paid
When a home repair contractor, who has received notice of intent to rescind a home repair contract, fails to pick up the goods and...
- Section 17:16c-102 - Violations By Home Repair Contractor
Any home repair contractor who willfully destroys, within 18 months after its receipt, record of an owner's notice of intent to rescind a sale;...
- Section 17:16c-103 - Rights And Remedies Of Act Are In Addition To Or Cumulative Of Other Rights
The rights and remedies accorded an owner by the provisions of this act are hereby declared to be in addition to and cumulative of...
- Section 17:16d-1 - Short Title
This act shall be known and may be cited as the "Insurance Premium Finance Company Act." L.1968, c. 221, s. 1.
- Section 17:16d-2 - Definitions
For the purposes of this act-- (a) "Insurance premium finance company" means a person engaged in the business of entering into insurance premium finance...
- Section 17:16d-3 - Application
The provisions of this act shall not apply with respect to: (a) Any insurance company authorized to do business in the State of New...
- Section 17:16d-4 - Licenses.
4.Licenses. No person shall engage in the business of financing insurance premiums in this State without first having obtained a license as a premium...
- Section 17:16d-5 - Action By Commissioner On Application
Upon the filing of an application and the payment of the license fee the commissioner shall make an investigation of each applicant and shall...
- Section 17:16d-6 - Revocation And Suspension Of Licenses
The commissioner may revoke or suspend the license of any premium finance company when and if after investigation the commissioner finds that (a) Any...
- Section 17:16d-7 - Books And Records; Annual Report; Violations, Penalties.
7. Every licensee shall maintain records of its premium finance transactions which will enable the commissioner to enforce full compliance with this act and...
- Section 17:16d-8 - Power To Make Rules
The commissioner may make and enforce such reasonable rules and regulations as may be necessary in making effective the provisions of this act, but...
- Section 17:16d-9 - Form Of Premium Finance Agreement
A premium finance agreement shall-- (a) Be dated, signed by or on behalf of the insured, and the printed portion thereof shall be in...
- Section 17:16d-10 - Maximum Finance Charge
A premium finance company shall not charge, contract for, receive, or collect a finance charge other than as permitted by this act. The finance...
- Section 17:16d-11 - Statement Of Accounts; Receipts
Upon the request of an insured a premium finance company shall give to the insured a written statement of his account. No more than...
- Section 17:16d-12 - Delinquency Charges
12. a. Delinquency charges. A premium finance agreement may provide for the payment by the insured of a delinquency charge of $1.00 to a...
- Section 17:16d-13 - Cancellation Of Insurance Contract Upon Default
(a) When a premium finance agreement contains a power of attorney enabling the premium finance company to cancel any insurance contract or contracts listed...
- Section 17:16d-14 - Application Of Unearned Premiums
(a) Whenever a financed insurance contract is canceled, the insurer on notice of such financing shall return whatever gross unearned premiums are due under...
- Section 17:16d-15 - Exemption From Any Filing Requirements
No filing of the premium finance agreement shall be necessary to perfect the validity of such agreement as a secured transaction as against creditors,...
- Section 17:16d-16 - Severability
If any provision of this act is held invalid, the invalidity thereof shall not affect other provisions of the act which can be given...
- Section 17:16e-1 - Purpose
The purpose of this act is to further fair competition among financial institutions by prohibiting certain interlocking relationships among institutions located in the same...
- Section 17:16e-1.1 - Compliance Of Bank, Savings Bank With Prohibition On Interlocking Relationships
25. Any bank or savings bank that is in compliance with the federal "Depository Institution Management Interlocks Act," 12 U.S.C. s.3201 et seq. and...
- Section 17:16e-2 - Definitions
For the purposes of this act: a. "Financial institution" shall include State or National bank, trust company, savings bank, State or Federal savings and...
- Section 17:16e-3 - Mutual Directors, Officers Or Managers Of Financial Institutions In Same, Adjacent, Or Contiguous Municipalities; Prohibition
Except as otherwise provided in section 6 of this act no person who is a director, officer or manager of a financial institution which...
- Section 17:16e-4 - Rules And Regulations; Waiver Of Prohibition; Determination Of Adjacent Municipalities
The Commissioner of Banking shall, in accordance with the "Administrative Procedure Act," P.L. 1968, c. 410 (C. 52:14B-1 et seq.), make and issue such...
- Section 17:16e-5 - Interlocking Relationships Existing Prior To This Act; Termination
Any interlocking relationship prohibited by section 3 of this act which existed prior to the effective date of this act may continue for such...
- Section 17:16e-6 - Bank Holding Companies And Financial Institutions With Common Ownership; Inapplicability Of Act
Nothing in this act shall prevent a person who is a director or officer of a bank holding company from being a director or...
- Section 17:16f-1 - Legislative Findings And Declarations
The Legislature hereby finds and declares that depository institutions have sometimes failed to provide adequate home financing on a nondiscriminatory basis for all neighborhoods...
- Section 17:16f-2 - Definitions
As used in this act: a. "Depository institution" means any banking institutions as defined in section 1 of the Banking Act of 1948, P.L.1948,...
- Section 17:16f-3 - Discrimination In Acceptance Of Applications, Grants, Modification, Etc., Or Discouragement Or Refusal To Allow Application Or Inquiry; Prohibition
a. No depository institution shall discriminate by intent or in effect, on a basis that is arbitrary or unsupported by a reasonable analysis of...
- Section 17:16f-7 - Action For Violations; Damages; Amount
Any person or applicant who has been discriminated against as a result of a violation of section 3 of this act may bring an...
- Section 17:16f-8 - Investigations; Power Of Commissioner; Subpenas And Orders To Testify; Enforcement
The commissioner of banking shall have the power to make such investigations into any matter pertaining to this act as he shall deem necessary,...
- Section 17:16f-9 - Order To Cease And Desist
If the commissioner finds that a depository institution is violating the provisions of this act, he shall order the institution to cease its unlawful...
- Section 17:16f-10 - Violations After Cease And Desist Order; Penalty
A depository institution which continues to violate the provisions of this act after having been ordered by the commissioner to cease such practices shall...
- Section 17:16f-11 - Regulations
The Commissioner of Banking is authorized and empowered to promulgate such regulations as he may deem necessary, consistent with sound banking practice, for the...
- Section 17:16f-12 - Findings, Declarations
The Legislature finds and declares that: a. The decision by a person to assume a mortgage loan in order to buy a home is...
- Section 17:16f-13 - Rules, Regulations
The Commissioner of Banking shall, in addition to other regulatory powers, have the authority to promulgate rules and regulations, pursuant to the "Administrative Procedure...
- Section 17:16f-14 - Annual Report To The Legislature
The Commissioner of Banking shall report annually to the appropriate committees of the Legislature regarding existing and suggested regulations which assure that borrowers are...
- Section 17:16f-15 - Definitions
As used in this act: "Commissioner" means the Commissioner of Community Affairs. "Duplicate copy" means a duplicate of the original property tax bill which...
- Section 17:16f-17 - Transfer Of Mortgage Loan To Purchasing Servicing Organization
3. If the servicing of a mortgage loan for which a mortgage escrow account has been established is sold, assigned or transferred to a...
- Section 17:16f-18 - Disbursement Of Escrow Funds By Mortgagee Or Servicing Organization
a. Each mortgagee or servicing organization requiring a mortgagor to make payments into an escrow account shall make each disbursement from the escrow account...
- Section 17:16f-19 - Payment Of Mortgagor's Property Tax
a. Payments for a mortgagor's property tax shall be made using the original tax bill, a duplicate copy thereof, or a replacement bill containing...
- Section 17:16f-23 - Written Notice Of Property Tax Delinquency Payment
a. The tax collector of a taxing district shall send a written notice of a property tax delinquency to the mortgagor and the applicable...
- Section 17:16f-24 - Notification To Mortgagee Of Tax Delinquency
a. If a mortgagor's property taxes remain unpaid so as to subject the mortgagor's property to a tax sale pursuant to Article 4 of...
- Section 17:16f-25 - Failure To Resolve Tax Payment Delinquency
a. Upon failure by the mortgagee or its servicing organization to resolve the tax payment delinquency within 30 days of the date of the...
- Section 17:16f-26 - Unpaid Property Taxes, Mortgagor May Sue Mortgagee
If a mortgagor's property taxes remain unpaid so as to subject the mortgagor's property to a tax sale pursuant to Article 4 of the...
- Section 17:16g-1 - Definitions.
1.As used in this act: a."Nonprofit social service agency" or "nonprofit consumer credit counseling agency" means any corporation duly organized under Title 15 of...
- Section 17:16g-2 - Debt Adjuster
a. No person other than a nonprofit social service agency or a nonprofit consumer credit counseling agency shall act as a debt adjuster. b....
- Section 17:16g-3 - Application For Licensure
Application for said license shall be made on forms prescribed by the commissioner, who shall be empowered to require information deemed necessary to demonstrate...
- Section 17:16g-4 - Duties Of Commissioner; Fees
The commissioner shall promulgate procedures and standards for the issuance or denial of licenses, shall promulgate grounds for and procedures under which licenses may...
- Section 17:16g-5 - Bond; Financial Records; Annual Audit; Filing; Examination Of Agency; Annual Reports; Violations, Penalties.
5. a. Any nonprofit social service agency or nonprofit consumer credit counseling agency licensed under this act shall be bonded to the satisfaction of...
- Section 17:16g-6 - Debt Adjustment Fee
a. A licensee may charge a fee to cover the cost of providing debt adjustment and credit counseling. b. The fee for debt adjustment...
- Section 17:16g-7 - Board Of Directors Of Agency
Every nonprofit social service agency or nonprofit consumer credit counseling agency licensed under this act shall establish a board of directors whose function shall...
- Section 17:16g-8 - Penalties; Summary Action; Civil Action.
8.Any person who violates any provisions of this act shall be subject to a penalty of $1,000 for the first offense and not more...
- Section 17:16g-9 - Responsibilities Of Licensee Acting As Debt Adjuster.
3.Every licensee acting as a debt adjuster shall: a.disburse to the appropriate creditors all funds received from a debtor, less any fees permitted by...
- Section 17:16h-1 - Definitions
As used in this act: a. "Financial institution" shall mean any bank, savings bank, state association, credit union, secondary mortgage lender, small loan company...
- Section 17:16h-2 - Prohibited Advertisements, Announcements Or Statements
No financial institution shall make, publish, disseminate, circulate, or place before the public, or cause directly or indirectly, to be made, published, disseminated, circulated,...
- Section 17:16h-3 - Enforcement; Regulations
The commissioner shall enforce the provisions of this act and shall promulgate such regulations as he deems necessary for the effective implementation of this...
- Section 17:16h-4 - Cease And Desist Order; Notice And Hearing; Penalty For Failure To Comply
The commissioner may, after notice and opportunity for a hearing, order any financial institution to cease and desist from violations of this act. Any...
- Section 17:16i-1 - Short Title
This act shall be known and may be cited as the "Multiple-party Deposit Account Act" . L.1979, c. 491, s. 1.
- Section 17:16i-2 - Definitions
As used in this act unless the context otherwise requires: a. "Account" means a contract of deposit of funds between a depositor and a...
- Section 17:16i-3 - Ownership As Between Parties And Others; Protection Of Financial Institutions
The provisions of sections 4 to 6 concerning beneficial ownership as between parties, or as between parties and P.O.D. payees or beneficiaries of multiple-party...
- Section 17:16i-4 - Ownership During Lifetime
Unless a contrary intent is manifested by the terms of the contract, or the deposit agreement, or there is other clear and convincing evidence...
- Section 17:16i-5 - Right Of Survivorship
a. Sums remaining on deposit at the death of a party to a joint account belong to the surviving party or parties as against...
- Section 17:16i-6 - Determination Of Rights At Death Of Party; Alteration Of Form Of Account; Notice Or Order To Financial Institution
The provisions of section 5 as to rights of survivorship are determined by the form of the account at the death of a party....
- Section 17:16i-7 - Rights Of Creditors
No multiple-party account will be effective against an estate of a deceased party to transfer to a survivor sums needed to pay debts, taxes,...
- Section 17:16i-8 - Multiple-party Accounts; Payments; Notice
8. Financial institutions may enter into multiple-party accounts to the same extent that they may enter into single-party accounts. The following payments from a...
- Section 17:16i-9 - Financial Institution Protection; Payment After Death Or Disability; Joint Account
Any sums in a joint account may be paid, on request, to any party without regard to whether any other party is incapacitated or...
- Section 17:16i-10 - Payment Of P. O. D. Account
Any P.O.D. account may be paid, on request, to any original party to the account. Payment may be made, on request, to the P.O.D....
- Section 17:16i-11 - Payment Of Trust Account
Any trust account may be paid, on request, to any trustee. Unless the financial institution has received written notice that the beneficiary has a...
- Section 17:16i-12 - Beneficial Ownership Of Funds In Multiple-party Accounts
a. Payment made pursuant to subsection b. of this section, or pursuant to section 8, 9, 10 or 11 of this act or section...
- Section 17:16i-13 - Setoff
Without qualifying any other right to setoff or lien and subject to any contractual provision, if a party to a multiple-party account is indebted...
- Section 17:16i-14 - Effect Of Transfer By Right Of Survivorship
Any transfers resulting from the application of section 5 are effective by reason of the account contracts involved and this act, and are not...
- Section 17:16i-15 - Trusts Created In Fraud Of Creditors Or Laws Governing Transfer Inheritance Or Estate Taxes
Nothing in this act shall validate any trust created in fraud of creditors of the fiduciary nor affect any law of this State governing...
- Section 17:16i-16 - Deposit Contracts; Form And Content
The Commissioner of Banking shall prescribe by rule or regulation the form and content of deposit contracts applicable to deposits of funds which may...
- Section 17:16i-17 - Application Of Act
This act shall apply only to accounts opened after its effective date and accounts opened prior thereto shall be governed by the law in...
- Section 17:16j-1 - Definitions
For the purposes of this act: a. "Acquired depository" is a depository which is acquired as a result of a supervisory acquisition as provided...
- Section 17:16j-2 - Authorization; Supervisory Acquisition Or Merger
The commissioner may, if he deems it to be in the public interest, authorize a supervisory acquisition by a company or a supervisory acquisition...
- Section 17:16j-3 - Directing Of Acquisition Or Merger; Authority Of Commissioner
The commissioner shall have the authority to direct a depository to merge into or be acquired by another depository or a company only if...
- Section 17:16j-4 - Priority; Supervisory Acquisition Or Merger
a. The commissioner shall give priority to a proposal for supervisory acquisition of a depository over a proposal for supervisory merger, if the acquisition...
- Section 17:16j-5 - Plan; Supervisory Acquisition; Authorization Of Execution; Contents
If a supervisory acquisition is to take place, two-thirds of the members of the board of directors or managers of each company or depository...
- Section 17:16j-6 - Agreement; Supervisory Merger; Authorization Of Execution; Contents
If a supervisory merger pursuant to section 2 or 3 of this act is to take place, two-thirds of the members of the board...
- Section 17:16j-7 - Mutual Depository As Party; Supervisory Merger Agreement Or Plan Of Acquisition; Contents
If a mutual depository is a party to a supervisory merger or a supervisory acquisition, the merger agreement or plan of acquisition shall also...
- Section 17:16j-8 - Liquidated Account; Merger Of Mutual Depositories
In the event of a merger of two mutual depositories or the conversion of a mutual depository to a capital stock depository which is...
- Section 17:16j-9 - Methods; Supervisory Merger
A merger agreement shall provide for supervisory mergers by any one, or by any combination of, or by all of the following methods: a....
- Section 17:16j-10 - Executed Merger Agreement Or Plan Of Acquisition
Each depository which is a party to a supervisory merger or a supervisory acquisition shall submit to the commissioner: a. an executed merger agreement...
- Section 17:16j-11 - Shareholders; Approval Of Agreement Or Plan; Rights
If the commissioner approves the merger agreement or plan of acquisition, it shall be submitted to the stockholders of each merging party or each...
- Section 17:16j-12 - Effective Date; Merger
The merger shall become effective upon the last to occur of the following: a. In the case of a mutual depository, on the date...
- Section 17:16j-13 - Effect; Merger
Upon the merger of one depository institution into another, and after the merger agreement is approved, endorsed and filed: a. The corporate existence of...
- Section 17:16j-14 - Foreign Depositories; Acquisition
Any state chartered depository may purchase or otherwise acquire one or more foreign depositories to the same extent and in the same manner that...
- Section 17:16j-15 - Federally Chartered Depository; Supervisory Merger
In the case of a supervisory merger, the commissioner may authorize a state chartered depository to merge into, consolidate with, or sell its assets...
- Section 17:16j-16 - Protection Of Depositors; Stockholder Voting
To protect the interest of the depositors of any depository in a supervisory merger or acquisition, the commissioner may waive the provisions of this...
- Section 17:16j-17 - Foreign Depository; Limitations On Acquisition Or Merger
Nothing in this act is intended to authorize the merger by or the acquisition of stock or the assets of a depository by a...
- Section 17:16j-18 - Commissioner; Depository; Powers
Nothing in this act shall be deemed to limit any power otherwise granted to the commissioner or to any depository by law. L.1982, c....
- Section 17:16j-19 - Commissioner; Civil Liability Or Penalty
The commissioner shall not be subject to any civil liability or penalty nor to any criminal prosecution for any error in judgment or discretion...
- Section 17:16j-20 - Rules And Regulations
The commissioner may promulgate rules and regulations necessary to effectuate the purposes of this act. L.1982, c. 8, s. 20, eff. March 4, 1982.
- Section 17:16j-21 - Annual Report
The commissioner shall provide a written annual report to the chairmen of the Assembly Banking and Insurance Committee and the Senate Labor, Industry and...
- Section 17:16k-1 - Short Title
This act shall be known and may be cited as the "Electronic Fund Transfer Privacy Act." L.1983, c. 466, s. 1, eff. Jan. 12,
- Section 17:16k-2 - Definitions
As used in this act: a. "Access device" means a card, code, or other means of access to a consumer's account, or any combination...
- Section 17:16k-3 - Disclosure Of Information By Financial Institution To Third Party
A financial institution may disclose information relative to an electronic fund transfer or account to a third party when: a. The disclosure is necessary...
- Section 17:16k-4 - Government Agencies; Obtaining Information; Necessity Of Search Warrant Or Subpena
No government agency, except as provided for in subsections e. and f. of section 3 of this act, may obtain information from an electronic...
- Section 17:16k-5 - Interception By Government Agency; Court Order
a. No government agency shall intercept an electronic fund transfer without first obtaining a court order. b. The judge, upon consideration of an application,...
- Section 17:16k-6 - Negligent, Willful Or Reckless Violation Of Act By Financial Institution Or Government Agency; Penalties
If a court of competent jurisdiction determines that a financial institution or a government agency acted negligently, willfully, or recklessly in violating this act,...
- Section 17:16k-7 - Definitions
1. As used in this act: "Access area" means any paved walkway or sidewalk which is within 50 feet of an automated teller machine...
- Section 17:16k-8 - Evaluation Of Automated Teller Machines For Safety
2. a. Operators of all automated teller machines in operation after the effective date of this act shall evaluate the safety of automated teller...
- Section 17:16k-9 - Video Camera Required
3. Every automated teller machine facility shall contain a video camera which at least shall view and record all persons entering the facility or...
- Section 17:16k-10 - Minimum Lighting Requirements
4. Each operator and any person or entity controlling an access area or defined parking area in operation after the effective date of this...
- Section 17:16k-11 - Basic Safety Precaution Information To Customers
5. a. Each customer receiving an access device shall be furnished by the respective issuer thereof with written notice of basic safety precautions to...
- Section 17:16k-12 - Provisions; Enforcement, Penalty For Violation
6. a. The Department of Banking shall enforce the provisions of this act. b. Any party responsible hereunder found to be in violation of...
- Section 17:16k-13 - Other Laws Applicable
7. Nothing contained in this act shall be construed to exempt or relieve any operator, owner or other person responsible hereunder from complying with...
- Section 17:16k-14 - Nonapplicability To Certain Atm's
8. The provisions of this act shall not apply to any automated teller machine or automated teller machine facility located in any building, structure...
- Section 17:16k-15 - Supersedure, Preemption Of Local Rules, Regulations, Etc.
9. This act supersedes and preempts all rules, regulations, codes, or ordinances of any county or municipality with regard to customer safety at automated...
- Section 17:16k-16 - Definitions Relative To Automated Teller Machines.
1.As used in this act: "Automated teller machine" means any electronic information processing device located in the State of New Jersey which accepts or...
- Section 17:16k-17 - Required Display On Automated Teller Machine.
2.Every automated teller machine located in this State shall have displayed on it, in a conspicuous place, a permanent, affixed label or notice that...
- Section 17:16k-18 - Enforcement; Violations, Penalties.
3. a. The Department of Banking and Insurance shall enforce the provisions of this act. b.Any party found to be in violation of this...
- Section 17:16l-1 - Definitions
1. As used in this act: a. "Banking institution" means any state or federally chartered bank, savings bank, or savings and loan association, including...
- Section 17:16l-2 - Bank Policy Disclosure
Every banking institution shall provide a written disclosure to every deposit account holder on the effective date of this act and to every applicant...
- Section 17:16l-3 - Penalty For Violation
Any banking institution which willfully violates any provision of this act or any regulation promulgated in accordance therewith shall be subject to a fine...
- Section 17:16m-1 - Definitions
As used in this act: "Capital stock association" shall have the meaning ascribed to it in section 15 of P.L.1974, c.137 (C.17:12B-244). "Capital stock...
- Section 17:16m-2 - Conversion Of Mutual Association To Mutual Savings Bank; Capital Stock Association To Capital Stock Savings Bank
Any mutual association may apply to the commissioner to convert itself to a mutual savings bank by organizing and transferring its assets and liabilities...
- Section 17:16m-3 - Application For Conversion To Savings Bank
An application by a State association to convert to a savings bank shall contain the following: a. Duplicate copies of the minutes of the...
- Section 17:16m-4 - Approval Of Conversion By Commissioner
The commissioner shall not approve an application of a State association to convert to a savings bank unless the commissioner finds, after appropriate investigation,...
- Section 17:16m-5 - Approval Of Application Of State Association Not Satisfying Certain Requirements
The commissioner may approve the application of a State association which does not satisfy the capital maintenance requirements set forth in subsection c. of...
- Section 17:16m-6 - Notification Of Applicant
a. Within 60 days of receiving all of the information and documents specified in section 3 of this act and such other information as...
- Section 17:16m-7 - Filing Of Certificate Of Incorporation
The certificate of incorporation with the commissioner's approval endorsed thereon or annexed thereto shall be filed in the department, and shall be recorded within...
- Section 17:16m-8 - Conversion Of Savings Bank To State Association
Any savings bank chartered pursuant to the laws of this State may apply to the commissioner to convert to a State association by complying...
- Section 17:16m-9 - Rules, Regulations
The commissioner may promulgate and adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations necessary to effectuate the...
- Section 17:16n-1 - Findings, Declarations
1. a. The Legislature hereby finds and declares that: (1) The depository institutions in New Jersey should meet the basic banking needs of the...
- Section 17:16n-2 - Definitions
2. As used in this act: "Account" means an account in a depository institution with respect to which the account holder is permitted to...
- Section 17:16n-3 - New Jersey Consumer Checking Accounts
3. a. Every depository institution that maintains regular checking accounts in this State shall make available to consumers a New Jersey Consumer Checking Account...
- Section 17:16n-4 - Products, Services Offered To Holders Of New Jersey Consumer Checking Account
4. Except as otherwise provided in this act, a depository institution shall offer all of its products and services to a consumer who holds...
- Section 17:16n-5 - Consumers To Be Informed Of Availability Of New Jersey Consumer Checking Account
5. Every depository institution required to offer a New Jersey Consumer Checking Account shall post a conspicuous notice in a public area of each...
- Section 17:16n-6 - Noncompliance
6. a. A depository institution that fails to comply with any provision of this act may be enjoined in any court of competent jurisdiction....
- Section 17:16n-7 - Violation, Penalty
7. Upon a finding by the commissioner, after notice and an opportunity for hearing, of a violation by any depository institution of any provision...
- Section 17:16p-1 - Borrower May Choose Own Attorney; Payment Of Fees Regulated; Secured Loan
2. a. No banking institution, other financial institution or other lender, which is licensed or authorized under the laws of this State or of...
- Section 17:16p-2 - Payment Of Fees To Lender's Attorney; Unsecured Loan
3. a. If a banking institution, other financial institution or other lender, which is licensed or authorized under the laws of this State or...
- Section 17:16q-1 - Definitions
1. As used in this act: "Appropriate federal financial supervisory agency" means: a. The Comptroller of the Currency with respect to federally chartered banks;...
- Section 17:16q-2 - Cra Rating; Receipt; Public Availability
2. Beginning on the effective date of this act, each time a depository institution receives a CRA rating on and after July 1, 1990,...
- Section 17:16q-3 - Community Financial Services Advisory Board.
3.There is created in the Department of Banking and Insurance a Community Financial Services Advisory Board. The board shall consist of the commissioner or...
- Section 17:16q-4 - Board Duties
4. a. The board shall review the CRA reports submitted to it pursuant to section 2 of this act. b. The board shall act...
- Section 17:16q-5 - Regulations
5. The commissioner may promulgate regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), necessary to effectuate the provisions of this...
- Section 17:16r-1 - Substitution Of Fiduciaries
1. A qualified fiduciary (herein "successor fiduciary") may be substituted in the place and stead of another qualified fiduciary (herein "original fiduciary") which is...
- Section 17:16r-2 - Application To Become Successor Fiduciary
2. a. The qualified fiduciary desiring to become the successor fiduciary shall make application to the Superior Court, which application may be made ex...
- Section 17:16r-3 - Appointment Of Successor Fiduciary
3. a. If the Superior Court approves the application, it shall make an order appointing the applicant qualified fiduciary as successor fiduciary in respect...
- Section 17:16r-4 - Definitions Relative To Qualified Fiduciaries.
4. For the purpose of this act: a. "Qualified fiduciary" means a bank or savings bank authorized to exercise fiduciary powers pursuant to section...
- Section 17:16s-1 - Definitions Relative To Complying With Discovery Or Production Of Documents; Costs; Reimbursement
21. a. For the purposes of this section: "Financial institution" means an entity chartered or licensed by the United States of America or by...
- Section 17:16s-2 - Bank Service Fee On Orders Of Execution; Definitions
22. A depository institution which is presented with an execution on an account pursuant to N.J.S.2A:17-57 et seq., may deduct from the amount levied...
- Section 17:16t-1 - Findings, Declarations Relative To Release Of Certain Account Information Of Senior Or Vulnerable Customers.
1.The Legislature finds and declares that many customers of financial institutions have worked diligently to accumulate savings and other resources deposited in, or managed...
- Section 17:16t-2 - Definitions Relative To Release Of Certain Account Information.
2.As used in this act: "Account" means a deposit or fiduciary account maintained with a financial institution in the senior or vulnerable customer's name....
- Section 17:16t-3 - Release Of Financial Records To Law Enforcement Agency, County Adult Protective Services Provider.
3.Notwithstanding any other law, regulation or common law to the contrary, a financial institution may release the financial records regarding a customer's account to...
- Section 17:16t-4 - Immunity From Liability For Financial Institution.
4. a. Any financial institution, or officer, employee, or agent thereof, making a disclosure of information pursuant to this act, shall not be liable...
- Section 17:16u-1 - Findings, Declarations Relative To Voluntary Compliance Reviews By Depository Institutions
1.The Legislature finds and declares that it is in the public interest for depository institutions in this State to conduct voluntary internal reviews and...
- Section 17:16u-2 - Definitions Relative To Voluntary Compliance Reviews By Depository Institutions
2.As used in this act: "Affiliate" shall have the meaning given it pursuant to section 2 of the federal "Bank Holding Company Act of...
- Section 17:16u-3 - Report Deemed Privileged
3.A voluntary compliance review report shall be privileged and neither it nor its existence shall be discoverable or admissible as evidence in any legal...
- Section 17:16u-4 - Privilege Of Persons Involved In Preparation Of Report
4.Persons involved in the preparation of a voluntary compliance review report shall not be required to give answers to any questions or provide testimony...
- Section 17:16u-5 - Privileges Not Applicable, Conditions
5. a. The provisions of sections 3 and 4 of this act shall not apply if: (1)an enforcement action is taken, that enforcement action...
- Section 17:16u-6 - Certain Materials Not Considered Privileged
6.Materials described in this section shall not become privileged pursuant to the provisions of sections 3 and 4 of this act because they are...
- Section 17:16u-7 - Use Of Privileged Information Prohibited; Limited Disclosure
7.No person shall use any information privileged pursuant to this act to discover any other information and any information so discovered shall be inadmissible...
- Section 17:16u-8 - Other Privileges Unaffected
8.Nothing in this act shall limit, waive or abrogate the scope or nature of any statutory or common law privilege, including, without limitation, the...
- Section 17:16u-9 - Circumvention Of Privilege Prohibited
9.No regulatory agency shall adopt a rule for the purpose of circumventing the privilege established in this act by requiring disclosure of a voluntary...
- Section 17:16u-10 - Information Remains Privileged; Exceptions
10. If a depository institution voluntarily discloses information it obtained from a voluntary compliance review to the department or to another appropriate regulatory agency,...
- Section 17:16u-11 - Access Of Third Party Restricted
11. Nothing in this act shall be construed to permit any third party access to any voluntary compliance review report subject to the provisions...
- Section 17:16v-1 - Short Title.
1.This act shall be known and may be cited as the "Collateral Protection Insurance Act." L.1999,c.44,s.1.
- Section 17:16v-2 - Definitions Relative To Collateral Protection Insurance.
2.As used in this act: "Collateral" means all personal property used to secure payment or performance pursuant to a credit transaction. "Collateral protection insurance"...
- Section 17:16v-3 - Collateral Protection Insurance, Purchase By Creditor.
3. a. If the terms of the credit agreement require the debtor to obtain and continue to maintain insurance which designates the creditor as...
- Section 17:16v-4 - Collateral Protection Insurance; Effective Date, Face Amount, Term.
4. a. The effective date of the collateral protection insurance policy purchased by the creditor shall not be sooner than the earlier of the...
- Section 17:16v-5 - Termination, Cancellation Conditions.
5. a. Collateral protection insurance shall terminate or shall be canceled upon the occurrence of any of the following: (1)the date the creditor is...
- Section 17:16v-6 - Obtaining Insurance.
6.Collateral protection insurance may be obtained from an insurance carrier chosen by the creditor which is licensed or otherwise authorized to provide such insurance...
- Section 17:16v-7 - Cause Of Action Not Created To Debtor Or Third Party; Remedy; Exempt Transactions.
7. a. A creditor that places, or a person that receives commissions or fees arising out of, collateral protection insurance shall not be liable...
- Section 17:16v-8 - Fiduciary Relationship Not Imposed.
8.Neither this act nor the purchase of collateral protection insurance nor receipt of commission or other consideration by the creditor shall impose a fiduciary...
- Section 17:16v-9 - Remedies, Rights, Options Unimpaired.
9.This act shall not impair any other remedies, rights or options available to a creditor pursuant to law, regulation, ruling or contract. L.1999,c.44,s.9.
- Section 17:16v-10 - Notices To Primary Debtor.
10. If a credit transaction involves more than one debtor, notices or warnings required to be mailed under this act, shall be mailed to...
- Section 17:16v-11 - Applicability When Debtor Resides In State.
11. This act shall apply to all credit transactions entered into in this State or if the debtor resides in this State, provided, however,...
- Section 17:16v-12 - Transactions To Which Act Applies.
12. This act shall apply to all credit transactions whether entered into prior or subsequent to the effective date of this act but shall...
- Section 17:16w-1 - Declaration Regarding Records Retention
1.The Legislature declares that it is in the public interest to require State chartered financial institutions to retain certain records for specified periods of...
- Section 17:16w-2 - Definitions Regarding Records Retention
2.As used in this act: "Commissioner" means the Commissioner of Banking and Insurance. "Date of the passbook" means the date of the last entry...
- Section 17:16w-3 - Statement Accounts, Certificates Of Deposit, Passbook Accounts; Records
3.A financial institution shall retain records of its accounts as follows: a.Statement accounts: (1) Records of transactions in a statement account sufficient to reconstruct...
- Section 17:16w-4 - Passbook Payment With No Financial Institution Records
4.The following rules shall apply if a passbook is presented to a financial institution for payment and the financial institution has no record of...
- Section 17:16w-5 - Loan, Collateralized Loans; Records
5.A financial institution shall retain records relating to the making, collection and administration of loans as follows: a.For all loans: (1)Records of dispositive or...
- Section 17:16w-6 - Records Of Checks, Drafts, Etc., Six Year Retention
6.A financial institution shall retain records of checks, drafts, money orders and cashier's checks issued by it for not less than six years after...
- Section 17:16w-7 - Other Records, Records Retention
7.A financial institution shall maintain records relating to safe deposit boxes, which records include access records, access agreements, lease agreements, signature cards, records of...
- Section 17:16w-8 - Retention Time Period
8.If any records are subject to the provisions of more than one of the time periods for the retention of records specified in sections...
- Section 17:16w-9 - Retention Period For Records Not Covered By This Act
9.For any records not specifically covered by this act and for which there is no applicable state or federal retention period prescribed, the Commissioner...
- Section 17:16w-10 - Claims Where Records Not Required To Be Retained, Statutes Of Limitations Not Affected; Requirements
10. a. In the event of any claim against a financial institution where the claimant relies in any way on records of the financial...
- Section 17:16w-11 - Applicability
11. The provisions of this act shall apply to all financial institutions chartered by this State and to the records of out-of-State banks, savings...
- Section 17:16x-1 - Definitions Regarding Subsidiary Mergers
1.For purposes of this act: "Commissioner" means the Commissioner of Banking and Insurance. "Financial institution" means a bank, savings bank or savings and loan...
- Section 17:16x-2 - Conditions Of Merger
2.A financial institution may merge with any one or more of its subsidiaries, so long as the financial institution is the entity that survives...
- Section 17:16x-3 - Merger's Legal Compliance
3.Mergers of a financial institution and a subsidiary of a financial institution pursuant to this act shall comply with and require the commissioner's approval...
- Section 17:16x-4 - Merger Plan Contents
4.The governing board of the financial institution shall adopt a plan of merger for a merger pursuant to this act between the financial institution...
- Section 17:16x-5 - Adoption Of Merger Plan
5.The governing board of a subsidiary shall adopt a plan of merger pursuant to the provisions of the law under which the subsidiary was...
- Section 17:16x-6 - Application For Commissioner's Approval
6.A financial institution shall apply for the commissioner's approval to merge with a subsidiary other than a financial institution, and shall provide the information...
- Section 17:16x-7 - Merger Deemed Effective From Filing Of Certification
7.A merger between a financial institution and a subsidiary other than a financial institution shall be effective from the filing with the commissioner of...
- Section 17:16x-8 - Dissention From The Merger
8.Any holder of an interest in a subsidiary to be merged, including a shareholder, partner or member, shall have the right to dissent from...
- Section 17:16y-1 - Use Of Trade Name, Trademark Of Depository Institution.
1.No person shall use or reference the trade name or trademark of a depository institution, its affiliate or subsidiary or a trade name or...
- Section 17:16y-2 - Use Of Consumer's Loan Information.
2.No person shall use or reference a consumer's loan number, loan amount or other specific loan information, whether publicly available or not, in any...
- Section 17:16y-3 - Use Of Depository Institution Trade Name, Trademark To Deceive Consumer.
3.No person shall use the trade name or trademark of a depository institution, its affiliate or subsidiary or a trade name or trademark similar...
- Section 17:16y-4 - Violations, Penalties.
4. a. A person who violates the provisions of this act shall be liable to a penalty of $1,000 for each violation. The penalty...
- Section 17:16y-5 - Regulations.
5.The Commissioner of Banking and Insurance shall promulgate regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) as necessary to effectuate...
- Section 17:16z-1 - Short Title.
1.This act shall be known and may be cited as the "Banking Development District Act." L.2011, c.24, s.1.
- Section 17:16z-2 - Definitions Relative To Banking Development Districts.
2.As used in this act: "Bank" means a State or federally chartered bank, savings bank, savings and loan association, or credit union doing business...
- Section 17:16z-3 - Banking Development District Program.
3.There is established in the department, the Banking Development District Program. The commissioner shall administer and monitor the program to encourage the establishment of...
- Section 17:16z-4 - Rules, Regulations Setting Forth Criteria For Establishment Of Banking Development Districts.
4.The department shall promulgate rules and regulations which set forth the criteria for the establishment of banking development districts. The criteria shall include, but...
- Section 17:16z-5 - Application For Designation Of Banking Development District.
5. a. A municipality, in conjunction with a bank, may submit an application to the commissioner for the designation of a banking development district...
- Section 17:16z-6 - Selection Of Bank As Depository For Public Moneys, Funds.
6. a. Notwithstanding the provisions of section 1 of P.L.1956, c.174 (C.52:18-16.1) or any other law to the contrary, the State Treasurer may select...
- Section 17:16z-7 - Selection Of Bank As Depository Of Funds Of Municipality.
7. a. The governing body of a municipality in which a banking development district has been designated by the commissioner may, by resolution, select...
- Section 17:16z-8 - Rules, Regulations.
8.The Department of Banking and Insurance shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to effectuate...
- Section 17:17-1 - Kinds Of Insurance
17:17-1. Ten or more persons may form a corporation for the purpose of making of any kinds of insurance, as follows: a. Against direct...
- Section 17:17-2 - Stock Or Mutual Plan
Companies may be formed upon the stock or mutual plan to transact any kind of insurance authorized by section 17:17-1 of this Title, subject...
- Section 17:17-3 - Purposes Permitted
A company may be formed: a. For the purposes specified in any or all of the paragraphs of section 17:17-1 of this Title except...
- Section 17:17-4 - Certificate Of Incorporation
The persons so proposing to incorporate shall sign a certificate stating their intention to form a corporation under chapters 17 to 33 of this...
- Section 17:17-5 - Approval By Attorney General; Recording And Filing Certificate
The certificate of incorporation shall be proved or acknowledged as required for deeds of real estate and be submitted to, and examined by, the...
- Section 17:17-6 - Capital And Surplus Required For Stock Company; Temporary Waiver
17:17-6. No stock insurance company organized under chapters 17 to 33 of Title 17 of the Revised Statutes (17:17-1 et seq.), shall commence or...
- Section 17:17-7 - Assets Required For Mutual Company; Temporary Waiver
17:17-7. No mutual insurance company organized under chapters 17 to 33 of Title 17 of the Revised Statutes ( s.17:17-1 et seq.), shall commence...
- Section 17:17-8 - Examination Before Commencing Business
Before granting authority to a company to issue policies or make contracts of insurance, the commissioner shall be satisfied, by such examination and evidence...
- Section 17:17-9 - Deposit Prerequisite To Authorization
No company organized under chapters 17 to 33 of this title (s. 17:17-1 et seq.), other than a mutual company organized to make insurance...
- Section 17:17-10 - Certificates Authorizing Company To Commence Business; Issuance, Surrender; Replacement Carrier.
17:17-10. a. When satisfied that a company has complied with all the requirements of this subtitle to entitle it to engage in business and...
- Section 17:17-11 - Transacting Business Before Authority Given; Liability Of Directors And Corporators
The directors and corporators of any company organized under chapters 17 to 33 of this title (s. 17:17-1 et seq.), shall be jointly and...
- Section 17:17-12 - Misdemeanor To Do Business Unless Authorized
No person by himself, or by his brokers, agents, solicitors, surveyors, canvassers or other representatives of whatever designation, nor any such broker, agent, solicitor,...
- Section 17:17-13 - Application Of Subtitle Limited
The provisions of this subtitle, other than those specifically made applicable thereto, shall not apply to corporations authorized to transact business in this state...
- Section 17:17-14 - Assessments Required When Liabilities Of Mutual Company, Other Than Fire Or Life, Exceed Assets
When the liabilities of any mutual insurance company, other than fire or life, organized under the laws of this State and now doing business,...
- Section 17:17-15 - Rules, Regulations On Solvency Standards
5. The commissioner may promulgate rules and regulations with respect to solvency standards and tests, including, but not limited to: the ratio of policyholder...
- Section 17:17-16 - Increase In Amount Of Required Capital, Surplus
6. The commissioner may increase the amount of capital or surplus required of any insurer pursuant to R.S.17:17-6 or R.S.17:17-7, or subsequently revise or...
- Section 17:17-17 - Factors For Determining Increase, Revision, Redetermination Of Capital, Surplus
7. In determining any increase, revision or redetermination in the capital or surplus of an insurer pursuant to the provisions of section 6 of...
- Section 17:17-18 - Maintenance Of Reserves
8. Every insurance company transacting the business of insurance in this State shall, at all times, maintain reserves in an amount estimated in the...
- Section 17:17-19 - Suspension, Revocation Of Authority To Do Business
9. The commissioner may suspend or revoke the authority to do business in this State of any insurer that does not comply with the...
- Section 17:17-20 - Change Of Domicile For Insurers
1. a. An insurer that is formed under the laws of another state and is admitted to transact the business of insurance in this...
- Section 17:17a-1 - Insurer May Acquire Stock Of Or Have Common Management With Other Insurers; Restrictions
Any domestic insurer may retain, invest in or acquire the whole or any part of the capital stock of any other insurer or insurers,...
- Section 17:17a-2 - Interlocking Directorate
Any person otherwise qualified may be a director of two or more insurers having a common management but no such interlocking directorate shall be...
- Section 17:17a-3 - Violations; Notice Of Hearing; Cease And Desist Order
Whenever the Commissioner of Banking and Insurance has reason to believe that there is a violation of this act, he shall serve upon the...
- Section 17:17a-4 - Abridgement Of Rights Or Remedies
Nothing contained in this section shall be deemed to alter or abridge any rights or remedies which may otherwise be available to any person...
- Section 17:17b-1 - Statement Of Beneficial Owner, Director Or Officer; Amount Of Securities; Change In Ownership
Every person who is directly or indirectly the beneficial owner of more than 10% of any class of any equity security of a domestic...
- Section 17:17b-2 - Profits From Purchase And Sale, Etc., Of Security Within Period Less Than 6 Months To Inure To Company; Recovery; Exemptions
For the purpose of preventing the unfair use of information which may have been obtained by such beneficial owner, director or officer by reason...
- Section 17:17b-3 - Unlawful Sales Of Equity Securities; Defense
It shall be unlawful for any such beneficial owner, director or officer, directly or indirectly, to sell any equity security of such company if...
- Section 17:17b-4 - Securities Held In Investment Account; Transactions Made In Ordinary Course Of Business; Exemption
The provisions of section 2 of this act shall not apply to any purchase and sale, or sale and purchase, and the provisions of...
- Section 17:17b-5 - Foreign Or Domestic Arbitrage Transactions; Exemption
The provisions of sections 1, 2, and 3 of this act shall not apply to foreign or domestic arbitrage transactions unless made in contravention...
- Section 17:17b-6 - "Equity Security" Defined
The term "equity security" when used in this act means any stock or similar security; or any security convertible, with or without consideration, into...
- Section 17:17b-7 - Exemption Of Certain Equity Securities
The provisions of sections 1, 2, and 3 of this act shall not apply to equity securities of a domestic stock insurance company if...
- Section 17:17b-8 - Rules And Regulations
The commissioner shall have the power to make such rules and regulations as may be necessary for the execution of the functions vested in...
- Section 17:17c-1 - Definitions Regarding Domestic Mutual Life Insurers.
1.As used in this act: "Adoption date" means the date as of which the board of directors of the mutual insurer initially approves and...
- Section 17:17c-2 - Reorganization Into A Domestic Stock Life Insurer.
2.A domestic mutual life insurer authorized to write the kind of business defined in N.J.S.17B:17-3, which life insurer may also be authorized to write...
- Section 17:17c-3 - Reorganization Process.
3.The reorganization of a mutual insurer shall be accomplished pursuant to a plan of reorganization that complies with the following requirements: a.The plan of...
- Section 17:17c-4 - Application For Reorganization Approval.
4. a. Upon the affirmative vote of not less than three-fourths of the members of the entire board of directors of the mutual insurer,...
- Section 17:17c-5 - Approval Of Reorganization.
5. a. Subject to the provisions of subsection b. of this section, the plan of reorganization shall be approved by a vote of not...
- Section 17:17c-6 - Limits On Acquisition Of Beneficial Ownership; Exceptions.
6.Except as otherwise specifically provided in the plan of reorganization, prior to and for a period of three years following the effective date of...
- Section 17:17c-7 - Financial Compensation Restricted
7.No director, officer, agent or employee of the mutual insurer shall receive any fee, commission or other valuable consideration, other than his usual regular...
- Section 17:17c-8 - Compliance; Nonimpairment.
8.If the mutual insurer complies substantially and in good faith with the requirements of this act with respect to any required notice to policyholders,...
- Section 17:17c-9 - Effective Date Of Reorganization.
9.The reorganization shall be effective upon the date when the specified requirements within the plan of reorganization are satisfied. On or prior to the...
- Section 17:17c-10 - Status Of Stock Insurer After Reorganization.
10. Upon the effective date, the mutual insurer shall immediately become a stock insurer, all membership interests shall be extinguished, and the reorganized insurer...
- Section 17:17c-11 - Reorganization Plan Amendments.
11. The mutual insurer may, by action of not less than three-fourths of its board of directors, abandon or amend the plan of reorganization...
- Section 17:17c-12 - Commissioner's Rules, Regulations.
12. The commissioner may, in his discretion, promulgate rules and regulations to implement this act. L.1998,c.46,s.12.
- Section 17:17c-13 - Directors, Officers Retained.
13. The directors and officers of the mutual insurer, unless otherwise specified in the plan of reorganization, shall serve as the directors and officers...
- Section 17:17c-14 - Notice Of Intent To Demutualize.
14. Within 90 days following the public announcement by a mutual insurer of its intent to demutualize pursuant to this act, the mutual insurer...
- Section 17:18-1 - Powers And Duties Generally
Any company organized under chapters 17 to 33 of this title (s. 17:17-1 et seq.), and its stockholders, members and directors, shall have all...
- Section 17:18-2 - Membership In Federal Home Loan Bank
An insurance company incorporated under the laws of this state may become a member of the federal home loan bank organized in the district...
- Section 17:18-3 - Dealing In Real Estate; Disposition Of Unnecessary Real Estate
Any insurance company of this State may purchase, hold and convey, such real estate as may be: (a) Requisite for its accommodation in the...
- Section 17:18-4 - Purchase Of Stock Of Other Companies
Any insurance company, other than a life insurance company, organized under the laws of this state and authorized to transact business, may purchase or...
- Section 17:18-5 - Reinsurance
Any insurance company of this state may make reinsurance of any risks taken by it, but no life insurance company shall reinsure any of...
- Section 17:18-6 - Loan For Defraying Expenses
A mutual company organized under chapters 17 to 33 of this title (s. 17:17-1 et seq.), may borrow or assume a liability for the...
- Section 17:18-8 - Engaging In Other Business
No company formed hereunder shall transact any other business than that specified in its original or amended certificate of incorporation.
- Section 17:18-9 - Maximum Amounts Of Individual Risks
17:18-9. No insurance company transacting business in this State shall expose itself to any loss on any one risk or hazard in an amount...
- Section 17:18-10 - Advertisement Of Assets To Include Liabilities
When an insurance company doing business in this state advertises its assets, it shall, in the same connection and equally conspicuously, advertise its liabilities,...
- Section 17:18-12 - Disability Benefits Not Liable To Execution, Attachment, Garnishment, Etc.; Rights Of Creditors
No money or other benefit paid, provided or allowed to be paid, provided or allowed by any stock or mutual life, health or casualty...
- Section 17:18-13 - Title Insurance Companies; Reserve Of Gross Fees And Premiums; Charges Against Reserve
Every title insurance company of this State or of another State or foreign country doing business in this State under paragraph "h" of section...
- Section 17:18-14 - Title Insurance Companies; Loss Reserve
In addition to the reserves hereinabove required by section six of this act, every such company shall set up and maintain a loss reserve...
- Section 17:18-15 - Allocation Of Reserve Of Fees And Premiums
In cases where a title insurance company of this State or of another State or foreign country doing business in this State under paragraph...
- Section 17:18-16 - Payment Of Taxes, Charges And Fees Authorized Unless Laws Imposing Them Have Been Held Invalid
The directors or trustees of any corporation organized or existing under any general or special law of this State for the purpose of transacting...
- Section 17:18-17 - Furnishing Accounting Record Of Compensation To Or On Behalf Of Holder Of Policy To Holder
The provisions of any other law to the contrary notwithstanding, every insurance company when making compensation to or on behalf of the holder of...
- Section 17:18-18 - Violations; Penalty
Any insurance company violating any provision of this act shall be liable to a penalty of $200.00 for each violation which shall be collected...
- Section 17:18-19 - Definitions Relative To Vehicle Protection Product Warranties.
1.As used in this act: "Administrator" means a third party, other than the warrantor, who is designated by the warrantor to be responsible for...
- Section 17:18-20 - Requirements For Issuance Of Vehicle Protection Product Warranty.
2.A vehicle protection product warranty offered or issued in this State shall: a.Identify the warrantor, the seller, the warranty holder and the terms of...
- Section 17:18-21 - Registration For Warrantor Required.
3. a. A person may not operate as a warrantor or represent to the public that the person is a warrantor unless the person...
- Section 17:18-22 - Conditions For Express Warranty.
5.A vehicle protection product warranty issued by the warrantor of a vehicle protection product does not constitute a contract substantially amounting to insurance or...
- Section 17:18-23 - Registration Not Required For Nonwarrantor.
6.An administrator or person who sells or solicits a sale of a vehicle protection product, but who is not a warrantor, shall not be...
- Section 17:18-24 - Vehicle Protection Product Not Required For Sale, Financing.
7.A warrantor or seller of vehicle protection products shall not require, as a condition of sale or financing, a retail purchaser of a motor...
- Section 17:18-25 - Noncompliance Prior To Effective Date.
8.The failure of a warrantor or other person to comply with P.L.2007, c.166 (C.17:18-19 et al.), or otherwise to administer a vehicle protection product...
- Section 17:18-26 - Violation, Unlawful Practice.
9.A violation of the provisions of P.L.2007, c.166 (C.17:18-19 et al.) shall be an unlawful practice and a violation of P.L.1960, c.39 (C.56:8-1 et...
- Section 17:19-1 - Insanitary Housing Conditions; Necessity For Remedy
It is hereby declared that congested, insanitary and dangerous housing conditions which exist in portions of the cities of the first class in this...
- Section 17:19-2 - Application For Approval Of Project To Remedy Conditions
Any insurance company of this state authorized to hold, purchase and convey real estate may present to the governing body of any city of...
- Section 17:19-3 - Application; Examination Into; Approval
Upon filing the application the governing body shall examine it and any amendments and supplements thereto, and within three months of its filing, or...
- Section 17:19-4 - Acquiring Property; Condemnation
When the application has been approved by the governing body, the applicant may thereupon undertake and proceed to acquire the real estate required for...
- Section 17:19-5 - Conveyance Of Property To Applicant
Upon the acquisition by the city of the property, and payment to the city by the applicant of the sum expended by it, the...
- Section 17:19-6 - Completion Of Project
When the property or any part necessary to the completion of the project has been acquired by condemnation and conveyed to the applicant, the...
- Section 17:19-7 - Disposal Of Property
No applicant that has acquired any property by the exercise of the power of eminent domain by a city and by subsequent conveyance from...
- Section 17:19-8 - Investment In Project Authorized
Any insurance company of this state, in addition to other investments allowed by law, may invest its funds, to an aggregate amount not exceeding...
- Section 17:19-9 - Application For Approval Of Project; Proceedings Thereon
The insurance company, prior to the acquisition of the real estate or within one year after its acquisition, or within such further period as...
- Section 17:19-10 - Procedure After Approval Of Application
When the application has been approved by the governing body, the company may thereupon proceed to improve the real estate already acquired, and to...
- Section 17:19-11 - Maximum Rental Fixed
When new housing facilities, as provided in this chapter, have been completed, the governing body shall fix the maximum rental per room that may...
- Section 17:19-12 - Construction Period
When an insurance company has invested its funds in real estate pursuant to the authority granted by this article, it shall, within five years...
- Section 17:20-1 - Definitions
17:20-1. a. As used in this chapter: (1) "Bank" means a State or federally chartered bank, savings bank, or savings and loan association which...
- Section 17:20-1.1 - Procedure For Holding Of Deposits
Whenever the commissioner is required or authorized by a law of this or any other state or country to receive and hold a deposit,...
- Section 17:20-2 - Deposits; Interest On; Substitution Of
17:20-2. The commissioner shall hold the securities deposited as aforesaid, for the benefit and security of all the policyholders of the company depositing them,...
- Section 17:20-3 - Delivery Of Securities On Dissolution, Liquidation, Reorganization Or Merger; Action To Obtain Delivery; Claims Of Policyholders
17:20-3. Whenever any insurance company of this State shall voluntarily dissolve, or a receiver or trustee thereof shall be appointed by the Superior Court...
- Section 17:20-3.1 - Fees For Services Of Custodian Required Pursuant To R. S.17:20-1 et Seq.
The Commissioner of Insurance shall establish, by regulation, the fees to be charged insurance companies for the services of the custodian pursuant to the...
- Section 17:20-4 - Deposits To Do Business Elsewhere
The commissioner may receive from any insurance company of this State a deposit of any securities necessary to enable it to transact business in...
- Section 17:21-1 - Proxy Voting Permitted At Elections
At any election of directors, managers or other officers of an insurance company of this state, every person entitled to vote at the election...
- Section 17:21-2 - Compensation Of Directors
The directors of any insurance company of this state, when acting as its officers, and also for each occasion of their attendance at meetings...
- Section 17:21-3 - Election Of Directors Of Benefit Companies
All elections of directors of any stock insurance company of this state incorporated by special charter, whose object is to assist its sick or...
- Section 17:22-5.2 - Effective Date
This act shall take effect May first, one thousand nine hundred and forty-two. L.1941, c. 118, p. 267, s. 3.
- Section 17:22-6.2a - Authorization Entitling Broker To Receive Insurance Premium On Behalf Of Insurer
Any insurer which delivers in this State to any insurance broker a contract of insurance (other than a contract of life insurance, or life,...
- Section 17:22-6.14a - Rates Of Commission To Be Set Forth In Contracts; Exceptions; Termination Of Contracts.
1. a. In the event that a policy is canceled by the insurer, either at its own behest or at the behest of the...
- Section 17:22-6.14a1 - Property And Casualty Insurers; Filing Of Current Underwriting Guidelines
All property and casualty insurers doing business in New Jersey shall, upon request of the Commissioner of Insurance, file with the Department of Insurance...
- Section 17:22-6.14a2 - Notice Of Nonrenewal; Identification Of Underwriting Standards Not Met; Liability For Information To Insurer As To Reasons For Nonrenewal
Where a policy of insurance is not renewed because of failure to meet the then current underwriting standards, the notice of nonrenewal shall identify...
- Section 17:22-6.14a3 - Rules And Regulations By Commissioner Of Insurance
The Commissioner of Insurance is authorized to adopt, promulgate and enforce such rules and regulations as he determines to be necessary to implement this...
- Section 17:22-6.14b - Severability
If any section, subsection, subdivision, paragraph, sentence or clause of this act is held invalid or unconstitutional, such decision shall not affect the remaining...
- Section 17:22-6.26 - Repeals
Sections 17:22-1, 17:22-2, 17:22-3, 17:22-4, 17:22-5, 17:23-3, 17:32-6, and 17:32-11 of the Revised Statutes and section one of "An act concerning the licensing of...
- Section 17:22-6.35 - Repeal
Section 17:36-1 of the Revised Statutes is repealed. L.1948, c. 462, p. 1900, s. 8.
- Section 17:22-6.37 - Acting For Unauthorized Companies; Prohibition; Exceptions
No person shall in this State directly or indirectly act as agent for, or otherwise represent or aid on behalf of another, any insurer...
- Section 17:22-6.38 - Violation; Misdemeanor; Penalties
Any person who in this State represents or aids an unauthorized insurer in violation of section 3 of this act shall upon conviction thereof...
- Section 17:22-6.39 - Actions Or Proceedings By Unauthorized Insurers Prohibited; Exceptions
No unauthorized insurer shall institute, file, or maintain, or cause to be instituted, filed, or maintained, any suit, action or proceeding in this State...
- Section 17:22-6.40 - Short Title; Application Of Act
Sections 6 through 31 of this act (C. 17:22-6.40 through 17:22-6.65) constitute and may be referred to as "the surplus lines law." This act...
- Section 17:22-6.41 - Definitions Relative To Surplus Lines Insurers.
7.As used in this surplus lines law: (a)"Surplus lines agent" means an individual licensed as a surplus lines insurance producer with surplus lines authority...
- Section 17:22-6.42 - Procurement Of Surplus Line Coverages; Conditions
8.If certain insurance coverages of subjects resident, located, or to be performed in this State cannot be procured from authorized insurers, such coverages, hereinafter...
- Section 17:22-6.43 - Eligibility For Export Of Insurance Coverage; Conditions
9.No insurance coverage shall be eligible for export unless it meets all of the following conditions: (a)The insurance coverage required must not be procurable,...
- Section 17:22-6.44 - Writing Of Coverages Declared Eligible For Export Without Regard To Rate Filings
An admitted insurer may write any insurance coverage declared eligible for export by the commissioner under section 9 of this act through any surplus...
- Section 17:22-6.45 - Eligibility As Surplus Lines Insurer.
11.No surplus lines agent shall place any coverage with any unauthorized insurer which is not then an eligible surplus lines insurer as provided for...
- Section 17:22-6.46 - Withdrawal Of Eligibility; Grounds; Notice
If at any time the commissioner has reason to believe that any unauthorized insurer then on the list of eligible surplus lines insurers is...
- Section 17:22-6.47 - Submission Of Affidavit, Certification To Surplus Lines Agent
13. Within 30 business days after the effectuation of any surplus lines insurance the originating broker shall submit to the surplus lines agent an...
- Section 17:22-6.48 - Surplus Lines Examining Office
The commissioner shall establish and maintain an office and such facilities as may reasonably be necessary to carry out the purposes of this act....
- Section 17:22-6.49 - Appropriation
There is hereby appropriated to the Department of Banking and Insurance for the fiscal year 1959-60 the sum of $35,000.00 for the purpose of...
- Section 17:22-6.50 - Issuance And Delivery Of Evidence Of Insurance
Upon placing a surplus line coverage, the surplus lines agent shall promptly issue and deliver to the insured evidence of the insurance consisting either...
- Section 17:22-6.50a - Certificate Of Insurance; Contents
Every certificate of insurance shall contain or have attached thereto a complete record of all policy insuring agreements, conditions, exclusions, clauses, endorsements or any...
- Section 17:22-6.52 - Statement Of Surplus Lines Agent
Each surplus lines agent through whom a surplus lines coverage is procured shall write or print on the outside of the policy and on...
- Section 17:22-6.53 - Validity Of Contracts Procured From Unauthorized Insurers
Insurance contracts procured as "surplus lines" coverages from unauthorized insurers in accordance with this law shall be fully valid and enforceable as to all...
- Section 17:22-6.54 - Liability Of Insurer
If the unauthorized insurer has assumed the risk as to a surplus lines coverage placed under this surplus lines law, and if the premium...
- Section 17:22-6.55a - Advisory Organizations
a. Advisory surplus lines organizations of surplus lines agents may be formed to: (1) facilitate and encourage compliance by its members with the laws...
- Section 17:22-6.57 - Record Of Surplus Lines Contracts Procured
23. Each surplus lines agent shall keep in his office a full and true record of each surplus lines contract procured by him, including...
- Section 17:22-6.58 - Verified Report Of Surplus Lines Insurance Transacted
24. Each surplus lines agent shall within 45 calendar days after the end of each calendar quarter file with the commissioner a verified report...
- Section 17:22-6.59 - Premium Receipts Tax For Surplus Lines Coverage.
25.The premiums charged for surplus lines coverages are subject to a premium receipts tax of 5% of all gross premiums less any return premiums...
- Section 17:22-6.60 - Suit For Tax
If the tax payable by a surplus lines agent under this surplus lines law is not so paid within the time prescribed, the same...
- Section 17:22-6.61 - Suspension, Revocation, Refusal To Renew License Of Surplus Lines Agents
27. The commissioner may suspend, revoke, or refuse to renew the license of a surplus lines agent and all other licenses and permits held...
- Section 17:22-6.62 - Revocation For Failure To File Report Or Pay Taxes; Procedure; Review
If any licensed surplus lines agent fails to file the quarterly report required or pay the taxes as required of him under this surplus...
- Section 17:22-6.63 - Lawsuits Against Unauthorized Insurer
29. An unauthorized insurer which has not been made eligible as a surplus lines insurer by the commissioner in accordance with section 11 of...
- Section 17:22-6.64 - Report Of Insurance Through Unauthorized Foreign, Alien Insurer.
30.Every insured who in this State procures or causes to be procured or continues or renews insurance with an unauthorized foreign or alien insurer,...
- Section 17:22-6.65 - Production Of Records And Information Upon Order Of Commissioner
Every person by or as to whom insurance is procured or placed in an unauthorized insurer, upon the commissioner's order shall produce for his...
- Section 17:22-6.66 - Partial Invalidity
If any clause, sentence, paragraph, section or part of this act shall be adjudged by any court of competent jurisdiction to be invalid, such...
- Section 17:22-6.67 - Effective Date
This action shall take effect immediately except that sections 1 and 2 shall not take effect until November 1, 1960. L.1960, c.32, p. 125,
- Section 17:22-6.68 - Repeal
Section 21 of "An act relating to the licensing, regulation and supervision of insurance agents, insurance brokers and insurance solicitors, supplementing chapters 22, 32...
- Section 17:22-6.69 - Repeal
Sections 2, 3, 4, 5, 6 and 7 of "An act to amend and supplement "An act relating to the licensing, regulation and supervision...
- Section 17:22-6.69a - Short Title.
1.Sections 1, 2 and 3 of this amendatory and supplementary act shall be known and may be cited as the "Reinsurance and Surplus Lines...
- Section 17:22-6.69b - Designation As Domestic Surplus Lines Insurer.
2. a. Notwithstanding any other provision of law to the contrary, a domestic insurer possessing policyholder surplus of at least $15,000,000 may, pursuant to...
- Section 17:22-6.69c - Notice To Policyholder.
3.Whenever any insurance risk or any part thereof is placed with a domestic surplus lines insurer, the policy, binder, or cover note shall bear...
- Section 17:22-6.69d - Authority Of Commissioner To Enter Into Compacts, Agreements.
4. a. Notwithstanding the provisions of section 24, 25 or 30 of P.L.1960, c.32 (C.17:22-6.58, C.17:22-6.59 or C.17:22-6.64) or any other law to the...
- Section 17:22-6.69e - Authority Of Commissioner To Modify, Terminate Compacts, Agreements.
5.Notwithstanding any other law to the contrary, the commissioner is authorized, subject to the provisions of section 6 of P.L.2011, c.119 (C.17:22-6.69f), to enter...
- Section 17:22-6.69f - Authority To Nullify Commissioner's Decision.
6.The commissioner shall submit any decision to enter into or terminate this State's participation in any compacts or agreements pursuant to section 4 or...
- Section 17:22-6.69g - Rules, Regulations.
7.The commissioner, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), may adopt such rules and regulations as may be necessary to...
- Section 17:22-6.70 - Short Title
This act shall be known and may be cited as the "New Jersey Surplus Lines Insurance Guaranty Fund Act." L.1984, c.101, s. 1, eff....
- Section 17:22-6.70a - Findings, Declarations Relative To Surplus Lines Insurance.
1.The Legislature finds and declares: a.The "New Jersey Surplus Lines Insurance Guaranty Fund Act," P.L.1984, c.101 (C.17:22-6.70 et seq.), enacted 18 years ago in...
- Section 17:22-6.71 - Purpose, Application Of Act.
2.The purpose of this act is to provide a mechanism for the payment of covered claims under certain insurance policies issued by eligible surplus...
- Section 17:22-6.72 - Definitions Relative To The Surplus Lines Insurance Guaranty Fund.
3.Affiliate" means a person who directly, or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with an...
- Section 17:22-6.73 - Surplus Lines Insurance Guaranty Fund.
4.There is created a private, nonprofit, unincorporated, legal entity to be known as the New Jersey Surplus Lines Insurance Guaranty Fund. All surplus lines...
- Section 17:22-6.74 - Powers, Duties And Obligations Of The Surplus Lines Insurance Guaranty Fund.
5. a. The fund shall: (1)Be obligated to the extent of the covered claims against an insolvent insurer incurred prior to or 30 days...
- Section 17:22-6.75 - Financial Support; Surcharges; Loans
a. In order to provide the monies necessary to meet the fund's obligations and expenses under this act: (1) Each member insurer, including a...
- Section 17:22-6.76 - Suspension Of Eligibility Of Member Insurer Or License Of Surplus Lines Agent; Interest On Unpaid Assessment Or Surcharge; Reinstatement
The commissioner may, after notice, suspend the eligibility of a member insurer or the license of a surplus lines agent that fails to pay...
- Section 17:22-6.77 - Declaration Of Insolvency, Actions Of Commissioner.
8. a. An insolvent insurer shall forward to the commissioner and to the association a copy of the declaration of insolvency within three business...
- Section 17:22-6.78 - Assignment Of Rights By Person Recovering.
9. a. Any person recovering under this act shall be deemed to have assigned his rights under the policy from which the claim arose...
- Section 17:22-6.79 - Recovery Of Covered Claims, Exhaustion Of Other Sources.
10. a. Any person having a covered claim that may be recovered from more than one insurance guaranty association, or its equivalent, shall be...
- Section 17:22-6.80 - Examination Of Insurers In Financial Condition Hazardous To Policyholders Or Public; Request To Domiciliary Jurisdiction For Examination And Report
In the event the commissioner has sufficient basis to believe that the financial condition of a member insurer is hazardous to the policyholders or...
- Section 17:22-6.81 - Examination And Regulation Of Fund; Financial Report
The fund shall be subject to examination and regulation by the commissioner. The association, on behalf of the fund, shall submit, not later than...
- Section 17:22-6.82 - Immunity From Liability Of Persons Acting Under This Law
There shall be no liability on the part of, and no cause of action of any nature shall arise against any member insurer, the...
- Section 17:22-6.83 - Coverage Under This Act; Notice On Application And Policy Or Certificate; Advertisement
A member insurer shall include on the application and on the face of the policy or certificate for insurance subject to this act, a...
- Section 17:22-6.84 - Proceedings Involving Insolvent Insurer Stayed; Conditions.
7. All proceedings in which the insolvent insurer is a party or is obligated to defend a party in any court in this State...
- Section 17:22a-26 - Short Title
1.This act shall be known and may be cited as the "New Jersey Insurance Producer Licensing Act of 2001." L.2001,c.210,s.1.
- Section 17:22a-27 - Purpose Of Act
2.This act governs the qualifications and procedures for the licensing of insurance producers. It simplifies and organizes the statutory law to improve efficiency, permits...
- Section 17:22a-28 - Definitions Relative To Licensure Of Insurance Producers
3.As used in this act: "Business entity" means a corporation, association, partnership, limited liability company, limited liability partnership, or other legal entity. "Commissioner" means...
- Section 17:22a-29 - Licensure Required
4.A person shall not sell, solicit or negotiate insurance in this State unless the person is licensed for that line of authority in accordance...
- Section 17:22a-30 - Construction Of Act; License Not Required
5. a. Nothing in this act shall be construed to require an insurer to obtain an insurance producer license. In this section, the term...
- Section 17:22a-31 - Written Examination, Fee.
6. a. A resident individual applying for an insurance producer license shall pass a written examination unless exempt pursuant to section 10 of this...
- Section 17:22a-32 - Application, Approval.
7. a. An individual applying for a resident insurance producer license shall make application to the commissioner on the uniform application and declare under...
- Section 17:22a-33 - Issuance Of Resident Insurance Producer License
8. a. Unless denied licensure pursuant to section 15 of this act, persons who have met the requirements of sections 6 and 7 of...
- Section 17:22a-34 - Nonresident Insurance Producer License
9. a. Unless denied licensure pursuant to section 15 of this act, a nonresident person shall receive a nonresident insurance producer license if: (1)The...
- Section 17:22a-35 - Exemptions From Prelicensing Education, Examination
10. a. An individual who applies for an insurance producer license in this State who was previously licensed for the same lines of authority...
- Section 17:22a-36 - Notification Of Assumed Name
11. An insurance producer doing business under any name other than the producer's legal name shall notify the commissioner prior to using the assumed...
- Section 17:22a-37 - Temporary License
12. a. The commissioner may issue a temporary insurance producer license for a period not to exceed 180 days without requiring an examination if...
- Section 17:22a-38 - Requirements For License Granting Surplus Lines Authority.
13. a. No license granting surplus lines authority shall be issued or renewed unless the applicant holds or will hold property and casualty authorities....
- Section 17:22a-39 - Insurance Marketed Through Limited Lines Insurance Producers
14. The commissioner shall establish, by rule or regulation, the line or lines of insurance that may be marketed through a limited lines insurance...
- Section 17:22a-40 - Causes For Probation, Suspension, Revocation, Refusal To Issue Or Renew.
15. a. The commissioner may place on probation, suspend, revoke or refuse to issue or renew an insurance producer's license or may levy a...
- Section 17:22a-41 - Licensure Required For Receipt Of Commission
16. a. An insurer or insurance producer shall not pay a commission, service fee, brokerage or other valuable consideration to a person for selling,...
- Section 17:22a-41.1 - Notification By Insurance Producer To Purchaser Of Compensation Received By Producer.
25. a. An insurance producer licensed pursuant to P.L.2001, c.210 (C.17:22A-26 et al.) who sells, solicits, or negotiates health insurance policies or contracts to...
- Section 17:22a-42 - Appointment Of Agents
17. a. Any insurer authorized to transact business in this State may, by written contract, appoint as its agent, a person that holds a...
- Section 17:22a-43 - Immunity From Civil Liability
18. a. (1) In the absence of actual malice, an insurer, the authorized representative of the insurer, an insurance producer, the commissioner, or an...
- Section 17:22a-44 - Fees
19. a. The commissioner shall, by regulation, set reasonable, necessary and appropriate fees to be charged for licensing insurance producers, filing agency appointments, filing...
- Section 17:22a-45 - Powers Of Commissioner
20. a. The commissioner shall have the power to conduct investigations, to administer oaths, to interrogate licensees and others, and to issue subpoenas to...
- Section 17:22a-46 - Fees, Requirements For Nonresident Insurance Producers, Reciprocity
21. a. The commissioner shall not assess a greater fee for an insurance producer license or related service to a person not residing in...
- Section 17:22a-47 - Reports To Commissioner.
22. a. An insurance producer shall report to the commissioner any administrative action taken against the insurance producer in another jurisdiction or by another...
- Section 17:22a-47.1 - Temporary Suspension For Failure To Report To Commissioner; Additional Penalties.
3. a. Upon receipt of information that a producer has failed to report to the commissioner any administrative action, criminal prosecution or any disciplinary...
- Section 17:22a-48 - Rules, Regulations
26. a. The commissioner may, in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) promulgate rules and regulations necessary to effectuate...
- Section 17:22a-49 - Definitions Relative To Portable Electronics Insurance.
As used in this act: "Commissioner" means the Commissioner of Banking and Insurance. "Consumer" means a person who purchases portable electronics or related services....
- Section 17:22a-50 - License Required To Sell Coverage.
2. a. A vendor shall not sell, or offer to sell, coverage under a policy of portable electronics insurance unless licensed as a limited...
- Section 17:22a-51 - Vendor May Offer Insurance To Consumers.
3.The employees and authorized representatives of a vendor holding a limited lines insurance producer license may sell or offer to sell portable electronics insurance...
- Section 17:22a-52 - Application For Limited Lines Insurance Producer; Renewal, Fee.
4.Notwithstanding the provisions of the "New Jersey Insurance Producer Licensing Act of 2001," P.L.2001, c.210 (C.17:22A-26 et seq.): a.A sworn application for a limited...
- Section 17:22a-53 - Insurance Offered On Periodic Basis; Eligibility, Underwriting Standards.
5. a. Portable electronics insurance may be offered on a month to month or other periodic basis as a group or master commercial inland...
- Section 17:22a-54 - Availability Of Information To Consumers.
6.At every location at which portable electronics insurance is offered to consumers, the limited lines insurance producer licensed to sell that insurance shall make...
- Section 17:22a-55 - Billing, Collection Of Charges.
7. a. The charges for portable electronics insurance coverage may be billed and collected by the vendor of portable electronics. Any charge to the...
- Section 17:22a-56 - Rights, Responsibilities Of Insurers.
8.Notwithstanding any other provision of law: a.An insurer may terminate or otherwise change the terms and conditions of a policy of portable electronics insurance...
- Section 17:22a-57 - Violations, Penalties.
9.If a vendor of portable electronics or its employee or authorized representative violates any provision of this act or any provision of P.L.2001, c.210...
- Section 17:22b-1 - Short Title
1. This act shall be known and may be cited as the "Public Adjusters' Licensing Act." L.1993,c.66,s.1.
- Section 17:22b-2 - Definitions
2. As used in this act: "Commissioner" means the Commissioner of Insurance. "Department" means the Department of Insurance. "Public adjuster" or "adjuster" means any...
- Section 17:22b-3 - License Required For Adjuster
3. a. No individual, firm, association or corporation shall act as an adjuster in this State unless authorized to do so by virtue of...
- Section 17:22b-4 - Nonapplicability Of Act
4. a. Nothing contained in this act applicable to public adjusters shall apply to any employee, agent, or other representative of any authorized insurer...
- Section 17:22b-5 - Issuance Of License
5. The commissioner may issue a public adjuster's license to any individual, firm, association or corporation, hereinafter designated as the licensee, who, or which,...
- Section 17:22b-6 - Application Requirements
6. a. Before any license or any renewal thereof shall be issued by the commissioner, there shall be filed in his office a written...
- Section 17:22b-7 - Written Examination
7. a. The commissioner shall require every individual applicant and each sublicensee to take and pass a written examination to his satisfaction, except in...
- Section 17:22b-8 - License Granted Without Examination, Prior Experience
8. a. Upon payment of the prescribed fee as provided in this act, a person who has been employed as or acted as a...
- Section 17:22b-9 - License Fees.
9.For applications made during the first year of operation of this act, there shall be paid to the commissioner by each individual applicant and...
- Section 17:22b-10 - License Renewal.
10. Every adjuster's license issued pursuant to this act may be renewed for a two-year period upon the filing of an application in conformity...
- Section 17:22b-11 - Issuance Of Supplemental, Temporary Licenses
11. a. Any firm, association, or corporation licensed as an adjuster under this act may at any time apply to the commissioner for the...
- Section 17:22b-12 - Bond Required For Licensure
12. No adjuster's license or renewal license shall be issued to an applicant unless there shall be on file with the commissioner a bond,...
- Section 17:22b-13 - Prohibited Practices.
13. No individual, firm, association or corporation licensed under this act shall: a.solicit the adjustment of a loss or damage occurring in this State...
- Section 17:22b-14 - Refusal To Issue Or Renew License, Revocation; Conditions
14. a. The commissioner may refuse to issue or renew a license, or suspend or revoke any adjuster's license if, after notice and opportunity...
- Section 17:22b-15 - One-year Waiting Period After Revocation
15. No individual, firm, association or corporation whose license has been so revoked, and no firm or association of which the individual is a...
- Section 17:22b-16 - Notice To Applicant Of Rejection, Suspension Or Revocation
16. If an application for a license under this act is rejected, or if any license is suspended or revoked by the commissioner, he...
- Section 17:22b-17 - Violations; Civil Penalties
17. Any person violating any provision of this act shall, in addition to any other sanctions provided by law, be liable to a civil...
- Section 17:22b-18 - Additional Fees
18. a. The commissioner shall set reasonable, necessary and appropriate fees, other than licensure fees under section 9 of this act, to effectuate the...
- Section 17:22b-19 - Licenses Remain Property Of State
19. a. All licenses shall at all times be the property of the State of New Jersey and upon any suspension, revocation, refusal to...
- Section 17:22b-20 - Rules, Regulations
20. The commissioner may promulgate any rules and regulations as may be necessary to effectuate the purposes of this act pursuant to the "Administrative...
- Section 17:22c-1 - Definitions
1. For the purposes of this act: "Commissioner" means the Commissioner of Insurance. "Insurer" means: a. Any corporation, association, partnership, reciprocal exchange, interinsurer, Lloyd's...
- Section 17:22c-2 - Licensing For Domestic Risks As Insurance Producer Required
2. No person, firm, association or corporation shall act in the capacity of a managing general agent with respect to risks located in this...
- Section 17:22c-3 - Licensing For Foreign Risks
3. No person, firm, association or corporation shall act in the capacity of a managing general agent representing an insurer domiciled in this State...
- Section 17:22c-4 - Bond Required
4. The commissioner may require a bond in an amount acceptable to him for the protection of the insurer. L.1993,c.237,s.4.
- Section 17:22c-5 - Errors, Omissions Policy
5. The commissioner may require the managing general agent to maintain an errors and omissions policy in a form and amount acceptable to the...
- Section 17:22c-6 - Contract Requirements For Managing General Agents
6. No person, firm, association, or corporation acting in the capacity of a managing general agent shall place business with an insurer unless there...
- Section 17:22c-7 - Audit; Loss Reserve Opinion, On-site Procedural Audit
7. a. The insurer shall conduct and have on file an independent audit in a form acceptable to the commissioner of each managing general...
- Section 17:22c-8 - Acts Of Managing General Agent Considered Acts Of Insurer
8. The acts of the managing general agent are considered to be the acts of the insurer on whose behalf it is acting. A...
- Section 17:22c-9 - Violations; Penalties; Summary Proceedings
9. a. If the commissioner finds after notice and opportunity for a hearing that any person has violated any provision of this act, the...
- Section 17:22c-10 - Rules, Regulations
10. The commissioner may promulgate rules and regulations as are necessary to effectuate the purposes of this act. L.1993,c.237,s.10.
- Section 17:22d-1 - Definitions
1. For purposes of this act: "Accredited state" means a state in which the insurance department or other regulatory agency has qualified as meeting...
- Section 17:22d-2 - Application Of Act
2. a. This act shall apply to licensed insurers which are domiciled in this State or domiciled in a state that is not an...
- Section 17:22d-3 - Application Of Provisions Of Section; Controlled Business, Regulated
3. a. The provisions of this section shall apply if, in any calendar year, the aggregate amount of gross written premium on business placed...
- Section 17:22d-4 - Written Notice Of Relationship Between Controlling Producer, Controlled Insurer; Exception
4. The controlling producer, prior to the effective date of the policy, shall deliver written notice to the prospective insured disclosing the relationship between...
- Section 17:22d-5 - Noncompliance; Penalties
5. a. (1) Upon a finding that the controlling producer or any other person has not complied with this act, or any regulation or...
- Section 17:22d-6 - Rules, Regulations
6. The commissioner may, pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), promulgate rules and regulations as are...
- Section 17:22e-1 - Definitions
1. As used in this act: "Commissioner" means the Commissioner of Insurance. "Controlling person" means a person which directly or indirectly has the power...
- Section 17:22e-2 - Licensing Of Intermediary-broker, Intermediary-manager
2. a. No person shall act as a reinsurance intermediary-broker or reinsurance intermediary-manager in this State unless licensed as a producer in this State....
- Section 17:22e-3 - Requirements For Intermediary-manager
3. The commissioner may require a reinsurance intermediary-manager to: a. File a bond in an amount and from an insurer acceptable to the commissioner...
- Section 17:22e-4 - Authorization To Act As Reinsurance Intermediary
4. a. The commissioner shall authorize a person to act as a reinsurance intermediary if that person has complied with the requirements of this...
- Section 17:22e-5 - Refusal Of Authorization
5. The commissioner may refuse to authorize a person to act as a reinsurance intermediary if, in his judgment, the person, anyone named on...
- Section 17:22e-6 - Written Contract Required For Transactions Between Reinsurance Intermediary-broker, Insurer
6. Transactions between a reinsurance intermediary-broker and the insurer it represents in that capacity shall only be entered into pursuant to a written contract,...
- Section 17:22e-7 - Records Of Transactions
7. For at least 10 years after the expiration of each contract of reinsurance transacted by the reinsurance intermediary-broker, the reinsurance intermediary-broker shall keep...
- Section 17:22e-8 - Access To Intermediary-broker Records By Insurer
8. The insurer shall have access and the right to copy and audit all accounts and records maintained by the reinsurance intermediary-broker related to...
- Section 17:22e-9 - Authorization As Reinsurance Intermediary-broker Required
9. An insurer shall not engage the services of any person to act as a reinsurance intermediary-broker on its behalf unless that person is...
- Section 17:22e-10 - Employment Restrictions
10. An insurer shall not employ an individual who is employed by a reinsurance intermediary-broker with which it transacts business, unless the reinsurance intermediary-broker...
- Section 17:22e-11 - Annual Statement Of Financial Condition To Insurer
11. A reinsurance intermediary-broker shall annually send a copy of statements of its financial condition to each insurer with which it transacts business. L.1993,c.244,s.11.
- Section 17:22e-12 - Written Contract Required For Transactions Between Reinsurance Intermediary-manager And Reinsurer
12. Transactions between a reinsurance intermediary-manager and the reinsurer it represents in that capacity shall only be entered into pursuant to a written contract,...
- Section 17:22e-13 - Prohibitions For Reinsurance Intermediary-manager
13. The reinsurance intermediary-manager shall not: a. Cede retrocessions on behalf of the reinsurer, except that the reinsurance intermediary-manager may cede facultative retrocessions pursuant...
- Section 17:22e-14 - Authorization As Reinsurance Intermediary-manager Required
14. A reinsurer shall not engage the services of any person to act as a reinsurance intermediary-manager on its behalf unless such person is...
- Section 17:22e-15 - Annual Statement Of Financial Condition To Reinsurer
15. A reinsurance intermediary-manager shall annually send a copy of statements of its financial condition to each reinsurer with which it transacts business. Such...
- Section 17:22e-16 - Adequacy Of Loss Reserves
16. If a reinsurance intermediary-manager establishes loss reserves, the reinsurer shall annually, or more frequently at the commissioner's discretion, obtain the opinion of an...
- Section 17:22e-17 - Binding Authority For Retrocessional Contracts, Reinsurance Syndicates
17. Binding authority for all retrocessional contracts or participation in reinsurance syndicates shall rest with an officer of the reinsurer who shall not be...
- Section 17:22e-18 - Written Notice Of Contract Termination
18. Within 15 days of termination of a contract with a reinsurance intermediary-manager, the reinsurer shall provide written notification of that termination to the...
- Section 17:22e-19 - Restrictions On Appointment Of Board Of Directors
19. A reinsurer shall not appoint to its board of directors any officer, director, employee, controlling shareholder or subproducer of its reinsurance intermediary-manager. This...
- Section 17:22e-20 - Examination Of Reinsurance Intermediary
20. A reinsurance intermediary shall be subject to examination by the commissioner. The commissioner shall have access to all books, bank accounts and records...
- Section 17:22e-21 - Violations; Penalties
21. a. If the commissioner finds, after notice and opportunity for a hearing, that a reinsurance intermediary, insurer or reinsurer is in violation of...
- Section 17:22e-22 - Rights Not Restricted, Limited
22. Nothing contained in this act is intended to or shall in any manner limit or restrict the rights of policyholders, claimants, creditors or...
- Section 17:22e-23 - Rules, Regulations
23. The commissioner may promulgate rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), as may be necessary to...
- Section 17:23-1 - Statements; Format; Preparation
17:23-1. Every insurance company transacting business in this State shall annually, on or before March 1, file in the department a statement, subscribed and...
- Section 17:23-2 - Penalty For Not Filing Annual Statement
A company neglecting to make and file its annual statement in the form and within the time provided by section 17:23-1 of this Title...
- Section 17:23-8 - Short Title
This act shall be known and may be cited as the "Motor Vehicle Theft and Motor Vehicle Insurance Fraud Reporting--Immunity Act." L.1983, c. 214,...
- Section 17:23-9 - Definitions
As used in this act: a. "Authorized governmental agency" means the Department of Insurance, any law enforcement agency, or any agency or instrumentality of...
- Section 17:23-10 - Release Of Information By Insurer To Governmental Agency
Upon written request by an authorized governmental agency, an insurer or its authorized agent shall release to the requesting authorized governmental agency relevant information...
- Section 17:23-11 - Knowledge Of Theft Or Insurance Fraud; Notification To Governmental Agency
a. When an insurer knows or has reason to know the identity of a person whom it has reason to believe committed a criminal...
- Section 17:23-12 - Release Of Information Between Governmental Agencies
An authorized governmental agency provided with information pursuant to section 3 or 4 of this act may release or provide that information to any...
- Section 17:23-13 - Request By Insurer For Information From Governmental Agency; Civil Actions
An insurer providing information to an authorized governmental agency pursuant to section 3 or 4 of this act shall, with respect to a civil...
- Section 17:23-14 - Privileged Nature Of Furnished Information
Information furnished pursuant to this act shall be privileged and not a part of any public record. Except as may be required by law...
- Section 17:23-15 - Civil Liability
No insurer or its authorized agent, authorized governmental agency or their respective employees shall be subject to any civil liability in a cause of...
- Section 17:23-16 - Alcohol Related Claims; Statistics
a. Insurers authorized to do business in this State, who issue policies covering liquor law liability for insureds in this State, shall maintain separately...
- Section 17:23-17 - Report
Annually, on or before the anniversary of the effective date of this act, the insurers to which section 1 applies shall report that statistical...
- Section 17:23-18 - Examination Of Reports; Report; Recommendations
a. The Commissioner of Insurance shall examine the reports required by this act and determine whether the loss experience due to alcohol related claims...
- Section 17:23-19 - National Automobile Theft Bureau
a. Any insurer transacting automobile insurance in this State shall: (1) report the theft or salvage of a motor vehicle to the National Automobile...
- Section 17:23-20 - Purpose Of Act
1. The purpose of this act is to provide an effective and efficient system for examining the activities, operations, financial condition and affairs of...
- Section 17:23-21 - Definitions
2. As used in this act: "Commissioner" means the Commissioner of Insurance. "Company" means any insurer or other person engaging in or proposing or...
- Section 17:23-22 - Examination By Commissioner
3. a. The commissioner or any of his examiners may conduct an examination of the assets and liabilities, method of conducting business and all...
- Section 17:23-23 - Examination Procedures, Regulations
4. a. Upon determining that an examination should be conducted, the commissioner or the commissioner's designee shall issue an examination warrant appointing one or...
- Section 17:23-24 - Examination Reports
5. a. All examination reports shall be comprised of only facts appearing upon the books, records, or other documents of the company, its officers,...
- Section 17:23-25 - Conflicts Of Interest For Examiner
6. No examiner shall be appointed by the commissioner if such examiner, either directly or indirectly, has a conflict of interest or is affiliated...
- Section 17:23-26 - Immunity From Liability; Awards
7. a. No cause of action shall arise nor shall any liability be imposed against the commissioner, the commissioner's authorized representatives or any examiner...
- Section 17:23-27 - Purpose Of Sections C.17:23-27 Through C.17:23-37.
46. a. The purpose of sections 46 through 56 of P.L.2014, c.81 (C.17:23-27 through C.17:23-37) is to provide the requirements for maintaining a risk...
- Section 17:23-28 - Definitions.
47.For the purposes of sections 46 through 56 of P.L.2014, c.81 (C.17:23-27 through C.17:23-37): "Commissioner" means the Commissioner of Banking and Insurance. "Insurance group"...
- Section 17:23-29 - Maintenance Of Risk Management Framework.
48.An insurer shall maintain a risk management framework to assist the insurer with identifying, assessing, monitoring, managing and reporting on its material and relevant...
- Section 17:23-30 - Orsa Conducted, Process.
49.Except as provided in section 51 of P.L.2014, c.81 (C.17:23-32), an insurer, or the insurance group of which the insurer is a member, shall...
- Section 17:23-31 - Submission Of Orsa Summary Report.
50. a. Upon the commissioner's request, and no more than once each year, an insurer shall submit to the commissioner an ORSA Summary Report...
- Section 17:23-32 - Exemptions.
51. a. An insurer shall be exempt from the requirements of sections 46 through 56 of P.L.2014, c.81 (C.17:23-27 through C.17:23-37), if: (1)The insurer...
- Section 17:23-33 - Preparation, Review Of Orsa Summary Report.
52. a. The ORSA Summary Report shall be prepared consistent with the ORSA Guidance Manual, subject to the requirements of subsection b. of this...
- Section 17:23-34 - Documents, Materials Deemed Proprietary And Containing Trade Secrets.
53. a. Documents, materials or other information, including the ORSA Summary Report, in the possession of or control of the Department of Banking and...
- Section 17:23-35 - Failure To File Orsa Summary Report; Penalty.
54.Any insurer failing, without just cause, to timely file the ORSA Summary Report as required in sections 46 through 56 of P.L.2014, c.81 (C.17:23-27...
- Section 17:23-36 - Severability.
55.If any provision of sections 46 through 56 of P.L.2014, c.81 (C.17:23-27 through C.17:23-37), or the application thereof to any person or circumstance, is...
- Section 17:23-37 - First Filing Of Orsa Summary Report In 2015.
56.The first filing of the ORSA Summary Report shall be in 2015 pursuant to section 50 of P.L.2014, c.81 (C.17:23-31). L.2014, c.81, s.56.
- Section 17:23a-1 - Insurers, Persons Covered By Act
The obligations imposed by this act shall apply to those insurance institutions, agents or insurance-support organizations which, on or after the effective date of...
- Section 17:23a-2 - Definitions
Definitions. As used in this act: a. "Adverse underwriting decision" means: (1) Any of the following actions with respect to insurance transactions involving insurance...
- Section 17:23a-3 - Pretext Interviews
Pretext interviews. No insurance institution, agent or insurance-support organization shall use or authorize the use of pretext interviews to obtain information in connection with...
- Section 17:23a-4 - Notice Of Insurance Information Practices
Notice of insurance information practices. a. An insurance institution or agent shall provide a notice of information practices to all applicants or policyholders in...
- Section 17:23a-5 - Marketing And Research Surveys
Marketing and research surveys. An insurance institution or agent shall clearly specify those questions designed to obtain information solely for marketing or research purposes...
- Section 17:23a-6 - Content Of Disclosure Authorization Forms
Content of disclosure authorization forms. Notwithstanding any other provision of law in this State, no insurance institution, agent or insurance-support organization shall utilize as...
- Section 17:23a-7 - Investigative Consumer Reports
Investigative consumer reports. a. No insurance institution, agent or insurance-support organization may prepare or request an investigative consumer report about an individual in connection...
- Section 17:23a-8 - Access To Recorded Personal Information
Access to recorded personal information. a. If any individual, after proper identification, submits a written request to an insurance institution, agent or insurance-support organization...
- Section 17:23a-9 - Correction, Amendment Or Deletion Of Recorded Personal Information
Correction, amendment or deletion of recorded personal information. a. Within 30 business days from the date of receipt of a written request from an...
- Section 17:23a-10 - Reasons For Adverse Underwriting Decisions
Reasons for adverse underwriting decisions. a. In the event of an adverse underwriting decision the insurance institution or agent responsible for the decision shall:...
- Section 17:23a-11 - Information Concerning Previous Adverse Underwriting Decisions
Information concerning previous adverse underwriting decisions. No insurance institution, agent or insurance-support organization may seek information in connection with an insurance transaction concerning: a....
- Section 17:23a-12 - Previous Adverse Underwriting Decisions
Previous adverse underwriting decisions. No insurance institution or agent may base an adverse underwriting decision in whole or in part: a. On the fact...
- Section 17:23a-13 - Disclosure Limitations And Conditions
Disclosure limitations and conditions. An insurance institution, agent or insurance-support organization shall not disclose any personal or privileged information about an individual collected or...
- Section 17:23a-13.1 - Notification Of Test Results By Insurer To Applicants; "Reportable Communicable Disease" Defined.
1.An insurer who requires an applicant for insurance to submit to medical testing as a condition of issuing, extending or renewing the insurance shall...
- Section 17:23a-13.2 - Regulations.
2.The Commissioner of Banking and Insurance, in consultation with the Commissioner of Health, shall adopt regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410...
- Section 17:23a-13.3 - Disclosure Of Information Relative To Victim Of Domestic Violence Prohibited; Exceptions.
3.An insurer or insurance producer shall not disclose any personal or privileged information collected or received in connection with an insurance transaction regarding an...
- Section 17:23a-14 - Power Of Commissioner
Power of commissioner. a. The commissioner shall have power to examine and investigate into the affairs of every insurance institution or agent doing business...
- Section 17:23a-15 - Hearings, Witnesses, Appearances, Production Of Books And Service Of Process
Hearings, witnesses, appearances, production of books and service of process. a. Whenever the commissioner has reason to believe that an insurance institution, agent or...
- Section 17:23a-16 - Service Of Process--insurance-support Organizations
Service of process--insurance-support organizations. For the purpose of this act, an insurance-support organization transacting business outside this State which has an effect on a...
- Section 17:23a-17 - Cease And Desist Orders And Reports
Cease and desist orders and reports. a. If, after a hearing pursuant to section 15, the commissioner determines that the insurance institution, agent or...
- Section 17:23a-18 - Penalties
Penalties. a. In any case where a hearing pursuant to section 15 results in the finding of a knowing violation of this act, the...
- Section 17:23a-19 - Judicial Review Of Orders And Reports
Judicial review of orders and reports. a. Any person subject to an order of the commissioner under section 17 or section 18 or any...
- Section 17:23a-20 - Individual Remedies
Individual remedies. a. If any insurance institution, agent or insurance-support organization fails to comply with section 8, 9 or 10 of this act with...
- Section 17:23a-21 - Immunity
Immunity. No cause of action in the nature of defamation, invasion of privacy or negligence shall arise against any person for disclosing personal or...
- Section 17:23a-22 - Obtaining Information Under False Pretenses
Obtaining information under false pretenses. Any person who knowingly and willfully obtains information about an individual from an insurance institution, agent or insurance-support organization...
- Section 17:23b-1 - Definitions
1. For purposes of this act: "Commissioner" means the Commissioner of Insurance. "Department" means the Department of Insurance. "Insurer" means: a. A corporation, association,...
- Section 17:23b-2 - Filing Of Information With Naic
2. a. Every insurer authorized to do business in this State shall annually, on or before March 1 of each year, file with the...
- Section 17:23b-3 - Immunity From Civil Liability
3. Members of the NAIC, their duly authorized committees, subcommittees, and task forces, their delegates, NAIC employees, and all others charged with the responsibility...
- Section 17:23b-4 - Confidentiality
4. All financial analysis ratios and examination synopses concerning insurers that are submitted to the department by the NAIC Insurance Regulatory Information System are...
- Section 17:23b-5 - Violations; Penalties
5. a. The commissioner may suspend, revoke or refuse to renew the certificate of authority of any insurer or other entity that fails to...
- Section 17:23c-1 - Findings, Declarations Relative To Compliance Review Of Insurance Carriers
1. a. The Legislature finds and declares that it is in the public interest for insurance carriers in this State to conduct voluntary internal...
- Section 17:23c-2 - Definitions Relative To Compliance Reviews Of Insurance Carriers
2.As used in this act: "Department" means the Department of Banking and Insurance. "Enforcement action" means a criminal investigation or prosecution, or an administrative...
- Section 17:23c-3 - Voluntary Compliance Review Report Privileged
3.A voluntary compliance review report shall be privileged and neither it nor its existence shall be discoverable or admissible as evidence in any legal...
- Section 17:23c-4 - Privilege Regarding Preparation Of Report
4.Persons involved in the preparation of a voluntary compliance review report shall not be required to give answers to any questions or provide testimony...
- Section 17:23c-5 - Limited Disclosure, Circumstances
5. a. The provisions of sections 3 and 4 of this act shall not apply if: (1) an enforcement action is taken, that enforcement...
- Section 17:23c-6 - Reports Placed Under Seal At Conclusion Of Enforcement Action
6.At the conclusion of an enforcement action in which a court or administrative law judge determines that an insurance carrier has committed no statutory...
- Section 17:23c-7 - Materials Not Considered Privileged
7.The following materials described in this section shall not become privileged pursuant to the provisions of sections 3 and 4 of this act because...
- Section 17:23c-8 - Inadmissibility Of Privileged Information
8.No person shall use any information privileged pursuant to this act to discover any other information and any information so discovered shall be inadmissible...
- Section 17:23c-9 - Privileges Unaffected
9.Nothing in this act shall limit, waive or abrogate the scope or nature of any statutory or common law privilege, including, without limitation, the...
- Section 17:23c-10 - Circumvention Prohibited
10. No regulatory agency shall adopt a rule for the purpose of circumventing the privilege established in this act by requiring disclosure of a...
- Section 17:23c-11 - Continuing Privilege Of Disclosed Information
11. a. If an insurance carrier timely discloses information it obtained from a voluntary compliance review to the department or to another appropriate regulatory...
- Section 17:23c-12 - Construction Of Act Relative To Third Party Access
12. Nothing in this act shall be construed to permit any third party access to any voluntary compliance review report subject to the provisions...
- Section 17:23c-13 - Production Of Documents Not A Waiver Of Privilege; Penalty
13. a. The department may require production of any document from an insurance carrier through timely disclosure or pursuant to compulsion of law, for...
- Section 17:24-1 - Investments By Insurance Companies Generally.
- Section 17:24-1.1 - Written Plan For Acquiring, Holding Investments, Investment Practices.
2. a. An insurer's board of directors shall adopt a written plan for acquiring and holding investments and for engaging in investment practices that...
- Section 17:24-1.2 - Actions Prohibited By Insurer Without Prior Approval; Exceptions.
3. a. (1) Except as provided in subsection b. of this section, an insurer shall not, without the prior written approval of the commissioner,...
- Section 17:24-3 - Accepting Or Acquiring Corporate Stock Or Other Securities Or Property
Nothing contained in this chapter shall be construed to prohibit an insurance company from accepting or acquiring corporate stock or evidences of indebtedness or...
- Section 17:24-5 - Valuation Of Bonds
All bonds or other evidences of debt held by an insurance corporation authorized to do business in this state may, if amply secured and...
- Section 17:24-5.1 - Valuation Of Securities Held By Insurance Company; Violations; Penalties
4. Except as otherwise required by the commissioner, securities held by an insurance company transacting business in this State in accordance with the provisions...
- Section 17:24-6 - Marine Insurance Companies; Additional Investments
Any company organized for the purpose of marine insurance may also lend its funds on bottomry and respondentia bonds and change and reinvest the
- Section 17:24-7 - Title Insurance Companies; Dealing In Real Estate Mortgages; Issuing Obligations
A company organized under chapters seventeen to thirty-three of this Title (s. 17:17-1 et seq.), to transact the business authorized by paragraph "h" of...
- Section 17:24-8 - Additional Investment Permitted Title Insurance Companies
Any insurance company of this state, engaged in the business of insuring title to real estate, may also invest its capital or surplus, or...
- Section 17:24-9 - Investment Of Surplus In Stock Of Certain Companies
Any company, other than a life insurance company, organized and authorized to transact business under chapters 17 to 33 of this title (s. 17:17-1...
- Section 17:24-10 - Investments In Foreign Securities
Any insurance company of this State lawfully doing business in any foreign country may also invest its funds, to an amount not exceeding the...
- Section 17:24-11 - Bond And Mortgage; Sale Or Assignment Of Part With Guaranty Of Payment; Subordinate Interests
If a company incorporated under this subtitle has, prior to April eighteenth, one thousand nine hundred and thirty-two, under any provision thereof, purchased, obtained...
- Section 17:24-12 - Holding Of Securities Within State; Exceptions
17:24-12. All securities of domestic insurers shall be held for safekeeping within the geographical limits of this State, except: a. Securities deposited with public...
- Section 17:24-13 - Purpose Of Act; Expenses Of Committee In Investigation, Analyses, And Valuation Of Securities
The purpose of this act is to provide a means of making funds not in excess of two hundred and fifty thousand dollars ($250,000.00)...
- Section 17:24-14 - Budget Estimate
The Commissioner of Banking and Insurance shall periodically obtain from such Committee on Valuation of Securities a verified budget estimate of the receipts and...
- Section 17:24-16 - Audit Of Receipts And Disbursements; Statement Of Assets And Liabilities
The commissioner shall require annually and at such other times as he may deem it necessary or advisable a duly certified audit of receipts...
- Section 17:24-25 - Partial Repeal
a. The following sections of the Revised Statutes, insofar as they apply to life insurance companies are repealed: Sections 17:2-1, 17:2-2, 17:2-4 to 17:2-8,...
- Section 17:24-26 - Repeal
Section 17:24-2 of the Revised Statutes and P.L.1964, chapter 138 are repealed. L.1967, c. 201, s. 10, eff. Aug. 25, 1967.
- Section 17:24-28 - Definitions Relative To Investment Pools.
1.As used in this act: "Business entity" means a corporation, limited liability company, limited liability partnership, association, partnership, joint stock company, joint venture, mutual...
- Section 17:24-29 - Permitted Investments, Qualifications.
2.An insurer may invest in investment pools that: a.Invest only in: (1)Obligations that are rated "1" or "2" by the SVO or have an...
- Section 17:24-30 - Qualified Investment Pools.
3.For an investment in an investment pool to be qualified under this act, the investment pool shall not: a.Acquire securities issued, assumed, guaranteed or...
- Section 17:24-31 - Limits On Permitted Investments.
4.Notwithstanding the provisions of R.S.17:24-1 to the contrary, an insurer may invest in an investment pool, however, an insurer shall not acquire an investment...
- Section 17:24-32 - Requirements Of Manager Of Investment Pool.
5.For an investment in an investment pool to be qualified under this act, the manager of the investment pool shall: a.Be organized under the...
- Section 17:24-33 - Written Pooling Agreement, Terms.
6.The pooling agreement for each investment pool shall be in writing and shall provide that: a.An insurer and its affiliated insurers or, in the...
- Section 17:24-34 - Investment Pool, Organized As Business Entity.
7.An investment pool established pursuant to the provisions of this act shall be a business entity and shall be a subsidiary organized to engage...
- Section 17:24-35 - Authority Of Commissioner.
8.The commissioner shall have the authority to: a.Review any investment pool agreement and disapprove that agreement if it does not comply with the provisions...
- Section 17:24-36 - Inapplicability Of C.17:27a-4 As To Transaction Standards.
9.The provisions of section 4 of P.L.1970, c.22 (C.17:27A-4) shall not apply to transactions between the pool and its participants, provided, however, that the...
- Section 17:25-1 - Classes Of Stock
No stock company formed under chapters 17 to 33 of this title (s. 17:17-1 et seq.) shall create more than one class of stock...
- Section 17:25-2 - Stipulations In Stock Subscriptions
Every subscription to the capital stock of a stock company shall contain the stipulation that no sum shall be used for commission, promotion or...
- Section 17:25-3 - Declaration Of Dividends By Companies Specially Incorporated
Any insurance company organized under a special law may declare dividends out of its surplus earnings at such times and at such per cent...
- Section 17:25-4 - Retirement Of Unclaimed Scrip
When a company incorporated as a mutual insurance company has issued scrip or certificates of contribution to its capital, but is unable to ascertain...
- Section 17:25-5 - Affidavit Filed; Certificate Of Diligent Inquiry
The company shall file with the commissioner an affidavit by its president, secretary or treasurer, describing the unclaimed scrip or certificates as to the...
- Section 17:25-6 - Amount Paid Into State Treasury; Scrip Deemed Retired
Upon filing with the state treasurer the statement from the commissioner, the company may pay into the treasury of this state the amount of...
- Section 17:25-7 - Escheat Of Deposit After Twenty Years
If, within twenty years after the deposit, no claim or demand is made by the owner of the scrip or certificates, the money so...
- Section 17:26-1 - Change Of Name, Extension Of Corporate Existence Or Amendment Of Charter Or Certificate Of Incorporation; Procedure
Any insurance company of this State, whether incorporated under the provisions of this chapter or under the provisions of any special act, may change...
- Section 17:26-1.1 - Mutual Companies; Amendment Of Charter Or Certificate Of Incorporation
Any mutual insurance corporation heretofore or hereafter incorporated under any general or special law of this State may change its name, extend its corporate...
- Section 17:26-2 - Increase Or Decrease Of Capital Stock
Any stock insurance company of this state may increase its capital stock or decrease it to an amount not less than the minimum required...
- Section 17:26-3 - Adoption Of Amended Charter
When any stock or mutual insurance company of this state has adopted an amendment to its charter, as hereinbefore provided, the stockholders or members...
- Section 17:26-4 - Issuing Stock Certificates
When it appears to the satisfaction of the commissioner, as the result of examination as provided for by chapters 17 to 33 of this...
- Section 17:26-5 - Stock Nonassessable
Such capital stock shall be divided into shares of such amount as the board of directors may determine, and the holders of such stock...
- Section 17:26-6 - Mutual Company Becoming Stock Company
Any mutual insurance company of this state may, with the consent of all its members, after giving notice once in each week for six...
- Section 17:27-1 - Merger Of Two Or More Stock Corporations; Agreement Of Merger; Approval By Commissioner
Any two or more stock insurance corporations of this State, carrying on the kinds of insurance which may lawfully be carried on by one...
- Section 17:27-2 - Approval By Directors And Stockholders; Notice Of Meetings
The agreement must be assented to by vote of the majority of the number of directors of each corporation and must be approved by...
- Section 17:27-3 - Merger Of Domestic And Foreign Corporations
Any one or more insurance corporation or corporations organized under the laws of this State is or are hereby authorized to merge or consolidate...
- Section 17:27-4 - Filing Agreement Of Merger Or Consolidation; Exchange Of Stock
Upon filing such agreement of merger or consolidation with such certificate of the secretaries and approval of the Commissioner of Banking and Insurance endorsed...
- Section 17:27-5 - Rights, Franchises And Interests Transferred On Merger; Obligations And Liabilities; Rights Of Creditors And Pending Actions Unaffected; Taxation
Upon such merger or consolidation, all the rights, franchises, and interests of the corporations so merging or consolidating in and to every species of...
- Section 17:27-5a - Partial Invalidity
In case, for any reason, any section, part of section, clause or provision of this act shall be questioned in any court, and determined...
- Section 17:27-5.1 - Merger Of 2 Or More Mutual Insurance Corporations
Any 2 or more mutual insurance corporations of this State, other than mutual life insurance corporations, carrying on the kinds of insurance which may...
- Section 17:27-5.2 - Approval Of Agreement
The agreement must be assented to by vote of 2/3 of the number of directors of each corporation and must be approved by the...
- Section 17:27-5.3 - Filing Of Agreement; Approval By Commissioner; Review
Every such agreement of merger or consolidation with such certificate of the secretaries and the tentative approval of the Commissioner of Banking and Insurance...
- Section 17:27-5.4 - Transfer Of All Rights, Franchises And Interests To Resulting Corporation; Obligations And Liabilities; Actions Not To Abate
Upon such merger or consolidation, all the rights, franchises, and interests of the corporations so merging or consolidating in and to every species of...
- Section 17:27a-1 - Definitions.
1.Definitions. As used in P.L.1970, c.22 (C.17:27A-1 et seq.), the following terms shall have the respective meanings hereinafter set forth, unless the context shall...
- Section 17:27a-2 - Acquisition Of Control Of Or Merger With Domestic Insurer.
2.Acquisition of control of or merger with domestic insurer. a. (1) Filing requirements. No person other than the issuer shall make a tender offer...
- Section 17:27a-3 - Registration Of Insurers.
3.Registration of insurers. a.Registration. Every insurer which is authorized to do business in this State and which is a member of an insurance holding...
- Section 17:27a-4 - Standards.
4.Standards. a.Transactions within an insurance holding company system. (1)Transactions within an insurance holding company system to which an insurer subject to registration is a...
- Section 17:27a-4.1 - Definitions, Regulations Concerning Acquisitions.
7. a. As used in this section only: "Acquisition" means any agreement, arrangement or activity, the consummation of which results in a person acquiring,...
- Section 17:27a-5 - Examination.
5.Examination. a.Power of commissioner. In addition to the powers which the commissioner has under other sections of Title 17 of the Revised Statutes and...
- Section 17:27a-5.1 - Power Of Commissioner; Expenses; Supervisory College.
7. a. Power of commissioner. With respect to any insurer registered under section 3 of P.L.1970, c.22 (C.17:27A-3), and in accordance with subsection c....
- Section 17:27a-5.2 - Group-wide Supervision For International Insurance Groups.
8.Group-wide supervision for international insurance groups. a.As used in this section, the following terms shall have the respective meanings hereinafter set forth, unless the...
- Section 17:27a-6 - Confidential Treatment.
6.Confidential treatment. a.Documents, materials or other information in the possession or control of the department that are obtained by or disclosed to the commissioner...
- Section 17:27a-7 - Rules And Regulations
The commissioner may, upon notice and opportunity for all interested persons to be heard, issue such rules, regulations, and orders as shall be necessary...
- Section 17:27a-7.1 - Filing Fees
10. The commissioner may by rule or regulation set reasonable, necessary and appropriate fees for any filing required pursuant to P.L.1970, c.22 (C.17:27A-1 et...
- Section 17:27a-8 - Injunctions; Prohibitions Against Voting Securities, Sequestration Of Voting Securities
8. Injunctions; prohibitions against voting securities, sequestration of voting securities. a. Injunctions. Whenever it appears to the commissioner that any person or any director,...
- Section 17:27a-9.1 - Violations; Penalties.
8. a. Any insurer failing to file any registration statement as required by P.L.1970, c.22 (C.17:27A-1 et seq.) shall be required to pay a...
- Section 17:27a-10 - Receivership
Whenever it appears to the commissioner that any person has committed a violation of this chapter which so impairs the financial condition of a...
- Section 17:27a-10.1 - Right To Recovery For Receiver
9. a. If an order for rehabilitation or liquidation of a domestic insurer has been entered, the receiver appointed under that order shall have...
- Section 17:27a-11 - Revocation, Suspension, Or Nonrenewal Of Insurer's License
Whenever it appears to the commissioner that any person has committed a violation of this chapter which makes the continued operation of an insurer...
- Section 17:27a-12 - Judicial Review; Order In Lieu Of Prerogative Writ
a. Any person aggrieved by any act, determination, rule, regulation, or order or any other action of the commissioner pursuant to this chapter may...
- Section 17:27a-13 - Conflict With Other Laws
All laws and parts of laws of this State inconsistent with this chapter are hereby superseded with respect to matters covered by this chapter....
- Section 17:27a-14 - Separability Of Provisions
If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other...
- Section 17:27b-1 - Definitions
As used in this act, (1) "Domestic insurer" means a stock insurance company organized under the laws of this State; (2) "Parent corporation" means...
- Section 17:27b-2 - Acquisition Of Minority Interests
(1) Any parent corporation may, in the manner hereinafter prescribed, acquire all of the issued and outstanding shares of voting stock of its subsidiary...
- Section 17:27b-3 - Plan Of Acquisition
(1) The board of directors of the parent corporation which seeks to acquire the minority interests in its subsidiary insurer shall adopt a plan...
- Section 17:27b-4 - Submission Of Plan Of Acquisition To Commissioner
(1) Upon adoption of the plan of acquisition, it shall be executed by the parent corporation under its corporate seal and submitted to the...
- Section 17:27b-5 - Delivery Of Plan To Minority Shareholders; Acquisition Of Shares
(1) If the commissioner approves the plan, the parent corporation shall deliver a copy of the plan or a summary thereof approved by the...
- Section 17:27b-6 - Rights Of Dissenting Shareholders
(1) Within 30 days after delivery of the plan or a summary thereof pursuant to subsection (1) of section 5, any shareholder of the...
- Section 17:28-1 - Separate Risks And Premiums; Exceptions
When a policy shall insure against more than one hazard or peril, the insurance against any specific hazard or peril shall not be separately...
- Section 17:28-1.1 - Required Coverage; Exceptions.
2. a. Except for a basic automobile insurance policy, no motor vehicle liability policy or renewal of such policy of insurance, including a standard...
- Section 17:28-1.3 - Coverage For Pedestrians
Every liability insurance policy issued in this State on a motor vehicle, exclusive of an automobile as defined in section 2 of P.L. 1972,...
- Section 17:28-1.4 - Mandatory Coverage.
18.Any insurer authorized to transact or transacting automobile or motor vehicle insurance business in this State, or controlling or controlled by, or under common...
- Section 17:28-1.5 - Definitions
1. As used in this act: "Commissioner" means the Commissioner of Insurance. "Hospital expenses" means: a. The cost of a semiprivate room, based on...
- Section 17:28-1.6 - Owner, Operator Of Motor Bus To Maintain Medical Expense Benefits Coverage
a. Every owner, registered owner or operator of a motor bus registered or principally garaged in this State shall maintain medical expense benefits coverage,...
- Section 17:28-1.7 - Exemption From Tort Liability For Owner, Registrant, Operator Of Motor Bus.
3.Every owner, registrant or operator of a motor bus registered or principally garaged in this State and every person or organization legally responsible for...
- Section 17:28-1.8 - Evidence Of Amounts Collectible, Paid To Injured Passenger Inadmissible In Civil Action
Evidence of the amounts collectible or paid to an injured passenger pursuant to section 2 of this act is inadmissible in a civil action...
- Section 17:28-1.9 - Immunity From Liability For Certain Auto Insurance Providers
1. a. Notwithstanding any other provision of law to the contrary, no person, including, but not limited to, an insurer, an insurance producer, as...
- Section 17:28-2 - Effect Of Insolvency Or Bankruptcy On Paying Damages; Policy Provisions
No policy of insurance against loss or damage resulting from accident to or injury suffered by an employee or other person and for which...
- Section 17:28-3 - Maximum Premium Stated In Policy Of Mutual Company
The maximum premium shall be expressed in the policy of a mutual company organized under any law of this State, and, in a company...
- Section 17:28-4 - Definitions
As used in this act "financed automobile" shall include (a) an automobile or other motor vehicle sold at retail, the purchase price whereof is...
- Section 17:28-5 - Policy Provisions
From and after the first day of September, nineteen hundred and thirty-nine, no master policy, individual contract or certificate of insurance upon or affecting...
- Section 17:28-6 - Special Provisions
No distinction shall be made in the premium rates or rates of dividends between policies covering financed automobiles and policies covering other automobiles. No...
- Section 17:28-7 - Penalty
The Commissioner of Banking and Insurance shall have the power to revoke the authority to issue policies of insurance upon financed automobiles in this...
- Section 17:28-8 - Filing Of Endorsement To Automobile Liability Insurance Policy; "Named Excluded Driver"; Rules, Regulations.
63. a. An insurer authorized to transact or transacting automobile insurance business in this State shall file with the commissioner, for the commissioner's approval,...
- Section 17:28a-3 - Repeal
Section four of "An act concerning group life insurance, amending sections 17:34-19, 17:34-31 and 17:34-32, and supplementing chapter thirty-four of Title 17 of the...
- Section 17:29-11 - Substitution Of Policies; Charges Prohibited; Exception
No lender or other legal entity servicing mortgages shall make in connection with any mortgage loan any charge for the substitution of an insurance...
- Section 17:29-12 - Maximum Charge; Regulation
The Commissioner of Banking and Insurance shall, pursuant to chapter 66 of the laws of 1958, hold a hearing and promulgate an appropriate regulation...
- Section 17:29a-1 - Definitions
1. As used in this act, (a) "Rate" means the unit charge by which the measure of exposure or the amount of insurance specified...
- Section 17:29a-2 - License Required; Application; Fee
No rating organization shall do business in this State until it shall have been licensed to do so by the commissioner. Application for such...
- Section 17:29a-3 - Insurers May Be Members Of Rating Organizations
Every rating organization shall make reasonable provision in its bylaws, rules, constitution, or otherwise, to permit any insurer engaged in the kind of insurance...
- Section 17:29a-4 - Rates; Establishment; Considerations
Every rating organization, and every insurer which makes its own rates, shall make rates that are not unreasonably high or inadequate for the safety...
- Section 17:29a-5 - Statistical Plans; Rules And Regulations; Reports Of Experience; Statistical Agent
The commissioner shall promulgate rules and regulations as to statistical plans, reasonably adapted to each of the rating systems on file with him, which...
- Section 17:29a-5.1 - Motor Vehicle Insurance; Rating Systems; Rules And Regulations
The Commissioner of Insurance in promulgating rules and regulations as to statistical plans adapted to rating systems for motor vehicle liability and collision insurance...
- Section 17:29a-5.6 - Definitions.
1.As used in this act: a."Actual investment income" means that portion of income generated by investment of policyholder-supplied funds. Policyholder-supplied funds are the assets...
- Section 17:29a-5.7 - Annual Profits Report.
2. a. Each insurer, except those exempt from filing pursuant to section 6 of this act, shall annually file with the commissioner, on or...
- Section 17:29a-5.8 - Excess Profits.
3.Excess profits shall exist if for the seven calendar-accident years immediately preceding the date the profits report is due, the sum of an insurer's...
- Section 17:29a-5.9 - First Profits Report
The due date for the first profits report required by subsection a. of section 2 of this act is July 1, 1989. For the...
- Section 17:29a-5.10 - Excess Profit Carry Forward
In the event an excess profit is returned by an insurer in accordance with section 7 of this act and subsequent development demonstrates that...
- Section 17:29a-5.11 - Certification
An insurer having fewer than 150 car years of exposure in New Jersey during the three calendar-accident years immediately preceding the date the profits...
- Section 17:29a-5.12 - Plan For Refund, Credit.
7.If the commissioner finds that an insurer has excess profits, the insurer shall establish, subject to the approval of the commissioner, a fair, practicable,...
- Section 17:29a-5.13 - Filing Of Report
An insurer shall file the profits report, including all incidental calculations, in the formats and media to be prescribed by the commissioner. L. 1988,...
- Section 17:29a-5.14 - Alteration Of Aberrant, Unusual, Irregular Data
If, after examination thereof, the commissioner finds that any information or calculation contained in a profits report filed by an insurer contains, results in...
- Section 17:29a-5.15 - Submission Of Additional Data
Notwithstanding any other provision of this act, the commissioner may require the submission of any other data and information he deems relevant or appropriate...
- Section 17:29a-5.16 - Rules, Regulations
The commissioner shall promulgate rules and regulations in accordance with the "Administrative Procedure Act," P.L. 1968, c. 410 (C. 52:14B-1 et seq.), that he...
- Section 17:29a-5.17 - Review Of Filing; "Qualified Independent Actuary" Defined.
65. a. The Commissioner of Banking and Insurance may, in connection with any profits report made under P.L.1988, c.118 (C.17:29A-5.6 et seq.), require a...
- Section 17:29a-6 - Rating System To Be Filed
Beginning with the sixtieth day after this act takes effect, every insurer shall, before using or applying any rate to any kind of insurance,...
- Section 17:29a-7 - Rating System, Approval Of; Revision Or Modification
If, after examination thereof, the commissioner shall find that such rating-systems filed by or on behalf of an insurer provide for, result in, or...
- Section 17:29a-7.1 - Excess Rate On Specific Risk; Application; Approval
Upon written application of an insurance company, broker or agent, which application shall include the signed consent of the applicant for insurance, the commissioner...
- Section 17:29a-8 - Information As To Rates
Every rating organization, and every insurer which does its own rate-making shall, within ten days after written request therefor, and upon payment to it...
- Section 17:29a-9 - Reduction Of Rates; Hearings; Notes; Order
Every rating organization, and every insurer which does its own rate-making, shall provide reasonable means within this State, to be approved by the commissioner,...
- Section 17:29a-10 - Uniform Change In Rates; Application; Order Of Approval Or Denial
A member of or subscriber to a rating organization may make a written application to the commissioner for permission to file a uniform percentage...
- Section 17:29a-11 - Commissioner, Determination As To Rates; Factors To Be Considered
In every case where, pursuant to the provisions of this act, the commissioner is authorized or required to determine whether rates are reasonable and...
- Section 17:29a-12 - Examination Of Rating Organizations; Costs
The commissioner may, whenever he deems it expedient, but at least once in every five years, make or cause to be made an examination...
- Section 17:29a-13 - Notice Of Withdrawal Or Expulsion Of Member Of Rating Organization; Readmission
Every rating organization shall notify the commissioner promptly upon the withdrawal or expulsion therefrom of any member or subscriber. No rating organization shall expel...
- Section 17:29a-14 - Filing Of Rate Changes; Hearing.
14. a. With regard to all property and casualty lines, a filer may, from time to time, alter, supplement, or amend its rates, rating...
- Section 17:29a-15 - Rates To Be Observed; Rebates
No insurer or employee thereof, and no broker or agent shall knowingly charge, demand or receive a premium for any policy of insurance except...
- Section 17:29a-15.1 - Premium Credits
Premium credits shall be provided for each deductible and exclusion on personal injury protection coverage offered in accordance with section 13 of P.L. 1983,...
- Section 17:29a-15.2 - Commission Of Producer Unaffected By Tort Option.
14.Notwithstanding any other provision of law to the contrary, the dollar amount of the commission paid to a producer for residual bodily injury coverage...
- Section 17:29a-16 - False Information Forbidden
No insurer, and no officer, agent, or employee thereof, shall give false or misleading information to any rating organization of which it is a...
- Section 17:29a-17 - Violations
Any insurer which violates any provision of this act, or which fails to comply with the terms of any order made by the commissioner...
- Section 17:29a-18 - Suspension Of License; Procedure
Any rating organization which violates any provision of this act shall be subject to suspension of its license. Failure of a rating organization to...
- Section 17:29a-19 - Contributions To Suspended Organizations Prohibited
No insurer shall contribute to the financial support of any rating organization with knowledge that its license has been suspended and not reinstated. L.1944,...
- Section 17:29a-20 - Suspended Organizations Not To Do Business
No rating organization shall conduct the business of rate-making during the period that its license has been suspended. The provisions of this section shall...
- Section 17:29a-21 - Doing Business Without License A Misdemeanor
Any person, corporation, partnership or association which conducts the business of rate-making in this State for two or more insurers without having obtained a...
- Section 17:29a-22 - Penalties
Any person, partnership, association, corporation, insurer, or rating organization who or which shall willfully violate the provisions of this act shall be liable to...
- Section 17:29a-23 - Commissioner, Power To Assess Penalties; Procedure
In lieu of the penalty provided for in section twenty-two of this act but in addition to any other penalty or forfeiture provided by...
- Section 17:29a-24 - Review; Stay
Any order made by the commissioner pursuant to the provisions of this act shall be subject to review by the Superior Court in a...
- Section 17:29a-25 - Exceptions To Application Of Act; Investigations As To Classes Of Risks Exempted
The provisions of this act shall not apply to any policy or contract of reinsurance, other than joint reinsurance to the extent stated in...
- Section 17:29a-26 - Deputies
Wherever, under the provisions of this act, the commissioner is authorized or required to do any act, he may designate a deputy commissioner, or...
- Section 17:29a-27 - Repeals
Sections 17:29-1, 17:29-2, 17:29-3, 17:29-4, 17:29-5, 17:29-6, 17:29-8, 17:29-9 of the Revised Statutes and all other acts or parts of acts inconsistent with the...
- Section 17:29a-28 - Partial Invalidity Of Act
The invalidity of any part or section of this act shall not affect the validity of the remaining parts or sections. L.1944, c. 27,...
- Section 17:29a-29 - Advisory Organizations; Requirements; Unfair Practices
(a) Every group, association or other organization of insurers, whether located within or outside this State, which assists insurers which make their own filings...
- Section 17:29a-30 - Joint Reinsurance; Joint Underwriting; Laws Governing; Organization Deemed Insurer; Unfair Practices
(a) Every group, association or other organization of insurers which engages in joint reinsurance or joint underwriting shall be subject to regulation with respect...
- Section 17:29a-31 - Examination Of Group Engaged In Joint Reinsurance Or Joint Underwriting
The commissioner may, whenever he deems it expedient, but at least once in every five years, make or cause to be made an examination...
- Section 17:29a-32 - Application Of Act
This act applies to the kinds of insurance and to the insurers subject to "An act concerning insurance, regulating the making and applying of...
- Section 17:29a-33 - Short Title
Sections 1 to 12 of this act shall be known and may be cited as the "New Jersey Automobile Insurance Reform Act of 1982."...
- Section 17:29a-34 - Intent And Purpose Of Act.
2.It is the intent and purpose of this act: a.To require each insurer to apply on a flat and uniform fee basis per insured...
- Section 17:29a-35 - Motor Vehicle Violations Surcharge System.
6. a. (Deleted by amendment, P.L.1997, c.151.) b.There is created a Motor Vehicle Violations Surcharge System which shall apply to all drivers and shall...
- Section 17:29a-35.1 - Surcharge Debts Of Driver Extinguished Upon Death.
1.Notwithstanding the provisions or any law, rule or regulation to the contrary, upon the death of a driver on whom surcharges have been levied...
- Section 17:29a-36 - Contents Of Filing For Automotive Insurance Rate Making.
7. a. Any filing made for the purpose of automobile insurance rate making shall indicate the actual rate needs of the filer; provided, however,...
- Section 17:29a-36.1 - Seat Belt Usage Study
The Commissioner of Insurance shall, within 365 days from the effective date of this act, study and determine the impact of P.L. 1984, c....
- Section 17:29a-36.2 - Regulations
a. Within 180 days of the effective date of this section, the commissioner shall promulgate regulations providing the following with regard to private passenger...
- Section 17:29a-36.3 - Rules, Regulations
The Commissioner of Insurance may promulgate any rules and regulations which he deems necessary to effectuate the provisions of this 1988 amendatory and supplementary...
- Section 17:29a-37 - Taxes, Licenses, Fees And Expenses; Application On A Flat And Uniform Fee Basis Per Insured Automobile Statewide; Regulation Regarding Calculation And Collection Of Taxes
a. Every filer making automobile rates in this State shall apply on a flat and uniform fee basis per insured automobile Statewide those miscellaneous...
- Section 17:29a-37.1 - Flat Charges
a. All flat charges (also referred to as flat capitation fees or policy constants, but not including premiums for uninsured motorist or towing coverage,...
- Section 17:29a-38 - Reduction Of Rates; Operators 65 Years Of Age Or Older
Within 60 days following the effective date of this act, every filer shall reduce by at least 5% the rates of all principal operators...
- Section 17:29a-39 - Deductibles.
10. a. Unless the named insured selects a lower deductible amount, every private passenger automobile insurance policy providing collision and comprehensive coverages, issued or...
- Section 17:29a-40 - Inexperienced Operator Classification; Producer Commission
No producer commission shall be paid on the additional premium generated by an inexperienced operator classification. L.1983, c. 65, s. 11, eff. Jan. 1,...
- Section 17:29a-41 - Joint Legislative Committee; Monitoring And Evaluation
The Banking and Insurance Committee of the General Assembly, and the Labor, Industry and Professions Committee of the Senate, or their respective successors, are...
- Section 17:29a-46.1 - Rating Plans For Auto Insurance
14. a. Every insurer transacting or proposing to transact private passenger automobile insurance may file one or more rating plans in the voluntary market....
- Section 17:29a-46.2 - Underwriting Rules; Factors.
15. a. Insurers shall put in writing all underwriting rules applicable to each rate level utilized pursuant to section 14 of P.L.1997, c.151 (C.17:29A-46.1)....
- Section 17:29a-46.3 - Limitation Of Surcharges For Motor Vehicle Points
16. Except for a plan established pursuant to section 1 of P.L.1970, c.215 (C.17:29D-1), and except as otherwise provided in section 17 of this...
- Section 17:29a-46.4 - Initial Rate Filing
17. Any initial rate filing made on or after the effective date of this section pursuant to the provisions of section 14 of this...
- Section 17:29a-46.5 - Rules, Regulations
18. To provide for an orderly transition with minimum disruption to the private passenger automobile insurance market, the Commissioner of Banking and Insurance shall...
- Section 17:29a-46.6 - Proposed Alteration To Rating System, Expedited.
34. a. Notwithstanding section 14 of P.L.1944, c.27 (C.17:29A-14), an insurer, affiliated group of insurers or rating organization may elect to file a proposed...
- Section 17:29a-46.7 - Regulations, Administrative Processes
37. The Commissioner of Banking and Insurance may promulgate regulations and other administrative processes necessary to effectuate the purposes of this amendatory and supplementary...
- Section 17:29a-46.8 - Definitions; Standards For Interventions In Rate Filings; Offenses.
66. a. For the purposes of this section: "Qualified person" means a person qualified by the Commissioner of Banking and Insurance to intervene in...
- Section 17:29a-48 - Establishment Of New Territorial Rating Plans.
26.Every insurer writing private passenger automobile insurance in this State and every rating organization establishing territorial rating plans on behalf of its member companies...
- Section 17:29a-49 - Filing Of Territorial Rating Plan.
27. a. An insurer or rate filer shall file its territorial rating plan with the commissioner for the commissioner's approval. The commissioner shall approve...
- Section 17:29a-50 - Automobile Insurance Territorial Rating Plan Advisory Commission.
28. a. There is established the Automobile Insurance Territorial Rating Plan Advisory Commission to review insurer data and establish a common territorial rating plan...
- Section 17:29a-51 - Filing Of Rates By Insurer Writing Private Passenger Automobile Insurance; Rate Reductions.
67. a. Except for the plan established pursuant to section 1 of P.L.1970, c.215 (C.17:29D-1), every insurer writing private passenger automobile insurance in this...
- Section 17:29a-52 - Automobile Insurance Consumer Bill Of Rights.
43. a. Every insurer writing private passenger automobile insurance in this State shall provide each insured at least annually and each applicant upon receipt...
- Section 17:29a-54 - Short Title.
1.Sections 1 through 9 of this act shall be known and may be cited as the "Certificates of Insurance Act." L.2015, c.195, s.1.
- Section 17:29a-55 - Definitions Relative To Certificates Of Insurance.
2.As used in this act: "Certificate of insurance" means a document or instrument, regardless of how titled or described, that is prepared or issued...
- Section 17:29a-56 - Prohibition.
3.The commissioner shall prohibit the use of a certificate of insurance form if the form: a.Is unfair, misleading, or deceptive, or violates public policy;...
- Section 17:29a-57 - Significance Of Certificate Of Insurance.
4.A certificate of insurance shall not be considered a policy of insurance and shall not affirmatively or negatively amend, extend, or alter the coverage...
- Section 17:29a-58 - Prohibited Practices.
5. a. A person shall not: (1)Prepare, issue, request, or require the issuance of, a certificate of insurance that contains any false or misleading...
- Section 17:29a-59 - Notice.
6.A person shall be entitled to notice of cancellation, nonrenewal, or any material change, and to any similar notice concerning a policy of insurance...
- Section 17:29a-60 - Applicability.
7.The provisions of this act shall apply to all certificates of insurance issued in connection with property, operations, or risks located in this State,...
- Section 17:29a-61 - Violations, Null And Void.
8.A certificate of insurance or any other document or correspondence prepared, issued, requested, or required in violation of this act shall be null and...
- Section 17:29a-62 - Powers Of Commissioner.
9. a. The commissioner shall have the power to examine and investigate the activities of any person that the commissioner reasonably believes has been...
- Section 17:29aa-1 - Short Title
This act shall be known and may be cited as the "Commercial Insurance Deregulation Act of 1982." L.1982, c. 114, s. 1.
- Section 17:29aa-2 - Purposes
The purposes of this act are: a. To encourage independent action by price competition among insurers in the writing of commercial lines insurance; b....
- Section 17:29aa-3 - Definitions.
3.As used in this act: a."Commercial lines insurance" includes all insurance policies issued by a licensed insurer pursuant to Title 17 of the Revised...
- Section 17:29aa-4 - Scope Of Application
All policies of commercial lines insurance, issued by an insurer licensed to do business in this State shall be issued in accordance with the...
- Section 17:29aa-5 - Filing Of Rates, Supplementary Rate Information Changes, Amendments.
5. a. Notwithstanding any other law to the contrary, every authorized and admitted insurer and every rating organization shall file with the commissioner all...
- Section 17:29aa-5.1 - Annual Rate Change For Medical Malpractice Liability Insurance.
3. a. With respect to medical malpractice liability insurance, the commissioner shall prescribe by regulation a designated range of annual rate change, which shall...
- Section 17:29aa-6 - Policy Forms; Filing; Approval; Special Risks
Notwithstanding any other law to the contrary, insurers shall file copies of all policy forms for approval with the commissioner at least 30 days...
- Section 17:29aa-7 - Public Inspection; Filings And Supporting Information; Copies
Each filing and supporting information filed under this act shall, as soon as filed, be open to public inspection at any reasonable time. Copies...
- Section 17:29aa-8 - Rates; Establishment
An insurer may itself establish rates and supplementary rate information, or it may use rates and supplementary rate information prepared by a rating organization...
- Section 17:29aa-9 - Rates; Factors In Establishment
In making rates, due consideration shall be given to: past and prospective loss experience, including where pertinent, the conflagration and catastrophe hazards, if any,...
- Section 17:29aa-10 - Rates; Prohibitions
Rates shall not be excessive, inadequate or unfairly discriminatory. L.1982, c. 114, s. 10.
- Section 17:29aa-11 - Policy Forms; Prohibitions
Policy forms shall not be unfair, inequitable, misleading or contrary to law, nor shall they produce rates that are excessive, inadequate or unfairly discriminatory....
- Section 17:29aa-12 - Special Risks; Competition Regarding Rates And Policy Forms; Order Of Commissioner
With respect to special risks, upon a finding by the commissioner, after a hearing, that there is no reasonable degree of competition with respect...
- Section 17:29aa-13 - Order From Commissioner Relative To Compliance With Standards.
13. a. If the commissioner finds, after a hearing, that a rate or policy form in effect for any rating organization or insurer, whether...
- Section 17:29aa-14 - Premium For Commercial Line Insurance; Inducements; Prohibition
With respect to rates and supplementary rate information and all changes and amendments thereto subject to section 5 of this act, (a) no insurer...
- Section 17:29aa-15 - Rate In Excess Of Rate Filing; Application; Approval
Upon written application of an insurance company, broker or agent, which application shall include the signed consent of the applicant for insurance, the commissioner...
- Section 17:29aa-16 - Rating System; Statistical Plan; Rules And Regulations; Reports Of Experience
a. The commissioner shall promulgate rules and regulations as to statistical plans, reasonably adapted to each of the rating systems on file with him,...
- Section 17:29aa-17 - Special Risks; Records; Examination
The underwriting files, loss and expense statistics, financial and other records with respect to special risks written by an insurer shall be maintained in...
- Section 17:29aa-18 - Rating Organization; Commercial Lines Insurance; Applicable Provisions Of Act
Any rating organization providing any service relating to the rates of any commercial lines insurance, and any insurer utilizing the service of such organization...
- Section 17:29aa-19 - False Or Misleading Information To Rating Organization Or Commissioner
No insurer, and no officer, agent, or employee thereof, shall knowingly give false or misleading information to any rating organization of which it is...
- Section 17:29aa-20 - Suspension Of Rating Organization's License; Notice; Hearing; Order Of Commissioner
Any rating organization which knowingly violates any provision of this act shall be subject to suspension of its license. Failure of a rating organization...
- Section 17:29aa-21 - Advisory Organization; Filing; Hearing
a. Every group, association or other organization of insurers, whether located within or outside this State, which assists insurers which make their own filings...
- Section 17:29aa-22 - Joint Underwriting Or Joint Reinsurance Organization; Filing; Hearing
a. Every group, association, or other organization of insurers which engages in joint underwriting or joint reinsurance through such group, association or by standing...
- Section 17:29aa-23 - Examination; Advisory, Joint Underwriting Or Joint Reinsurance Organizations; Costs
The commissioner may make or cause to be made an examination of the business, affairs, and method of operation of any group, association or...
- Section 17:29aa-24 - Rates Or Rules; Promise To Use Or Adhere To; Penalty
No insurer shall promise, other than to a policyholder or other entities with which it is under common control or management or that are...
- Section 17:29aa-25 - Apportionment And Rate Modifications; Agreements Among Insurers; Approval
Agreements may be made among insurers with respect to equitable apportionment among them of insurance which may be afforded applicants who are in good...
- Section 17:29aa-26 - Penalties; Notice; Hearing; Suspension Of Licenses; Certificate
In addition to any other penalty or forfeiture provided by law, the commissioner may, if he finds that any person, partnership, association, corporation, insurer,...
- Section 17:29aa-27 - Commissioner's Order; Review
Any order made by the commissioner pursuant to the provisions of this act shall be subject to review by the Superior Court in a...
- Section 17:29aa-28 - Deputy Commissioner; Powers And Duties
Wherever, under the provisions of this act, the commissioner is authorized or required to do any act, he may designate a deputy commissioner, or...
- Section 17:29aa-29 - Regulations; Implementation And Enforcement Of Act
The commissioner shall promulgate regulations to implement and enforce the provisions of this act. L.1982, c. 114, s. 29.
- Section 17:29aa-30 - Commercial Lines Insurance; Exemption From Chapter 29a
Commercial lines insurance shall be exempt from the provisions of P.L.1944, c. 27 (C. 17:29A-1 et seq.) except as specifically provided in this act....
- Section 17:29aa-31 - Monitoring Implementation And Effect Of Act; Recommendations
The commissioner shall monitor the implementation and effect of this act on the commercial lines marketplace and shall report to the Legislature no later...
- Section 17:29aa-32 - Approved Rates And Forms
Approved rates and forms for commercial lines insurance in effect on the effective date of this act pursuant to the provisions of P.L.1944, c....
- Section 17:29b-1 - Declaration Of Purpose
The purpose of this act is to regulate trade practices in the business of insurance in accordance with the intent of Congress as expressed...
- Section 17:29b-2 - Definitions
When used in this act: (a) "Person" shall mean any individual, corporation, association, partnership, reciprocal exchange, inter-insurer, Lloyds insurer, fraternal benefit society, and any...
- Section 17:29b-3 - Unfair Methods Of Competition Or Unfair Acts Or Practices Prohibited
No person shall engage in this State in any trade practice which is defined in this act as or determined pursuant to this act...
- Section 17:29b-4 - Unfair Methods Of Competition, Unfair, Deceptive Acts, Practices, Defined
4.The following are hereby defined as unfair methods of competition and unfair and deceptive acts or practices in the business of insurance: (1)Misrepresentations and...
- Section 17:29b-4.1 - Certain Homeowners' Insurance Inquiries Not Deemed As Claim; Violations, Penalties.
1. a. No inquiry by an insured for information regarding the insured's homeowners' insurance policy, or coverage for a particular loss under that policy,...
- Section 17:29b-5 - Power Of Commissioner
The commissioner shall have power to examine and investigate into the affairs of every person engaged in the business of insurance in this State...
- Section 17:29b-6 - Hearings, Witnesses, Appearances, Production Of Books And Service Of Process
(a) Whenever the commissioner shall have reason to believe that any such person has been engaged or is engaging in this State in any...
- Section 17:29b-7 - Cease And Desist Orders; Penalties; Modifications
(a) If, after such hearing, the commissioner shall determine that the method of competition or the act or practice in question is defined in...
- Section 17:29b-8 - Judicial Review Of Cease And Desist Orders
An order of the commissioner under section seven shall be subject to review by the Superior Court in a proceeding in lieu of prerogative...
- Section 17:29b-9 - Procedure As To Unfair Methods Of Competition And Unfair Or Deceptive Acts Or Practices Which Are Not Defined
(a) Whenever the commissioner shall have reason to believe that any person engaged in the business of insurance is engaging in this State in...
- Section 17:29b-10 - Intervenor; Action To Enjoin Violations
If the determination of the commissioner does not charge a violation of this act, then any intervenor in the proceedings before him may, within...
- Section 17:29b-11 - Penalty
Any person who violates a cease and desist order of the commissioner under section seven, after it has become final, and while such order...
- Section 17:29b-12 - Provisions Of Act Additional To Existing Laws
The powers vested in the commissioner by this act shall be additional to any other powers to enforce any penalties, fines or forfeitures authorized...
- Section 17:29b-13 - Immunity From Prosecution
If any person shall ask to be excused from testifying or from producing any books, papers, records, correspondence or other documents at any hearing...
- Section 17:29b-14 - Separability Provision
If any provision of this act, or the application of such provision to any person or circumstances, shall be held invalid, the remainder of...
- Section 17:29b-15 - Enforceability Of Insurance Release, Waiver Of Rights Under Certain Circumstances.
3. a. No insurance release or waiver of rights by a claimant to compensation for personal injury or wrongful death arising from an accident...
- Section 17:29b-16 - Definitions Relative To Victims Of Domestic Violence.
1.As used in this act: "Domestic violence" and "victim of domestic violence" shall have the same meaning as in section 3 of P.L.1991, c.261...
- Section 17:29b-17 - Prohibited Insurance Practices Relative To Victims Of Domestic Violence.
2.An insurer, on the basis that the insured or prospective insured: is or may be a victim of domestic violence; employs a person who...
- Section 17:29b-18 - Complaints, Penalties For Violations.
4. a. A person aggrieved by a violation of this act may file a complaint with the Commissioner of Banking and Insurance. Upon receipt...
- Section 17:29b-19 - Rules, Regulations.
5. The Commissioner of Banking and Insurance shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), necessary...
- Section 17:29c-1 - Policy Provision; Written Notice
In addition to the powers conferred upon him by any other law, the Commissioner of Banking and Insurance is hereby authorized and empowered to...
- Section 17:29c-1.1 - Definitions Relative To Senior Citizen Insureds.
1.For purposes of this act: "Commissioner" means the Commissioner of Banking and Insurance. "Insurer" means: a.Any corporation, association, partnership, reciprocal exchange, interinsurer, Lloyd's insurer,...
- Section 17:29c-1.2 - Senior Citizen Insured To Designate Third Party To Receive Copies Of Certain Notices.
2.Every insurer shall permit its senior citizen insureds to designate a third party to whom the insurer shall transmit a copy of notices of...
- Section 17:29c-2 - Direction That Specific Provisions Be Included; Exception
The commissioner may direct that any or all of the aforesaid provisions, which he is herein authorized and empowered to direct, be included in...
- Section 17:29c-2.1 - Dangerous Drivers
No insurer, including the New Jersey Automobile Full Insurance Underwriting Association, shall be required to issue or renew collision or comprehensive insurance coverage, or...
- Section 17:29c-3 - Revocation Of Direction; Duration Of Direction
The commissioner may revoke the direction of any or all of the aforesaid provisions at any time when, in his discretion, the need for...
- Section 17:29c-4 - Reports From Insurers; Rules And Regulations
The commissioner may require such reports from insurers and may make any reasonable rules and regulations to carry out the purposes of this act...
- Section 17:29c-4.1 - Return Of Unearned Premiums; Penalty
1.Whenever an insurance policy or contract is canceled, the insurer on notice thereof shall return to the insured, within a reasonable time not to...
- Section 17:29c-5 - County Or Municipal Liability Insurance; Moratorium On Cancellation
Notwithstanding the provisions of any other law, no insurance policy which has been issued to a county or municipality covering liability for damages to...
- Section 17:29c-6 - Definitions
As used in this act: (A) "Policy" means an automobile liability, automobile physical damage or automobile collision policy, or any combination thereof, delivered or...
- Section 17:29c-7 - Notice Of Cancellation; Reasons.
2. (A) A notice of cancellation of a policy shall be effective only if it is based on one or more of the following...
- Section 17:29c-7.1 - Refusal To Renew, Conditions
26. a. Notwithstanding the provisions of section 3 of P.L.1972, c.70 (C.39:6A-3), a licensed insurer may, in accordance with subsections b. and c. of...
- Section 17:29c-8 - Time For Notice
No notice of cancellation of a policy to which section 2 applies shall be effective unless mailed or delivered by the insurer to the...
- Section 17:29c-9 - Intention Not To Renew, Notice Required.
4.No insurer shall fail to renew a policy unless it shall mail or deliver to the named insured, at the address shown in the...
- Section 17:29c-10 - Written Notice Of Cancellation Or Intention Not To Renew; Effectiveness
No written notice of cancellation or of intention not to renew sent by an insurer to an insured in accordance with the provisions of...
- Section 17:29c-11 - Cancellation Or Nonrenewal Of Automobile Liability Insurance; Contents Of Notice
When a policy of automobile liability insurance is canceled, other than for nonpayment of premium, or in the event of failure to renew a...
- Section 17:29c-12 - Reason For Cancellation; Request
Where the reason for cancellation does not accompany or is not included in the notice of cancellation, the insurer shall upon written request of...
- Section 17:29c-13 - Immunity From Liability
There shall be no liability on the part of and no cause of action of any nature shall arise against the Commissioner of Insurance...
- Section 17:29d-1 - Rules, Regulations For Insurance Plans; Administration; Requirements For Automobile Plan.
1.The Commissioner of Banking and Insurance may adopt, issue and promulgate rules and regulations establishing a plan for the providing and apportionment of insurance...
- Section 17:29e-1 - Definitions Relative To The Insurance Claims Ombudsman.
47.For the purposes of sections 48 through 61 of this amendatory and supplementary act: "Commissioner" means the Commissioner of Banking and Insurance; "Claim" means...
- Section 17:29e-2 - Office Of The Insurance Claims Ombudsman.
48.There is created within the Department of Banking and Insurance the Office of the Insurance Claims Ombudsman. The ombudsman shall be appointed by the...
- Section 17:29e-3 - Duties Of Ombudsman.
49.The ombudsman shall: a.Administer and organize the work of the office and hire such persons as shall be deemed necessary to effectuate his duties,...
- Section 17:29e-4 - Application For Review Of Claims Settlement; Exemptions.
50.Any person who: a. has reasonable cause to believe that an insurer has failed or refuses to settle a claim in accordance with the...
- Section 17:29e-5 - Powers Of Ombudsman Involving Disputed Claim.
51.In any investigation involving a disputed claim, the ombudsman may: a.Investigate whether the claims settlement was appropriate and in accordance with the contract; b.Make...
- Section 17:29e-6 - Refusal Of Ombudsman To Investigate Complaint; Grounds.
52.The ombudsman need not investigate any complaint if he determines that: a.The complaint is trivial, frivolous, vexatious or not made in good faith; b.The...
- Section 17:29e-7 - Maintenance Of Central Registry Of Claims Investigations; Reports.
53.The ombudsman shall maintain a central registry of all claims investigations which have been disposed of and closed, the nature of the investigation, findings,...
- Section 17:29e-8 - Powers Relative To Trade, Marketing Practices.
54.With respect to trade or marketing practices, the ombudsman may: a.Conduct an investigation regarding an insurer's trade practices, including claims settlement practices and marketing...
- Section 17:29e-9 - Insurer To Establish Internal Appeals Procedure.
55.Every insurer writing property and casualty insurance or life insurance in this State shall establish an internal appeals procedure for the review of disputed...
- Section 17:29e-10 - Form For Filing Complaints; Recommendation Of Ombudsman.
56.Complaints shall be filed on a form set forth by the ombudsman. The office of the ombudsman shall acknowledge the receipt of complaints, and...
- Section 17:29e-11 - Publicizing Of Information Pertaining To Ombudsman.
57.Every buyer's guide which is required to be provided to insureds for any line of insurance shall contain a notice describing the functions of...
- Section 17:29e-12 - Confidentiality Of Information; Privilege.
58. a. Any correspondence or written communication from any complainant and any written material submitted by an insurer shall remain confidential and shall not...
- Section 17:29e-13 - Notification Of Disposition Of Claim; Admissibility.
59.Upon making his determination as to the appropriate disposition of a claim, the ombudsman shall notify the insurer and the claimant of his decision....
- Section 17:29e-14 - Violations, Penalties.
60.Any person who willfully hinders the lawful actions of the ombudsman or willfully refuses to comply with his lawful demands, including the demand for...
- Section 17:29e-15 - Annual Report To Governor, Legislature.
61.The ombudsman shall report to the Governor and the Legislature on or before September 30 of each year, summarizing his activities for the preceding...
- Section 17:30a-1 - Short Title
This act shall be known and may be cited as the "New Jersey Property-Liability Insurance Guaranty Association Act." L.1974, c. 17, s. 1, eff....
- Section 17:30a-2 - Payment Of Covered Claims.
2. a. The purpose of this act is to provide a mechanism for the payment of covered claims under certain insurance policies, to avoid...
- Section 17:30a-2.1 - Findings, Declarations Relative To Automobile Insurance And Consolidation Of Operations.
1.With respect to sections 2 through 34 of this act, the Legislature finds and declares that: a.The Unsatisfied Claim and Judgment Fund, created pursuant...
- Section 17:30a-2.2 - Findings, Declarations Relative To Transfer, Consolidation Of "The Workers' Compensation Security Fund."
7.The Legislature finds and declares that: a.It is in the public interest to authorize the transfer and consolidation of compatible operations of "the workers'...
- Section 17:30a-3 - Severability
If any provision of this act or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other...
- Section 17:30a-4 - Construction Of Act; Inconsistent Laws
a. This act shall be liberally construed to effect the purpose under section 2 which shall constitute an aid and guide to interpretation. b....
- Section 17:30a-5 - Definitions Relative To The Property-liability Insurance Guaranty Association.
5.As used in this act: "Affiliate" means a person who directly, or indirectly, through one or more intermediaries, controls, is controlled by, or is...
- Section 17:30a-6 - New Jersey Property-liability Insurance Guaranty Association.
6.There is created a private, nonprofit, unincorporated, legal entity to be known as the New Jersey Property-Liability Insurance Guaranty Association. All insurers defined as...
- Section 17:30a-6.1 - Transfer Of Functions, Powers, Duties To Pliga.
6. a. Notwithstanding the provisions of any other law to the contrary, all of the functions, powers and duties of the New Jersey Automobile...
- Section 17:30a-7 - Board Of Directors
a. The board of directors of the association shall consist of not less than five nor more than nine members serving terms as established...
- Section 17:30a-8 - Association's Obligations, Powers And Duties.
8. a. The association shall: (1)Be obligated to the extent of the covered claims against an insolvent insurer incurred prior to or 90 days...
- Section 17:30a-9 - Plan Of Operation.
9. a. (1) The association shall submit to the commissioner a plan of operation and any amendments thereto necessary or suitable to assure the...
- Section 17:30a-10 - Insolvent Insurers; Notices; Revocation Or Suspension Of Certificate Or Authority.
10. a. The commissioner shall: (1)Notify the association of the existence of an insolvent insurer not later than three days after he receives notice...
- Section 17:30a-11 - Subrogation; Cooperation Of Claimant; Settlement Of Claims; Filing Statements Of Claims Paid; Access To Records.
11. a. Any person recovering under this act shall be deemed to have assigned his rights under the policy to the association to the...
- Section 17:30a-12 - Recovery Of Covered Claims, Exhaustion Of Other Sources.
12. a. Any person having a covered claim which may be recovered from more than one insurance guaranty association or its equivalent shall be...
- Section 17:30a-13 - Examination Of Insurers Possibly In Financial Condition Hazardous To Public; Reports And Recommendations On Insolvency Of Insurers
a. The commissioner shall examine any member insurer who the commissioner has reasonable cause to believe may be insolvent or in a financial condition...
- Section 17:30a-14 - Examination And Regulation By Commissioner; Financial Report
The association shall be subject to examination and regulation by the commissioner. The board of directors shall submit, not later than March 31 of...
- Section 17:30a-15 - Exemption From Fees And Taxes
The association shall be exempt from payment of all fees and all taxes levied by this State or any of its subdivisions except taxes...
- Section 17:30a-16 - Surcharges.
16. a. The commissioner shall adopt rules permitting member insurers to recoup over a reasonable length of time, a sum reasonably calculated to recoup...
- Section 17:30a-17 - Immunity From Liability Of Persons Acting Under This Law
There shall be no liability on the part of and no cause of action of any nature shall arise against any member insurer, the...
- Section 17:30a-18 - Stay Of Actions Or Set Aside Of Judgments Against Insolvent Insurers, Certain.
18. All proceedings in which the insolvent insurer is a party or is obligated to defend a party in any court in this State...
- Section 17:30a-19 - Termination Of Association As To Kind Of Insurance With Statutory Or Voluntary Plan
a. The commissioner shall by order terminate the operation of the association as to any kind of insurance covered by this act with respect...
- Section 17:30a-20 - Prohibition Of Advertisement Using Association For Purpose Of Sales Or Solicitation
No person, including an insurer, agent, or affiliate of an insurer shall make, publish, disseminate, circulate, or place before the public, or cause, directly...
- Section 17:30b-1 - Short Title
This act shall be known as and may be cited as the Joint Underwriting Association Act. L.1974, c. 106, s. 1, eff. Sept. 19,
- Section 17:30b-2 - Purpose; Types Of Insurance, Annuities And Surety Bonds To Which Act Applicable
a. The purpose of this act is to avoid financial loss to and to reduce financial burdens on claimants and policyholders because of the...
- Section 17:30b-3 - Definitions
As used in this act: a. "Commissioner" means the Commissioner of Insurance of this State; b. "Guaranty Association" means the New Jersey Property-Liability Insurance...
- Section 17:30b-4 - Establishment; Membership; Immunity From Liability For Execution Of Powers And Duties
The commissioner shall have authority to establish, as he shall deem necessary, one or more associations to assume the unexpired policy obligations of insolvent...
- Section 17:30b-5 - Powers
An association shall, pursuant to the provisions of this act and the plan of operation, have the power: a. To assume the unexpired policy...
- Section 17:30b-6 - Board Of Directors; Treasurer; Bonds
a. The board of directors of an association shall consist of not less than five nor more than nine members serving terms as established...
- Section 17:30b-7 - Plan Of Operation; Submission By Directors; Certification Of Approval; Enactment By Commissioner; Amendments
a. The directors of the association shall submit to the commissioner, within such time as he sets forth by regulation, for his review and...
- Section 17:30b-8 - Joint Underwriting Association Fund; Assessment Of Members; Exemption From Fees And Taxes
a. There shall be created within each association a fund to be known as the Joint Underwriting Association Fund for the purpose of providing...
- Section 17:30b-9 - Custodian; Disbursements
The treasurer of each association shall be the custodian of the Joint Underwriting Association Fund. All disbursements from said fund shall be made by...
- Section 17:30b-10 - Surcharge On Policies; Credit To Joint Underwriting Association Fund Of Recovered Moneys
a. A surcharge on insurance policies of the kind which are being assumed by the associations created hereunder shall be levied in amounts sufficient...
- Section 17:30b-11 - Statement; Filing
An association shall file at such time as directed by the commissioner a statement which shall contain such information and be in such form...
- Section 17:30b-12 - Examination By Commissioner; Hearings
The commissioner may make an examination into the affairs of an association or any of its members whenever he deems it necessary. In undertaking...
- Section 17:30b-13 - Annual Reports Of Commissioner
In addition to the annual reports of the commissioner required by R.S. 17:1-9, the commissioner shall submit to the Legislature an annual report embracing...
- Section 17:30b-14 - Powers Of Commissioner
The commissioner may: a. Promulgate reasonable rules and regulations to carry out the purposes of this act; b. Suspend or revoke, after notice and...
- Section 17:30b-15 - Severability
If any provision of this act or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other...
- Section 17:30b-16 - Construction; Supersedure Of Inconsistent Laws
a. This act shall be liberally construed to effectuate the purposes set forth in section 2 a. b. All laws and parts of laws...
- Section 17:30c-1 - Definitions
a. "Impairment or insolvency" means the capital of a stock insurer or the surplus of a mutual insurer, shall be deemed to be impaired...
- Section 17:30c-2 - Jurisdiction Of Delinquency Proceedings
The Superior Court shall have original jurisdiction of delinquency proceedings under this act. L.1975, c. 113, s. 2, eff. June 3, 1975.
- Section 17:30c-3 - Exclusive Remedy--appeal
Delinquency proceedings pursuant to this act shall constitute the sole and exclusive method of liquidating, rehabilitating, reorganizing or conserving an insurer, and no court...
- Section 17:30c-4 - Commencement Of Delinquency Proceeding
a. The commissioner shall commence any such proceeding by an application to the court or to any judge thereof, for an order directing the...
- Section 17:30c-5 - Injunctions
a. Upon application by the commissioner for such an order to show cause, or at any time thereafter, the court may, without notice, issue...
- Section 17:30c-6 - Grounds For Rehabilitation--domestic Insurers
The commissioner may apply to the court for an order directing him to rehabilitate a domestic insurer upon one or more of the following...
- Section 17:30c-7 - Nature Of Rehabilitation Order--termination Of Rehabilitation--domestic Insurers
a. An order to rehabilitate a domestic insurer shall direct the commissioner forthwith to take possession of the property of the insurer and to...
- Section 17:30c-8 - Grounds For Liquidation
The commissioner may apply to the court for an order directing him to liquidate the business of a domestic insurer or of the United...
- Section 17:30c-9 - Order Of Liquidation--domestic Insurers
a. An order to liquidate the business of a domestic insurer shall direct the commissioner forthwith to take possession of the property of the...
- Section 17:30c-10 - Order Of Liquidation--alien Insurers
An order to liquidate the business of a United States branch of an alien insurer having trusteed assets in this State shall be in...
- Section 17:30c-11 - Grounds For Conservation--foreign Insurers
The commissioner may apply for an order directing him to conserve the assets within this State of a foreign insurer upon any one or...
- Section 17:30c-12 - Grounds For Conservation--alien Insurers
The commissioner may apply for an order directing him to conserve the assets within this State of an alien insurer upon any one or...
- Section 17:30c-13 - Conservation Or Ancillary Receivership--foreign Insurers
a. An order to conserve the assets of a foreign insurer shall direct the commissioner forthwith to take possession of the property of the...
- Section 17:30c-14 - Conservation Or Ancillary Receivership--alien Insurers
An order to conserve the assets of an alien insurer shall direct the commissioner forthwith to take possession of the property of the insurer...
- Section 17:30c-15 - Conduct Of Delinquency Proceedings--domestic Insurers
a. Whenever under the laws of this State a receiver is to be appointed in delinquency proceedings for a domestic insurer, the court shall...
- Section 17:30c-16 - Conduct Of Delinquency Proceedings--foreign And Alien Insurers
a. Whenever under this act an ancillary receiver is to be appointed in delinquency proceedings for an insurer not domiciled in this State, the...
- Section 17:30c-17 - Deputies And Assistants
In connection with delinquency proceedings, the commissioner may appoint one or more special deputy commissioners to act for him, and may employ such counsel,...
- Section 17:30c-18 - Claims Of Nonresidents Against Domestic Insurers
a. In a delinquency proceeding begun in this State against a domestic insurer, claimants residing in reciprocal states may file claims either with the...
- Section 17:30c-19 - Claims Against Foreign Insurers
a. In a delinquency proceeding in a reciprocal state against an insurer domiciled in that state, claimants against such insurer who reside within this...
- Section 17:30c-20 - Form Of Claim--notice--hearing
a. All claims against an insurer against which delinquency proceedings have been begun shall set forth in reasonable detail the amount of the claim,...
- Section 17:30c-21 - Priority Of Certain Claims
a. In a delinquency proceeding against an insurer domiciled in this State, claims owing to residents of ancillary states shall be preferred claims if...
- Section 17:30c-22 - Attachment And Garnishment Of Assets
During the pendency of delinquency proceedings in this or any reciprocal state, no action or proceeding in the nature of an attachment, garnishment or...
- Section 17:30c-23 - Uniform Insurers Liquidation Act
a. Subsections b. through k. of section 1, subsections a. and c. of section 4, together with sections 5 and 15 through 23 constitute...
- Section 17:30c-24 - Borrowing On Pledge Of Assets
For the purpose of facilitating the rehabilitation, liquidations, conservation or dissolution of an insurer pursuant to this act, the commissioner may, subject to the...
- Section 17:30c-25 - Voidable Transfers
a. Any transfer of, or lien upon, the property of an insurer which is made or created within 4 months prior to the granting...
- Section 17:30c-26 - Priority Of Claims For Compensation
a. Compensation actually owing to employees other than officers of an insurer, for services rendered within 3 months prior to the commencement of a...
- Section 17:30c-27 - Offsets
a. In all cases of mutual debts or mutual credits between the insurer and another person in connection with any action or proceeding under...
- Section 17:30c-28 - Allowance Of Certain Claims
a. No contingent claim shall share in a distribution of the assets of an insurer which has been adjudicated to be insolvent by an...
- Section 17:30c-29 - Allowance Of Secured Claims
No claim of any secured claimant shall be allowed at a sum greater than the difference between the value of the claim without security...
- Section 17:30c-30 - Time To File The Claims
a. If upon the granting of an order of liquidation under this act, or at any time thereafter during the liquidation proceeding, the insurer...
- Section 17:30c-31 - Proposal For Disbursement Of Assets Of Insolvent Companies; Application For Approval; Notice Of Application
a. Within 120 days of a final determination of insolvency of a company by a court of competent jurisdiction of this State, the commissioner...
- Section 17:30d-1 - Short Title
This act shall be known and may be cited as the "Medical Malpractice Liability Insurance Act." L.1975, c. 301, s. 1, eff. Jan. 30,
- Section 17:30d-2 - Purpose; Application To Medical Malpractice Liability Insurance
a. The purpose of this act is to assure that medical malpractice liability insurance is readily available to licensed medical practitioners and health care...
- Section 17:30d-3 - Definitions.
3.As used in this act: a."Association" means the New Jersey Medical Malpractice Reinsurance Association established pursuant to the provisions of this act. b."Commissioner" means...
- Section 17:30d-4 - Medical Malpractice Reinsurance Association; Creation; Members; Funds And Reserves; Accounts
There is hereby created an unincorporated, nonprofit association to be known as the New Jersey Medical Malpractice Reinsurance Association constituting a legal entity separate...
- Section 17:30d-5 - Powers And Duties Of Association
The association shall, pursuant to the provisions of this act and the plan of operation, have the power: a. To assume or cede 100%...
- Section 17:30d-6 - Temporary Board Of Directors; Powers And Responsibilities
Within 30 days after the effective date of this act, the commissioner shall call an organization meeting of the association for the purpose of...
- Section 17:30d-7 - Plan Of Operation; Review And Approval; Certification; Amendment.
7. a. Within such a time as shall be prescribed by the commissioner in written notice to the board, the directors shall submit to...
- Section 17:30d-8 - Insureds Without Availability Of Insurance; Activation Of Association; Designation Of Provider Or Direct Basis Insurance; Acceptance Of Risks; Noninterference With Agents
On and after the date that reinsurance is available from the association: a. The commissioner after a hearing and on the basis of the...
- Section 17:30d-9 - Medical Malpractice Reinsurance Recovery Fund; Creation; Purpose; Contents; Administration
There is hereby created a fund to be known as the New Jersey Medical Malpractice Reinsurance Recovery Fund (hereinafter referred to as the recovery...
- Section 17:30d-10 - Additional Premium Charges On Policies Of Medical Malpractice Liability Insurance
For the purpose of providing moneys necessary to establish the recovery fund in an amount sufficient to meet the requirements of this act, the...
- Section 17:30d-11 - Recovery Fund; Custodian; Disbursements; Investment
The fund created by this act shall be separate and apart from any other fund and from all other State moneys. The State Treasurer...
- Section 17:30d-12 - Rules And Regulations; Suspension Or Revocation Of Certificate Of Authority Of Insurer For Noncompliance
The commissioner may promulgate reasonable rules and regulations to carry out the purposes of this act, and may suspend or revoke, after reasonable notice...
- Section 17:30d-13 - Emergency Powers Of Commissioner Upon Activation Of Association; Duration
Upon finding that immediate activation of the association for any category or subcategory of insureds is required because medical malpractice liability insurance is or...
- Section 17:30d-14 - Severability
If any provisions of this act or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other...
- Section 17:30d-15 - Liberal Construction
This act shall be liberally construed to effectuate its purposes, and all laws or parts of laws of this State inconsistent with this act...
- Section 17:30d-17 - Insurer To Notify Medical Practitioner Review Panel Of Malpractice Settlement, Judgment, Award.
2. a. Any insurer or insurance association authorized to issue medical malpractice liability insurance in the State shall notify the Medical Practitioner Review Panel...
- Section 17:30d-18 - Conflicts Of Interest; Violations; Penalties.
13. a. On or after the effective date of P.L.2004, c.17 (C.2A:53A-37 et al.) and except as provided in subsection d. of this section,...
- Section 17:30d-19 - "Medical Malpractice Liability Insurance Purchasing Alliance;" Definitions.
14. Physicians may join together, by means of a joint contract under the procedures established by this section, to form a "Medical Malpractice Liability...
- Section 17:30d-20 - Provisions Concerning Settlements Of Medical Malpractice Liability Insurance Policy.
15. a. A medical malpractice liability insurance policy, which is made, issued or delivered pursuant to Subtitle 3 of Title 17 of the Revised...
- Section 17:30d-21 - Offering Of Deductibles In Medical Malpractice Liability Insurance Policy.
16. a. Every insurer authorized to transact medical malpractice liability insurance in this State shall offer medical malpractice liability insurance policies with a deductible,...
- Section 17:30d-22 - Increase Of Premium Prohibited, Certain Circumstances.
17. Notwithstanding any other law or regulation to the contrary, an insurer authorized to transact medical malpractice liability insurance in this State shall not...
- Section 17:30d-23 - Certification As To Adequacy Of Rates.
18. Each annual statement made after the effective date of P.L.2004, c.17 (C.2A:53A-37 et al.), pursuant to the provisions of section 16 of P.L.1982,...
- Section 17:30d-24 - Mailing Of Notice Of Renewal, Nonrenewal.
19. Notwithstanding the provisions of section 1 of P.L.1968, c.131 (C.17:29C-1) to the contrary, each notice of renewal or nonrenewal by an insurer authorized...
- Section 17:30d-25 - Annual Review Of Capitalization, Reserve Requirements.
21. Subject to standards adopted by the National Association of Insurance Commissioners, the Commissioner of Banking and Insurance shall, within 180 days after the...
- Section 17:30d-26 - Option Of Installments For Premium Payments.
22. Every insurer authorized to transact medical malpractice liability insurance in this State shall offer its insureds the option to make premium payments in...
- Section 17:30d-27 - Definitions Relative To Medical Malpractice Judgments; Payment.
24. a. As used in this section: "Annuity" means an annuity issued by an insurer licensed or authorized to do business in this State...
- Section 17:30d-28 - Definitions Relative To Medical Liability Insurance Premium Assistance Fund.
26. For the purposes of sections 27 and 28 of P.L.2004, c.17 (C.17:30D-29 and 17:30D-30): "Commissioner" means the Commissioner of Banking and Insurance. "Fund"...
- Section 17:30d-29 - Medical Malpractice Liability Insurance Premium Assistance Fund.
27. a. There is established a Medical Malpractice Liability Insurance Premium Assistance Fund within the Department of the Treasury as a nonlapsing, revolving fund....
- Section 17:30d-30 - Responsibilities Of Commissioner.
28. a. In order to carry out the purposes of section 27 of P.L.2004, c.17 (C.17:30D-29), the commissioner shall, at a minimum: (1)establish a...
- Section 17:30d-31 - Rules, Regulations.
32. The Commissioner of Banking and Insurance shall adopt rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to...
- Section 17:30e-1 - Short Title
Sections 13 to 34 of this act shall be known and may be cited as the "New Jersey Automobile Full Insurance Availability Act." L.1983,...
- Section 17:30e-2 - Purpose
The purpose of this act is to assure to the New Jersey insurance consumer full access to automobile insurance through normal market outlets, to...
- Section 17:30e-3 - Definitions
As used in sections 13 to 34 of this act: a. "Association" means the New Jersey Automobile Full Insurance Underwriting Association. b. "Automobile" means...
- Section 17:30e-4 - New Jersey Automobile Full Insurance Underwriting Association; Cessation Of Business In State By Insurer
There is created in the State of New Jersey an unincorporated, nonprofit association to be known as the New Jersey Automobile Full Insurance Underwriting...
- Section 17:30e-5 - Reconstituted Board Of Directors; Advisory Boards
a. Within 45 days after the effective date of this 1988 amendatory and supplementary act, there shall be appointed a reconstituted board of directors,...
- Section 17:30e-6 - Proposed Plan Of Operation
a. Within 90 days after the organizational meeting, unless after the sixtieth day, but not later than the seventieth day, following the organizational meeting,...
- Section 17:30e-6.1 - Association Data Bank
a. The board shall, within 60 days following the effective date of this 1988 amendatory and supplementary act, contract for the establishment of an...
- Section 17:30e-6.2 - Task Force
a. The board of the association shall amend its plan of operation to establish a Task Force to conduct field file audits of servicing...
- Section 17:30e-7 - Powers And Duties
Pursuant to the plan of operation, the association shall have the power and duty to: a. Enter into contracts as are necessary or proper...
- Section 17:30e-8 - Sources Of Income
a. The association shall derive income from the following sources for the payment of expenses, losses, and the provision of adequate, actuarially sound reserves...
- Section 17:30e-8.1 - Insufficient Resources
a. Beginning January 1, 1989 and annually thereafter, the commissioner shall determine whether the income of the association as provided for in paragraphs (1),...
- Section 17:30e-9 - Qualified Applicants
a. Any qualified applicant shall be entitled to apply to the association for insurance coverage available pursuant to section 27 of this act. Subject...
- Section 17:30e-10 - Assignment Of Association Business
a. Association business shall be serviced by producers selected by the board, in accordance with selection procedures and eligibility standards established by the plan...
- Section 17:30e-11 - Schedule Of Commissions
a. The producer shall receive commissions on association business which shall be designed to provide reasonable compensation for services performed by producers. b. The...
- Section 17:30e-12 - Servicing Carrier
a. Pursuant to the procedures and standards established in the plan of operation, the board shall solicit, by advertisement in at least two newspapers...
- Section 17:30e-13 - Territorial Base Rates
Notwithstanding the provisions of section 7 of P.L. 1983, c. 65 (C. 17:29A-36), the rates used by the association shall be as follows: a....
- Section 17:30e-13.1 - Collision, Comprehensive Coverage Rates
Notwithstanding any other provision of law to the contrary, within 60 days of the effective date of this section, the board of directors of...
- Section 17:30e-14 - Procedures For Voluntary Coverage
26. a. Within 45 days of the effective date of P.L.1988, c.119 (C.17:28-1.4 et al.), the commissioner shall, in the plan of operation, establish...
- Section 17:30e-15 - Mandatory Coverage Limits
A qualified applicant who is eligible for coverage through the association shall be offered and entitled to coverage up to at least the following...
- Section 17:30e-16 - Hearing
a. A member insurer or producer aggrieved by a ruling of the association or by its alleged violation of or failure to comply with...
- Section 17:30e-17 - Suspension, Revocation; Penalties
a. The commissioner may suspend or revoke, after notice and a hearing, the certificate of authority of any member insurer or the license of...
- Section 17:30e-17.1 - Violation By Servicing Carrier
If any servicing carrier is determined to have knowingly violated the plan of operation, or any rule of practice or guideline which has been...
- Section 17:30e-18 - Annual Report
One year after the operative date of this act and annually thereafter the commissioner shall make a comprehensive report to the Governor and the...
- Section 17:30e-18.1 - Examination
The commissioner may, whenever he deems it necessary, make or cause to be made an examination of the finances, operations, methods of conducting business,...
- Section 17:30e-19 - Copy Of Plan Of Operation Sent To Senate And General Assembly
For the purposes of monitoring and evaluating the effectiveness of the implementation of this act, the commissioner shall forward a copy of the plan...
- Section 17:30e-20 - Regulations
In addition to the general powers conferred upon the commissioner by law and this act, the commissioner shall have the authority to promulgate such...
- Section 17:30e-21 - Recommendations Regarding Insurance Coverage To Commercial Vehicles
Twelve months after the operative date of this act the board shall submit to the commissioner recommendations with respect to the provision of insurance...
- Section 17:30e-22 - Payment Of Taxes
Taxes required to be paid pursuant to P.L.1945, c.132 (C.54:18A-1 et seq.) on premiums earned by the association on or after the effective date...
- Section 17:30e-24 - Severability
The provisions of this act shall be severable, and if any of its provisions shall be held to be unconstitutional, the decision of the...
- Section 17:31-1 - Surety Company As Bondsman; Premiums On Official Bonds
Any bond, undertaking, recognizance, guaranty or other obligation required or permitted to guarantee the performance of any act, duty or obligation, or the refraining...
- Section 17:31-2 - Agreement For Deposit Of Property By Fiduciaries
A receiver, assignee, guardian, trustee, committee, executor, administrator, curator, or other fiduciary or party of whom a bond, undertaking or other obligation is required,...
- Section 17:31-3 - Qualifications For Action As Surety Or Guarantor
The company, to be qualified to so act as surety or guarantor, shall comply with all the requirements of chapters 17 to 33 of...
- Section 17:31-4 - Bond As Lien On Real Estate
No bond, undertaking, recognizance or other obligation heretofore or hereafter given or entered into by any company organized under the laws of this or...
- Section 17:31-5 - Insurance Commissioner's Certificate Of Authority As Evidence
The certificate of authority issued by the commissioner, pursuant to chapters 17 to 33 of this title (s. 17:17-1 et seq.), to a surety...
- Section 17:31-6 - Sureties For Auto Club Bail Bonds
Any domestic or foreign surety company which has qualified to transact surety business in this State may, in any year, become surety in an...
- Section 17:31-7 - Filing With Insurance Commissioner
Any such undertaking shall be in a form to be prescribed by the Commissioner of Insurance, and subject to such regulations as he shall...
- Section 17:31-8 - $500 Maximum
Any guaranteed arrest bond certificate with respect to which a surety company has become surety, as herein provided, shall, when posted by the person...
- Section 17:31-9 - Surety Discrimination Ban
No surety authorized to do business in this State shall discriminate against minority or women's businesses with respect to the providing of coverage, and...
- Section 17:31-10 - Definitions Relative To Issuance Of Bail Bonds By Surety Companies.
1. As used in this act: "Bail agent or agency" means any person or entity that solicits, negotiates or sells bail bonds, or is...
- Section 17:31-11 - Temporary Suspension, Fines, Restoration.
2. a. Upon receipt of a certification from the Clerk of the Superior Court stating that a bail agent or agency has failed to...
- Section 17:31-12 - Deposit Of Amount Of Order Or Judgment On Appeal.
3.Whenever a surety company, or bail agent or agency acting on its behalf, files an appeal in the Superior Court of New Jersey, Appellate...
- Section 17:31-13 - Registration By Surety Company Of Bail Agent, Agency.
4. a. A surety company shall register with the Clerk of the Superior Court the name and address of each bail agent or agency...
- Section 17:31-14 - Construction Of Act Relative To Authority Of The Courts.
5.Nothing in this act shall be construed to limit, prohibit or otherwise adversely affect the authority of the Supreme Court of New Jersey to...
- Section 17:31-15 - Rules, Regulations.
6.The commissioner may promulgate rules and regulations in accordance with the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), necessary to...
- Section 17:32-2.1 - Waiving Requirements For Certain Foreign Insurers
1. Notwithstanding the provisions of any law, rule or regulation to the contrary, the Commissioner of Insurance may waive any requirement that a foreign...
- Section 17:32-1 - Transaction Of Business By Foreign Companies
Any insurance company formed by authority of another State or foreign government may be admitted to transact in this State any class or classes...
- Section 17:32-2 - Prerequisites To Admission
No such company shall be admitted until it: a. Files in the department a certified copy of its charter, deed settlement or certificate of...
- Section 17:32-3 - Deposit Company Of Foreign Country
If the company is organized under the laws of a foreign country it shall not be admitted until, in addition to complying with the...
- Section 17:32-4 - Evidence Of Authority Of Foreign Company
When an insurance company of another State or foreign country complies with the laws of this State and has issued to it the certific...
- Section 17:32-5 - Deposits By Foreign Surety Companies; Return
An insurance company of another state or foreign country transacting the business of insuring against loss or damage on account of neglect, or breaches...
- Section 17:32-8 - Trustees Of Company Of Foreign Country
Any admitted company of a foreign country may appoint trustees who are citizens of the United States and approved by the commissioner, to hold...
- Section 17:32-9 - Power To Hold Real Estate
Any insurance company of another state or foreign country transact business in this state may purchase, hold and convey real estate situa herein, for...
- Section 17:32-10 - Compliance With Subtitle Necessary To Recovery In Court
No insurance company not incorporated under the laws of this state doing business on the mutual plan, shall recover in an action in any...
- Section 17:32-13 - Surrender Of Certificate Of Authority; Return Of Securities
An insurance company of another state or foreign country authorize to transact the business of insuring against loss or damage on account neglect or...
- Section 17:32-14 - Revocation Of Authority To Do Business
The authority of an insurance company of another state or foreign country may be revoked, after notice and hearing, if it fails to comply...
- Section 17:32-15 - Retaliatory Taxation Of Foreign Insurers
When by the laws of any other state or foreign country any premium income or other taxes, or any fees, fines, penalties, licenses, deposit...
- Section 17:32-16 - Remedial Legislation; Liberal Construction
This act is deemed and declared to be remedial legislation for the protection of the health and welfare of persons resident in this State...
- Section 17:32-17 - Definitions
The following terms whenever used or referred to in this act shall have the following respective meanings, except in those instances where the context...
- Section 17:32-18 - Conditions For Authority To Transact Business
No insurer organized or existing under the law of another State, or of a foreign country, or any employee, agent or other representative thereof...
- Section 17:32-19 - Transacting Business Of Insurance; Acts Constituting
Without limiting the generality of the foregoing, an insurer which performs, causes or suffers to be performed within this State any of the following...
- Section 17:32-20 - Violations; Institution Of Relief; Process
Whenever it shall appear to the commissioner that any insurer, or any employee, agent, promotional medium, or other representative thereof, has violated, is violating,...
- Section 17:32-21 - Nonapplicability Of Act.
6.The provisions of this act shall not be construed to apply to: (a)The investigation, settlement or litigation of claims under any policy of insurance...
- Section 17:32-22 - Partial Invalidity
If any section, subsection, paragraph, sentence or other part of this act is adjudged unconstitutional or invalid, such judgment shall not affect, impair or...
- Section 17:33-1 - Fees
On filing any certificate, executed by an insurance company of this State, in the department, there shall be paid to the commissioner, for the...
- Section 17:33-2 - Penalty For Violation
Except as in this subtitle otherwise provided, the penalty for each violation of any chapter of this subtitle or any supplement thereto, other than...
- Section 17:33a-1 - Short Title
This act shall be known and may be cited as the "New Jersey Insurance Fraud Prevention Act." L.1983, c. 320, s. 1.
- Section 17:33a-2 - Purpose Of Act
The purpose of this act is to confront aggressively the problem of insurance fraud in New Jersey by facilitating the detection of insurance fraud,...
- Section 17:33a-3 - Definitions.
3.As used in this act: "Attorney General" means the Attorney General of New Jersey or his designated representatives. "Bureau" means the Bureau of Fraud...
- Section 17:33a-4 - Violations.
4. a. A person or a practitioner violates this act if he: (1)Presents or causes to be presented any written or oral statement as...
- Section 17:33a-5 - Remedies; Penalties; Fund Established
5. a. Whenever the commissioner determines that a person has violated any provision of P.L.1983, c.320 (C.17:33A-1 et seq.), the commissioner may either: (1)...
- Section 17:33a-5.1 - Surcharge For Insurance Fraud.
53. In addition to any other penalty, fine or charge imposed pursuant to law, a person who is found in any legal proceeding to...
- Section 17:33a-6 - Statement On Insurance Claim Forms
6. a. Insurance claim forms shall contain a statement in a form approved by the commissioner that clearly states in substance the following: "Any...
- Section 17:33a-7 - Actions By Insurance Companies Against Violators
7. a. Any insurance company damaged as the result of a violation of any provision of this act may sue therefor in any court...
- Section 17:33a-8 - Bureau Of Fraud Deterrence.
8. a. (1) There is established in the Department of Banking and Insurance the Bureau of Fraud Deterrence. The bureau shall assist the commissioner...
- Section 17:33a-9 - Alleged Violations; Civil Liability; Referrals; Records.
9. a. (1) Any person who believes that a violation of this act has been or is being made shall notify the bureau and...
- Section 17:33a-10 - Subpena Powers; Violations By Persons Licensed By State.
10. a. If the bureau has reason to believe that a person has engaged in, or is engaging in, an act or practice which...
- Section 17:33a-11 - Handling Of Documents, Records Of Investigations
11. Papers, documents, reports, or evidence relative to the subject of an investigation under this act shall not be subject to public inspection except...
- Section 17:33a-12 - Regulations
The commissioner may promulgate such regulations as he deems necessary for the effective implementation of this act. L.1983, c. 320, s. 12.
- Section 17:33a-13 - Annual Report On Activities And Cost Effectiveness
The commissioner shall report annually to the Senate Labor, Industry and Professions Committee and the Assembly Banking and Insurance Committee as to the activities...
- Section 17:33a-14 - Criminal Prosecution
The imposition of any fine or other remedy under this act shall not preclude prosecution for a violation of the criminal law of this...
- Section 17:33a-15 - Filing Of Plan For Prevention, Detection Of Fraudulent Health, Auto Insurance Claims
1. a. Every insurer writing health insurance or private passenger automobile insurance in this State shall file with the commissioner a plan for the...
- Section 17:33a-16 - Office Of The Insurance Fraud Prosecutor.
32.There is established in the Division of Criminal Justice in the Department of Law and Public Safety the Office of the Insurance Fraud Prosecutor....
- Section 17:33a-17 - Appointment; Transfer Of Personnel.
33.The Attorney General may appoint such personnel, including attorneys and clerical personnel, as necessary to carry out the duties of the office. The personnel...
- Section 17:33a-18 - Establishment Of Liaison Between Office, Other Departments; Responsibilities.
34. a. A section of the Office of Insurance Fraud Prosecutor shall be designated to be responsible for establishing a liaison and continuing communication...
- Section 17:33a-19 - Duties Of Insurance Fraud Prosecutor.
35.The Insurance Fraud Prosecutor shall investigate and, if warranted, prosecute, cases referred to it by insurers, State agencies, or county and municipal governments. The...
- Section 17:33a-19.1 - Additional Investigatory And Prosecutorial Authority, Referral For Criminal Prosecution.
2.In addition to the investigatory and prosecutorial authority granted pursuant to section 35 of P.L.1998, c.21 (C.17:33A-19), the Insurance Fraud Prosecutor may investigate, and...
- Section 17:33a-20 - Establishment Of Statewide Fraud Enforcement Policy.
36.The Attorney General shall, in consultation with county prosecutors, establish a Statewide fraud enforcement policy for all State and local agencies, including guidelines for...
- Section 17:33a-21 - Standards Of Performance For Fraud Investigatory Section.
37.Standards of performance shall be established for the Fraud Investigatory Section, which shall include, but not be limited to, recording the cases referred by...
- Section 17:33a-22 - Maintenance Of Data Base; Reporting Of Claims Information.
38. a. The Insurance Fraud Prosecutor shall maintain a data base which includes referrals, reports of fraud investigations, prosecution, or litigation, and the results...
- Section 17:33a-23 - Access To Information Provided To Insurance Fraud Prosecutor.
39.The Insurance Fraud Prosecutor shall have access to all necessary information in the possession of the State or local public entities, including agency inspection...
- Section 17:33a-24 - Additional Duties Of Office; Annual Report.
40.The Attorney General shall direct the Office of the Insurance Fraud Prosecutor to: a.Confer from time to time with departments or other units of...
- Section 17:33a-25 - Recommendation For Suspension, Revocation Of Professional License.
41.In the case of a professional licensed or certified by a professional licensing board in the Division of Consumer Affairs in the Department of...
- Section 17:33a-26 - Restitution; Seizure Of Assets.
42.The Insurance Fraud Prosecutor shall consider the restitution of moneys to insurers and others who are defrauded as a major priority, in order that...
- Section 17:33a-27 - Specific Goals, Strategies.
43.The Insurance Fraud Prosecutor shall have access to all information concerning insurance fraud enforcement activities in the possession of all State departments and agencies....
- Section 17:33a-28 - Application For Reimbursement.
44.Any county prosecutor may apply to the Office of the Insurance Fraud Prosecutor for reimbursement for activities undertaken in connection with investigating and prosecuting...
- Section 17:33a-29 - Provision Of Information From Accident Report.
45.Every state and local law enforcement agency, including the New Jersey State Police, shall make available to investigators employed by insurers, upon presentation of...
- Section 17:33a-30 - Certification Of Amount Allocable To Office Expenses.
46.The Attorney General shall annually, on or before October 1, certify to the Commissioner of Banking and Insurance an amount allocable to the expenses...
- Section 17:33a-31 - To 17:33a-34 Relocated To 2c:21-4.4 To 2c:21-4.7
- Section 17:33b-1 - Short Title
This act shall be known and may be cited as the "Fair Automobile Insurance Reform Act of 1990." L.1990,c.8,s.1.
- Section 17:33b-2 - Findings, Declarations
The Legislature finds and declares that: a. For almost two decades the system of motor vehicle insurance in this State has been the subject...
- Section 17:33b-3 - Appointment Of Trustee; Plan Of Operation; Powers Of Trustee; Annual Report
a. The Legislature finds that the New Jersey Automobile Full Insurance Underwriting Association, created pursuant to section 16 of P.L.1983, c.65 (C.17:30E-4), is currently...
- Section 17:33b-4 - Liability Under Deferred Payment Plan
Notwithstanding any provision of law to the contrary, no insured or other person covered under an association policy shall be held liable for payment...
- Section 17:33b-6 - Residual Market Equalization Charges, Or Flat Charges, No Longer Imposed After April 1, 1991
Notwithstanding any of the provisions of sections 13 to 34 of P.L.1983, c.65 (C.17:30E-1 et seq.), section 1 of P.L.1984, c.1 (C.17:29A-37.1) or any...
- Section 17:33b-7 - Payment Of Premiums On Installment Basis
Any plan for the payment of premiums payable to the New Jersey Automobile Full Insurance Underwriting Association on an installment basis for policies issued...
- Section 17:33b-8 - Written Notice Needed For Cancellation Due To Nonpayment Of Premium
a. No New Jersey Automobile Full Insurance Underwriting Association policy may be cancelled for nonpayment of premium unless written notice is provided at least...
- Section 17:33b-9 - List Of Licensed Insurance Brokers; Producer Assignment Program
a. The Commissioner of Insurance shall, on or before October 1, 1990, compile a list of insurance brokers licensed pursuant to the "New Jersey...
- Section 17:33b-10 - Payment Of Costs To State
Any costs, including attorneys' fees, incurred by the State in maintaining any action against servicing carriers of the New Jersey Automobile Full Insurance Underwriting...
- Section 17:33b-11 - Market Transition Facility
88. a. There is created a Market Transition Facility to be operated by the Commissioner of Insurance pursuant to the provisions of this section....
- Section 17:33b-11.1 - Payment Of Claim Attributable To Damages Subject To Deferred Payment Plan
18. Notwithstanding any provision of law to the contrary, no insured or other claimant under a Market Transition Facility policy shall be held personally...
- Section 17:33b-12 - Charges Under Depopulation Plan
Notwithstanding any provision of law to the contrary, an insurer may charge premiums at the rate level applicable to eligible persons insured by the...
- Section 17:33b-13 - Definitions.
25. As used in sections 25 through 33 of this 1990 amendatory and supplementary act: "Automobile" means an automobile as defined in section 2...
- Section 17:33b-14 - Schedule Of Automobile Insurance Eligibility Points.
26. The commissioner shall, within 90 days of the effective date of this act, promulgate a schedule of automobile insurance eligibility points by rule...
- Section 17:33b-14.1 - Speeding Violations, Certain; Surcharge Unaffected
1. a. In calculating a surcharge or other differential in rates based on motor vehicle penalty points promulgated by the Director of the Division...
- Section 17:33b-15 - Provision Of Automobile Insurance Coverage By Insurers.
27. a. On or after April 1, 1992, every insurer, either by one or more separate rating plans filed in accordance with the provisions...
- Section 17:33b-16 - Declination; Reasons For
An insurer or agent, upon making a declination of automobile insurance, shall inform the applicant of each specific reason for the declination and shall...
- Section 17:33b-17 - Procedures For Resolving Complaints
a. The commissioner shall establish procedures for resolving complaints of persons who believe that they have been improperly denied automobile insurance, including procedures for...
- Section 17:33b-18 - Conditions Of Licensure.
30. a. A licensed insurance agent shall, as a condition of licensure: (1)(Deleted by amendment, P.L.2007, c.240). (2)Not attempt to channel an eligible person...
- Section 17:33b-19 - Suspension Of Obligation To Issue Policies Due To Unsafe, Unsound Financial Condition
a. The commissioner shall suspend, after hearing, an insurer's obligation to issue policies in compliance with the provisions of section 27 of this act...
- Section 17:33b-20 - Suspension Of Obligation Because Of Danger Of Future Unsafe, Unsound Financial Condition
The commissioner may suspend an insurer's obligation to issue policies pursuant to section 27 of this act if the commissioner, in his discretion, determines...
- Section 17:33b-21 - Penalties For Violation
If the commissioner determines that any person has violated any provision of sections 26 through 30 of this 1990 amendatory and supplementary act, he...
- Section 17:33b-22 - Automobile Coverage If Not Qualified As "Eligible Person"
Those persons who do not qualify as "eligible persons" as defined in section 25 of this 1990 amendatory and supplementary act but who are...
- Section 17:33b-23 - Suspension Of Obligation To Issue Policies For Insurer In Unsafe Or Unsound Financial Condition
a. The commissioner shall suspend, after hearing, an insurer's obligation to provide insurance for automobiles in compliance with the provisions of section 1 of...
- Section 17:33b-24 - Suspension Of Obligation To Provide Coverage If Insurer's Financial Condition Will Become Unsafe Or Unsound
The commissioner may suspend an insurer's obligation to provide insurance for automobiles in compliance with the provisions of section 1 of P.L.1970, c.215 (C.17:29D-1)...
- Section 17:33b-25 - Refusal To Issue Or Renew Prohibited
Notwithstanding the provisions of section 27 of this 1990 amendatory and supplementary act, section 2 of P.L.1968, c.158 (C.17:29C-7), section 26 of P.L.1988, c.119...
- Section 17:33b-26 - Refusal By Insurer Of Coverage
Nothing contained in paragraph e. of the definition of an eligible person as set forth in section 25 of this 1990 amendatory and supplementary...
- Section 17:33b-27 - Suspension Of Obligation To Issue Policies For Insurer In Unsafe Or Unsound Financial Condition
a. The commissioner shall suspend, after hearing, an insurer's obligation to issue policies in compliance with the provisions of section 39 of this act...
- Section 17:33b-28 - Suspension Of Obligation To Issue Policies If Insurer's Financial Condition Will Become Unsafe Or Unsound
The commissioner may suspend an insurer's obligation to issue policies pursuant to section 39 of this 1990 amendatory and supplementary act if the commissioner,...
- Section 17:33b-29 - Temporary Certificate Of Authority
a. The Commissioner of Insurance may issue a temporary certificate of authority which authorizes an insurer to issue private passenger automobile insurance policies or...
- Section 17:33b-30 - Out-of-state Insurance Company, Surrender Of Certificate.
72. a. An insurance company of another state or foreign country authorized under chapter 32 of Title 17 of the Revised Statutes to transact...
- Section 17:33b-31 - Use Of Rating Or Advisory Organization For Collection, Compilation And Dissemination Of Historical Data; Factors For Coverage; Etc.
69. Notwithstanding the provisions of Subtitle 3 of Title 17 of the Revised Statutes or any other provision of law to the contrary, no...
- Section 17:33b-33 - Applicability; "Renewal" Defined
a. The provisions of sections 41 through 48 shall be applicable to all automobile physical damage insurance policies covering automobiles, as defined in section...
- Section 17:33b-34 - Inspection Of Automobile
a. A newly issued policy shall not provide coverage for automobile physical damage perils prior to an inspection of the automobile by the insurer....
- Section 17:33b-35 - Inspection Before Issuance Of Physical Damage Coverage.
If an automobile is acquired by the insured as a replacement for or in addition to an automobile insured for physical damage coverage, and...
- Section 17:33b-36 - Damage; Subsequent Inspection; Documentation Of Repairs
If an automobile insured for physical damage coverage by an insurer is damaged, the insurer may request that the automobile be made available for...
- Section 17:33b-36.1 - Selection Of Auto Body Repair Shop; Notification Form.
64.If an insurer has a financial arrangement with one or more auto body repair shops or other repair facilities or a network of facilities...
- Section 17:33b-37 - Form, Photographs For Inspection
a. Any inspection made pursuant to section 42, 43 or 44 of this act shall be conducted by the insurer or its authorized representative...
- Section 17:33b-38 - Report Of Wrongdoing
Every insurer shall report to the Director of the Division of Motor Vehicles any evidence of overcharges, improper repairs or adjustments or other wrongdoing...
- Section 17:33b-39 - Penalty For Violation
If the commissioner, after notice and hearing, finds that any insurer or its authorized representative has violated any provision of sections 42 through 46...
- Section 17:33b-40 - Dissemination Of Information; Exemption Or Deferral Under Certain Circumstances
a. The Commissioner of Insurance, in regulations implementing the provisions of sections 41 through 47 of this act, shall also require that insurers take...
- Section 17:33b-41 - Cancellation For Nonpayment Of Premium; Suspension Of Registration.
50. a. Upon the termination of a policy of motor vehicle liability insurance by cancellation for nonpayment of premium pursuant to section 2 of...
- Section 17:33b-42 - Implementation Of Procedures Or Practices To Control Costs
The Commissioner of Insurance may order insurers writing automobile insurance in this State to implement any procedure or practice that he deems necessary to...
- Section 17:33b-43 - Structured Settlement
If an insurer, the New Jersey Automobile Full Insurance Underwriting Association, the trustee appointed pursuant to section 21 of this 1990 amendatory and supplementary...
- Section 17:33b-44 - Reduction In Base Rates For Use Of Anti-theft Or Safety Devices
The Commissioner of Insurance is authorized to order reductions in the base rates of comprehensive, collision, physical damage, or any combination of these coverages,...
- Section 17:33b-45 - Approved Motor Vehicle Defensive Driving Course
a. An approved motor vehicle defensive driving course shall include that number of hours of classroom or field driving instruction, or both, as the...
- Section 17:33b-45.1 - Rate Reduction For Automobile Insurance After Approved Defensive Driving Course
1. a. Within 180 days of the effective date of this act, every rate filing for private passenger automobile insurance shall contain an appropriate...
- Section 17:33b-48 - Storage Expense Not Included
No insurer or rating organization shall include any expense for storage of a private passenger automobile for more than 30 days into the base...
- Section 17:33b-49 - Annual Surtax On Premiums, Terms Defined, Revenues Credited To New Jersey Automobile Insurance Guaranty Fund
a. In addition to the tax on net premiums paid pursuant to section 1 of P.L.1945, c.132 (C.54:18A-1), each taxpayer under that section shall...
- Section 17:33b-50 - Adjustment Of Rate Of Surtax
a. The Director of the Division of Taxation is hereby authorized to adjust the rate of the surtax imposed pursuant to section 76 of...
- Section 17:33b-51 - Private Passenger Automobile Insurance Policyholders Not To Pay Surtax
The Commissioner of Insurance shall take such action as is necessary to ensure that private passenger automobile insurance policyholders shall not pay for the...
- Section 17:33b-52 - Exemption, Abatement, Deferral Of Surtax Imposed On Insurer Pursuant To C.17:33b-49 If Insurer Is In Unsafe Or Unsound Financial Condition
a. The commissioner shall, after hearing, notify the director to exempt, abate or defer, in whole or in part, the surtax imposed on an...
- Section 17:33b-53 - Exemption, Abatement, Deferral Of Surtax Imposed On Insurer Pursuant To C.17:33b-49 If Result Will Be Financial Condition Of Insurer Becoming Unsafe Or Unsound
The commissioner may provide that the director exempt, abate or defer, in whole or in part, the surtax imposed on an insurer pursuant to...
- Section 17:33b-54 - Payment Of Exempted, Abated, Deferred Surtax On Insurer
After the exemption, abatement or deferral of a surtax on an insurer pursuant to the provisions of section 98 or 99 of this 1990...
- Section 17:33b-55 - Exemption, Abatement, Deferral Of Payment Of Assessment If Insurer Is In Unsafe Or Unsound Financial Condition
a. The commissioner shall, after hearing, provide that the New Jersey Property-Liability Guaranty Association exempt, abate or defer, in whole or in part, the...
- Section 17:33b-56 - Exemption, Abatement, Deferral If Payment Of Assessment Will Result In Insurer's Financial Condition Becoming Unsafe Or Unsound
The commissioner may provide that the association exempt, abate or defer, in whole or in part, the assessment on any member insurer imposed pursuant...
- Section 17:33b-57 - Exempted, Abated, Deferred Assessment To Be Assessed Against Other Member Insurers
If an assessment against a member insurer is exempted, abated or deferred pursuant to the provisions of section 95 or 96 of this 1990...
- Section 17:33b-58 - $100 Annual Fee To Be Assessed By Board Of Medical Examiners.
63. The State Board of Medical Examiners shall assess an annual fee in the amount of $100 payable by: a.Each physician licensed to practice...
- Section 17:33b-59 - $100 Annual Fee To Be Assessed By Board Of Chiropractic Examiners
The State Board of Chiropractic Examiners shall assess an annual fee in the amount of $100, payable by each person licensed in this State...
- Section 17:33b-60 - $100 Annual Fee To Be Assessed By Board Of Physical Therapy
The State Board of Physical Therapy shall assess an annual fee in the amount of $100, payable by each person licensed or registered in...
- Section 17:33b-61 - $100 Annual Assessment Of Auto Body Repair Facilities
The Director of the Division of Motor Vehicles in the Department of Law and Public Safety shall assess an annual fee in the amount...
- Section 17:33b-62 - $100 Annual Assessment Of Lawyers
The State Treasurer shall assess an annual fee in the amount of $100, payable by each person licensed to practice law in this State...
- Section 17:33b-63 - Additional Registration Fees; Exemptions
68. a. In addition to the registration fees imposed pursuant to Article 2 of chapter 3 of Title 39 of the Revised Statutes, the...
- Section 17:33b-64 - Findings, Declarations Relative To Automobile Insurance
1. The Legislature finds and declares: a. There continues to be a need to improve and expand the availability of automobile insurance in certain...
- Section 17:33c-1 - Definitions Relative To Automobile Insurance Urban Enterprise Zone Program
19. As used in sections 19 through 23 of this amendatory and supplementary act: "Automobile" means an automobile as defined pursuant to subsection a....
- Section 17:33c-2 - Automobile Insurance Urban Enterprise Zone Program
20. a. The commissioner shall establish in a fair and equitable manner an automobile insurance urban enterprise zone program designed to encourage greater availability...
- Section 17:33c-3 - Standards For Qualified Insurer
21. a. The commissioner shall establish by regulation standards for a qualified insurer. These standards may include, but not be limited to, demonstration by...
- Section 17:33c-4 - Uez Agents
22. a. A qualified insurer may appoint a UEZ agent or agents. Any appointment of a UEZ agent shall comply with the provisions of...
- Section 17:33c-5 - Study On Effect Of Territorial Rating Caps; Report
23. a. The commissioner shall study the effect of territorial rating caps imposed on automobile insurance rates pursuant to section 7 of P.L.1983, c.65...
- Section 17:35-1 - Application Of Article
Any corporation organized to insure lives, which provides for the payment of policy claims, the accumulation of reserve or emergency funds, and the expense...
- Section 17:35-2 - Incorporation
Nine or more persons may form a corporation for the purpose of transacting the business of life insurance upon the assessment plan, by filing...
- Section 17:35-3 - Commencing Business
No such corporation shall commence the business of insurance until at least three hundred persons have subscribed in writing to be insured therein in...
- Section 17:35-4 - No New Corporations After May 1, 1935; Law Applicable To Corporations Doing Other Business
No such corporations shall be incorporated after the first day of May, one thousand nine hundred and thirty-five, to transact the business of life...
- Section 17:35-5 - Return Of Securities To Companies Reincorporating Under Article
The commissioner may return to any company incorporated under the laws of this state prior to March sixth, one thousand nine hundred, which shall...
- Section 17:35-6 - Reserve Or Emergency Fund
Every such life insurance corporation shall accumulate and maintain a reserve or emergency fund of an amount not less than the proceeds of one...
- Section 17:35-7 - Directors Or Trustees
The corporation shall have a board of not less than five directors or trustees, a majority of whom shall be residents of this state,...
- Section 17:35-8 - Annual Report
Every life insurance company doing business under this article shall, on or before March first in each year, make and file with the commissioner...
- Section 17:35-9 - Examinations; Inquiries
All corporations to which this article is applicable, with their books, papers and vouchers, shall be subject to visitation and inspection by the commissioner,...
- Section 17:35-10 - Fixing Fee, Rates, Etc.; Evidence Of Notices
The directors or trustees, or the persons designated in the bylaws of any corporation subject to the provisions of this article shall fix the...
- Section 17:35-11 - Eligibility For Insurance; Insurable Interest; Assignment
No corporation transacting the business of life insurance under this article shall issue a certificate or policy upon the life of any person more...
- Section 17:35-12 - Reinsurance
No such corporation of this state shall transfer its risks to or insure them in another corporation, unless the contract of transfer or reinsurance...
- Section 17:35-13 - Provisions Of Policies Or Certificates; Payment Of Loss
Every policy or certificate issued by a corporation doing business under this article, and promising payment to be made upon a contingency of death...
- Section 17:35-14 - Action To Enjoin Corporation From Transacting Further Business
When the commissioner, upon investigation, is satisfied that any such corporation of this State is insolvent because of matured death claims, or other obligations...
- Section 17:35-14.1 - Mutual Life Insurance Company, Conversion Of Assessment Company Into; Requirements
Any assessment life insurance company incorporated under chapter one hundred forty-seven of the laws of one thousand eight hundred and ninety-seven, now chapter thirty-five...
- Section 17:35-14.2 - Reserves; Policies In Force At Date Of Conversion; Assessment Rights Cancelled
Upon fulfillment of the requirements prescribed in section one hereof: (a) The mutual life insurance company shall be subject to the same requirements as...
- Section 17:35-15 - Application Of Article
This article shall not apply to a secret or fraternal society conducting its business on the lodge system, or to any association organized solely...
- Section 17:35-16 - Authorization To Do Business; Requirements
Any corporation or association organized under the laws of another state of the United States for the purpose of furnishing life, sickness or accident...
- Section 17:35-17 - Certificates To Agents
After authorizing the corporation or association to do business in this state, as provided in this article, the commissioner shall issue certificates to agents...
- Section 17:35-18 - Doing Business Without Authority Prohibited
No corporation or association organized under other authority than the laws of this state, for the purpose of furnishing life, sickness or accident insurance...
- Section 17:35-19 - Annual Report
Every corporation or association doing business in this state under the provisions of this article, shall on or before March first in each year...
- Section 17:35-20 - Examinations
When the commissioner deems it prudent, for the protection of the policy or certificate holders in this state, he may visit and examine, or...
- Section 17:35-21 - Inquiries Concerning Affairs
The commissioner may address any inquiries he deems proper to any corporation or association authorized to do business in this state under the provisions...
- Section 17:35-22 - Principal Office And Agent
Every corporation or association authorized to do business in this state under this article shall designate some place within the state as the principal...
- Section 17:35-23 - "Agent" Defined; Penalty For Acting As Agent Without Authority
Whoever solicits, procures or receives in or transmits from this State an application other than his own, for membership or insurance in a corporation...
- Section 17:35-24 - Revocation Of Authority
If the commissioner is satisfied that the corporation or association is not paying in full the maximum amount named in its policies or certificates,...
- Section 17:35-25 - Fees
Every foreign corporation or association admitted to transact business under this article shall pay fees, as follows: Filing the certified copy of its charter...
- Section 17:35-26 - Policy Or Certificate Forms, Classification Of Risks And Premiums Or Rates Of Contribution; Filing With Commissioner; Disapproval Of Forms, Review
No policy or certificate or endorsement thereto granting benefits in the event of death, sickness, or bodily injury or death of the insured by...
- Section 17:35-27 - Policy Or Certificate Granting Natural Death Benefit
No policy or certificate granting a natural death benefit shall be issued by any domestic company or association or shall be issued or delivered...
- Section 17:35-28 - Policy Or Certificate Granting Sickness, Bodily Injury Or Accidental Death Benefits
No policy or certificate granting benefits in the event of sickness or bodily injury or death by accident, or any of them, shall be...
- Section 17:35-29 - Policy Or Certificate Requirements Generally
No policy or certificate shall be issued by any domestic company or association or shall be issued or delivered in this State to any...
- Section 17:35-30 - Reserve On Policies Or Certificates Granting Natural Death Benefits
Every assessment insurance company or association authorized to transact business in this State shall maintain a reserve on every policy or certificate granting natural...
- Section 17:35-31 - Penalty For Violations; Revocation Of Certificate Of Authority
Any assessment company or association or any officer or agent thereof which or who issues or delivers to any person in this State any...
- Section 17:35a-14 - Regulation; Exemption From Uniform Securities Law
The Commissioner of Insurance shall have sole and exclusive authority to regulate the issuance and sale of contracts on a variable basis; and such...
- Section 17:35b-14 - Repeal
Sections 17:34-18, 17:34-28, 17:34-29, 17:34-30 of the Revised Statutes and section 5 of chapter 237 of the laws of 1951 (C. 17:38-13.4) are hereby...
- Section 17:35c-1 - Definitions
1. For the purposes of this act: a. "Applicant" means: (1) In the case of an individual medicare supplement subscriber contract, the person who...
- Section 17:35c-2 - Contract Provisions; Regulations
The commissioner shall issue regulations to establish specific standards for contract provisions of medicare supplement contracts, which shall be in addition to and in...
- Section 17:35c-3 - Prohibited Provisions
3. a. No medicare supplement contract shall contain benefits which duplicate any benefits provided by medicare. b. The commissioner may issue regulations that specify...
- Section 17:35c-4 - Preexisting Condition; Denial Of Claim
Notwithstanding any other provision of law of this State to the contrary, a medicare supplement contract may not deny a claim for losses incurred...
- Section 17:35c-5 - Regulations
5. The commissioner shall promulgate regulations to effectuate and enforce the provisions of P.L.1982, c.95 (C. 17:35C-1 et seq.) and any regulations which are...
- Section 17:35c-6 - Requirements For Medicare Supplement Contract Forms, Rates
6. a. No service corporation shall deliver or issue for delivery to a resident of this State a medicare supplement contract unless it has...
- Section 17:35c-7 - Outline Of Coverage
7. a. In order to provide for full and fair disclosure in the sale of medicare supplement contracts, no medicare supplement contract or certificate...
- Section 17:35c-8 - 30-day Examination Period; Refunds
8. Medicare supplement contracts or certificates shall have a notice prominently printed on the first page of the contract or certificate or attached thereto...
- Section 17:35c-9 - Application To Hospital Service Corporations
Notwithstanding the provisions of section 17 of P.L. 1938, c. 366 (C. 17:48-17), the provisions of this act shall apply to hospital service corporations...
- Section 17:35c-10 - Applicability Of C.17:35c-1 et Seq.
1. Except as otherwise specifically provided: a. The provisions of P.L.1982, c.95 (C.17:35C-1 et seq.) shall apply to all medicare supplement contracts and subscriber...
- Section 17:35c-11 - Filing Of Copy Of Advertising Materials Promoting Medicare Supplement Contracts
8. a. Every service corporation shall file with the Department of Insurance a copy of all advertising materials to be used in promoting medicare...
- Section 17:35c-12 - Penalties
9. In addition to any other applicable penalties for violation of the provisions of R.S.17:17-1 et seq., the commissioner may require service corporations violating...
- Section 17:36-2 - Creation; Application Of; Maintenance
Any fire insurance company of this state having a net surplus of more than the amount of its capital stock may, by resolution of...
- Section 17:36-5.15 - Required Statements In Policy; Copy To Be Filed With Commissioner
No policy or contract of fire insurance on any property in this State, except fire insurance on risks subject to the "Commercial Insurance Deregulation...
- Section 17:36-5.16 - Binders
Binders or other contracts for temporary insurance may be made orally for a period which shall not exceed ten days or in writing for...
- Section 17:36-5.17 - Combination Form Of Fire Policy; Required Provisions
Two or more insurers authorized to do in this State the business of fire insurance may, with the approval of the Commissioner of Banking...
- Section 17:36-5.18 - Space For Listing Certain Items; Other Data; Signatures
Every such fire insurance policy shall, in addition to the terms and conditions required by this act, provide space for listing the amounts or...
- Section 17:36-5.19 - Insured; Perils Insured Against; Amount Of Insurance; Assignment, Provision As To
Every such fire insurance policy shall insure, limited to the amounts of insurance specified therein, the named insured and legal representatives, to the extent...
- Section 17:36-5.20 - Standard Provisions
Every such fire insurance policy shall contain certain standard provisions which shall be in the words and in the order hereinafter set forth: PLEASE...
- Section 17:36-5.20a - Cancellation, Non-renewal Of Homeowners Insurance Prohibited Under Certain Circumstances
1.No insurer authorized to do business in this State shall cancel or non-renew an insurance policy covering an owner occupied one-to-four family dwelling solely...
- Section 17:36-5.20b - Certain Commercial Lines Insurance Risks, Exclusion From Requirements Of Standard Fire Policy.
1. a. A fire insurance policy for commercial lines insurance risks which produce minimum annual premiums in excess of $10,000 shall be excluded from...
- Section 17:36-5.21 - Other Insurances; Combination Policies; Premium, Allocation Of Portion To Fire Insurance
Every such policy of fire insurance may, subject to the provisions of section 1 hereof as to filing with and possible disapproval by the...
- Section 17:36-5.22 - Endorsements; Supplemental Contracts; Contracts; Disapproval By Commissioner
Appropriate forms of contracts, or supplemental contracts, or extended coverage endorsements that will provide insurance in case of loss, damage or liability occasioned by...
- Section 17:36-5.23 - Disapproval And Other Orders To Be In Writing
Whenever the Commissioner of Banking and Insurance shall make any disapproval or any other order affecting any insurer, insurance agent, insurance broker or other...
- Section 17:36-5.24 - Violation Of Regulation Or Order
Any insurer, insurance agent, insurance broker or other person or persons doing in this State the business of fire insurance which shall violate any...
- Section 17:36-5.25 - Provisions Of Act Inapplicable To Reinsurance And Certain Kinds Of Insurance
The provisions of this act shall not apply to any policy or contract of reinsurance between insurers; nor shall the provisions of this act...
- Section 17:36-5.26 - Repeal
"An act prescribing a standard form of fire insurance policy, endorsements and supplemental contracts, and repealing sections 17:36-3, 17:36-4, 17:36-5 and 17:36-7 of the...
- Section 17:36-5.27 - Partial Invalidity
The invalidity of any part or section of this act shall not affect the validity of the remaining parts or sections. L.1954, c. 268,...
- Section 17:36-5.28 - Authority To Exclude Loss Or Damage Caused By Nuclear Reaction Or Radiation Or Radioactive Contamination
Insurers issuing a fire insurance policy or any permissible variation thereof, pursuant to the act to which this act is a supplement are authorized...
- Section 17:36-5.29 - Domestic Servants Or Household Employees; Coverage
Every homeowners' policy or other policy providing comprehensive personal liability insurance delivered, issued for delivery, or renewed in this State on or after the...
- Section 17:36-5.30 - Insurers Deemed Admitted To Transact Workers' Compensation Insurance
Notwithstanding R.S. 17:17-7, every insurer who is admitted to transact liability insurance under R.S. 17:17-1 is also deemed to be admitted to transact workers'...
- Section 17:36-5.31 - Information Provided To Policyholders By Every Fire, Casualty Insurer
1.Every fire and casualty insurer, including the New Jersey Insurance Underwriting Association created pursuant to P.L.1968, c.129 (C.17:37A-1 et seq.), shall provide its policyholders...
- Section 17:36-5.32 - Penalties
3.If the commissioner determines that an insurer has committed or performed, with such frequency as to indicate a general business practice, violations of any...
- Section 17:36-5.33 - Definitions Relative To Homeowners Insurance Deductibles And Premium Rates.
1.For purposes of this act: "Commissioner" means the Commissioner of Banking and Insurance. "Homeowners insurance" means personal lines insurance provided against loss to real...
- Section 17:36-5.34 - Uniform Policy Language Concerning Hurricane Deductible.
2.The commissioner shall establish by regulation uniform policy language regarding the applicability of hurricane deductibles and the form of notice to be provided to...
- Section 17:36-5.35 - Expedited Rate Filing Procedure, Certain.
3. a. A filer may use an expedited rate filing procedure to file for a proposed alteration to its homeowners insurance rating system when...
- Section 17:36-5.36 - Customer Information Brochure For Homeowners Insurance Consumers.
4. a. No homeowners insurance policy shall be issued, delivered or renewed in this State on or after the 90th day following the effective...
- Section 17:36-5.37 - Regulations.
5.The commissioner shall promulgate regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), necessary to effectuate the provisions of this act.
- Section 17:36-5.38 - Earthquake Damage Endorsement, Availability Through Homeowners' Insurance Policy.
1.Every insurer that is authorized to transact the business of homeowners' insurance in this State and that offers coverage for earthquake damage by endorsement...
- Section 17:36-5.39 - Earthquake Damage Endorsement, Availability Through Commercial Fire, Extended Coverage Insurance Policy.
2.Every insurer that is authorized to transact the business of commercial fire and extended coverage insurance in this State and that offers coverage for...
- Section 17:36-5.40 - Immunity From Liability For Informing Insureds Of Endorsement.
3.Notwithstanding any other provision of law to the contrary, no person, including, but not limited to, an insurer and an insurance producer, as defined...
- Section 17:36-5.41 - Provision Of Notice To Applicants, Insureds.
4. a. Every insurer, subject to the provisions of sections 1 and 2 of this act, shall provide a notice, prepared by the commissioner...
- Section 17:36-6 - Furnishing Proofs Of Loss
The failure of any person, insured against loss or damage by fire in any insurance company doing business under the authority of the department,...
- Section 17:36-8 - Official Certificate Of Search Required
No insurer issuing fire insurance policies in this State shall pay any claims for fire damages in excess of $2,500.00 on any real property...
- Section 17:36-9 - Municipal Ordinances Authorized
Any municipality may, by ordinance, prohibit the payment to a claimant by any insurance company of any claim in excess of $2,500.00 for fire...
- Section 17:36-10 - Payment Of Demolition Costs, Liens
Unless a resolution is received in accordance with section 4 of this act by an insurance company writing fire insurance policies in any municipality...
- Section 17:36-11 - Resolution Of Agreement With Owner To Pay Liens Or Costs In Installments; Authorization For Payment Of Claim In Full
The governing body of the municipality in which the fire damaged property is located may enter into agreement with the owner of any fire...
- Section 17:36-12 - Priority Of Municipal Claim; Subordination To Mortgage; Limitation On Liability Of Insurer; Enforcement Of Lien Under Other Law
A municipal claim made in accordance with the provisions of this act shall be paramount to any other claims on the proceeds of the...
- Section 17:36-13 - Fire Insurance Policies Subject To Act
In addition to the standard provisions for fire insurance policies set forth in section 6 of P.L.1953, c. 268 (C. 17:36-5.20), every fire insurance...
- Section 17:36-14 - Definitions
For the purposes of this act: a. "Authorized agency" means any law enforcement agency or agency or instrumentality of this State, county or municipality...
- Section 17:36-15 - Release To And Cooperation With Authorized Agency By Insurer
An authorized agency may request in writing that an insurer release to it any information which is relevant to a loss by fire of...
- Section 17:36-16 - Belief By Insurer Fire Loss Due To Other Than Accidental Cause; Notice And Provision Of Material To County Prosecutor; Disposition
When an insurer has reason to believe that a fire loss in which it has an interest may be of other than accidental cause,...
- Section 17:36-17 - Immunity From Liability Of Insurer
An insurer, or a person acting on its behalf shall not be held liable in any civil proceeding for any statement made or action...
- Section 17:36-18 - Disclosure Of Acquired Information By Authorized Agency
a. Any authorized agency which has obtained information from any insurer pursuant to this act may disclose such information to any authorized agency of...
- Section 17:36-19 - Right Of Insurer To Receive Information From Authorized Agency With Respect To Civil Action
Any insurance company providing information to an authorized agency or agencies pursuant to this act shall, with respect to a civil action, have the...
- Section 17:36-20 - Testimony In Litigation By Authorized Agency Or Its Personnel
Any authorized agency or its personnel may be required to testify in any litigation in which the insurer at interest is named as a...
- Section 17:36-21 - Violations; Penalty; Collection
A person who knowingly: a. Refuses to release information, b. Fails to notify the county prosecutor of a fire loss of which there is...
- Section 17:37-1 - Property Mutual Company May Insure
Any mutual fire insurance company of this state may insure dwellings, schoolhouses, houses for religious worship, mechanic shops, barns, wagon houses and other farm...
- Section 17:37-2 - Retirement Or Surrender Of Advance Premium Notes
When any mutual fire insurance company formed under this subtitle shall have taken advantage of sections 17:26-4 and 17:26-5 of this title, and shall...
- Section 17:37-3 - Borrowing Money
The directors of any mutual fire insurance company of this State issuing assessable policies may borrow money to an amount not exceeding $25,000.00, for...
- Section 17:37-4 - Rewards
The directors of any mutual fire insurance company of this state may offer, in the company's name, such sum of money as in their...
- Section 17:37-5 - Issuance Of Policies To Others Than The Insured
Any mutual fire insurance company of this state, at the time of issuing a policy of insurance, may, with the assent of the insured,...
- Section 17:37-6 - Limited Liability Of Insured In Certain Companies
Any mutual fire insurance company organized by special act of the Legislature prior to the year 1875 may provide in the policy of insurance...
- Section 17:37-7 - Assessments
When the directors of any mutual fire insurance company of this State make an assessment, they may assess over and above the amount of...
- Section 17:37-8 - Assessments Required When Liabilities Of Mutual Fire Insurer Exceed Assets
When the liabilities of any mutual fire insurance company organized under the laws of this State and now doing business shall exceed its assets,...
- Section 17:37-9 - Vice President; Election; Acting As President
Any mutual fire insurance company, organized under the laws of this state, may choose from its board of directors, at the time of its...
- Section 17:37-10 - Tenure Of Directors Of Certain Companies; Cash Payments
Any mutual fire insurance company of this state organized by special act prior to the year one thousand eight hundred and seventy-five may, if...
- Section 17:37a-1 - Policy Declaration For Mandatory Program Of Essential Insurance
1. It is hereby declared that an adequate market for fire and extended coverage insurance, including mine subsidence insurance, is necessary to attract and...
- Section 17:37a-2 - Definitions
2. As used in this act, the following words and terms shall have the following meanings, unless the context indicates or requires another or...
- Section 17:37a-3 - Creation Of Association; Membership
There is hereby created the New Jersey Insurance Underwriting Association, consisting of all insurers authorized to write and engaged in writing within this State,...
- Section 17:37a-4 - Powers
The association shall, pursuant to the provisions of this act and the plan of operation, and with respect to essential property insurance on insurable...
- Section 17:37a-5 - Board Of Directors; Election Or Appointment
The association shall be governed by a board of 21 directors, 10 of whom shall be elected annually by the members of the association,...
- Section 17:37a-6 - Writings, Expenses, Profits And Losses; Participation By Members
All members of the association shall participate in its writings, expenses, profits and losses in the proportion that the net direct premiums of each...
- Section 17:37a-7 - Proposed Plan Of Operation; Provisions; Review And Approval; Amendments; Annual Review
a. Within 90 days after the effective date of this act, the directors of the association shall submit to the commissioner, for his review...
- Section 17:37a-8 - Essential Property Insurance; Application; Contents; Denial; Appeal
a. Any person having an insurable interest in insurable property, who has failed to procure essential property insurance from an authorized insurer in the...
- Section 17:37a-9 - Ceding Insurance To Association
Any member of the association may cede to the association essential property insurance written on insurable property, to the extent, if any, and on...
- Section 17:37a-10 - Rates, Rating Plans And Rating Rules
a. The rates, rating plans and rating rules applicable to the insurance written by the association, shall be in accord with the manual or...
- Section 17:37a-11 - Appeal
Any person insured pursuant to this act, or his representative, or any affected insurer, may appeal to the commissioner within 30 days after any...
- Section 17:37a-12 - Orders Of Commissioner; Review
All orders of the commissioner made pursuant to this act shall be subject to review by the Superior Court in a proceeding in lieu...
- Section 17:37a-13 - Reports Of Inspection
All reports of inspection performed by or on behalf of the association shall be made available to members of the association, applicants and the...
- Section 17:37a-14 - Liability For Statements In Reports Or Communications
There shall be no liability on the part of, and no cause of action of any nature shall arise against, the association or its...
- Section 17:37a-15 - Association's Annual Statement; Contents, Form
15. The association shall file with the Governor, the commissioner and the New Jersey Senate and General Assembly, annually on or before March 1,...
- Section 17:37a-16 - Examination Into Affairs; Hearings; Expenses
The commissioner may make an examination into the affairs of the association whenever he deems it expedient, and in undertaking any examination he may...
- Section 17:37a-18 - New Jersey Insurance Development Fund; Purpose; Administration
There is hereby created a fund to be known as the "New Jersey Insurance Development Fund," for the purpose of providing a financial backup...
- Section 17:37a-19 - Privilege Of Doing Business; Surcharge Upon Premiums
For the privilege of doing property insurance business in this State, and in addition to all other requirements of law, every insurer authorized to...
- Section 17:37a-20 - Establishment Of Fund; Surcharge Upon Basic Property Insurance Premiums; Maximum
For the purpose of providing the moneys necessary to establish the New Jersey Insurance Development Fund in an amount sufficient to meet the requirements...
- Section 17:37a-21 - Net Value Of Fund; Determination; Amount
The commissioner, on or before April 1, shall ascertain and determine the net value of the fund as of the next preceding December 31....
- Section 17:37a-22 - Custodian Of Fund; Disbursements; Investments
The fund created by this act shall be separate and apart from any other fund and from all other State moneys. The State Treasurer...
- Section 17:37a-23 - Insufficiency Of Fund To Pay Claims; Appropriation
If in any year or at any time the fund as hereinabove established is insufficient to pay claims chargeable to the fund to the...
- Section 17:37a-24 - Entry Upon Lands For Examination
The agents and employees of any insurer of this State participating in a plan established pursuant to this act may enter upon any lands...
- Section 17:37a-25 - Federal Programs Of Reinsurance; Participation
In addition to any powers conferred upon him by this or any other law, the commissioner is authorized to do all things necessary to...
- Section 17:37a-26 - Rules And Regulations
The commissioner may make reasonable rules and regulations to carry out the purposes of this act. L.1968, c. 129, s. 26, eff. July 1,
- Section 17:37a-27 - Reports From Insurers Concerning Risks
The commissioner may require such reports from insurers concerning risks insured under any plan approved or issued pursuant to this act as he shall...
- Section 17:37b-1 - Findings, Declarations
The Legislature finds and declares: a. That the present crisis in commercial insurance, which is characterized by the lack of availability and rapidly escalating...
- Section 17:37b-2 - Division Of Property-casualty Examination
There is created in the Department of Insurance a Division of Property-Casualty Examination. The division shall perform all financial examinations of property and casualty...
- Section 17:37b-3 - Additional Duties Of Division
a. In addition to any other duties otherwise prescribed by law, the division shall analyze the general business practices being followed by insurers writing...
- Section 17:37b-4 - Definitions
For the purposes of this act: a. "Commissioner" shall mean the Commissioner of Insurance; b. "Division" shall mean the Division of Property-Casualty Examination established...
- Section 17:37b-5 - Rules, Regulations
The commissioner shall promulgate rules and regulations as are necessary to carry out the purposes of this act. L. 1987, c. 406, s. 5.
- Section 17:38-1.1 - Fraternal Benefit Society Contracts; Conformity With Health Insurance Provisions
One year after the effective date of this supplementary act, and thereafter, no domestic, foreign or alien fraternal benefit society authorized to do business...
- Section 17:38-1.2 - Law Applicable
Section 17B:26-2 of Title 17B shall not apply to fraternal benefit societies nor shall that part of section 17B:26-4 apply which requires that the...
- Section 17:38-13.12 - Effective Date Of Act
This act shall take effect on January first, one thousand nine hundred and fifty-two. L.1951, c. 237, p. 852, s. 13.
- Section 17:44b-1 - Definitions Relative To Fraternal Benefit Societies
1.As used in this act: "Benefit contract" means an agreement for provision of benefits authorized by section 16 of this act, as that agreement...
- Section 17:44b-2 - Fraternal Benefit Society
2.Any incorporated society, order or supreme lodge, without capital stock, including one exempted under the provisions of section 35 of this act, whether incorporated...
- Section 17:44b-3 - Lodge System
3. a. A society is operating on the lodge system if it has a supreme governing body and subordinate lodges into which members are...
- Section 17:44b-4 - Representative Form Of Government For Society
4.A society has a representative form of government when: a.It has a supreme governing body constituted in one of the following ways: (1) Assembly....
- Section 17:44b-5 - Purposes Of Society
5. a. A society shall operate for the benefit of members and their beneficiaries by: (1) providing benefits as specified in section 16 of...
- Section 17:44b-6 - Specification Of Eligibility, Admission, Rights, Etc.
6. a. A society shall specify in its laws or rules: (1) eligibility standards for each and every class of membership, provided that if...
- Section 17:44b-7 - Location Of Principal Office; Reports
7. a. The principal office of any domestic society shall be located in this State. The meetings of its supreme governing body may be...
- Section 17:44b-8 - Immunity Of Officers, Members From Personal Liability
8. a. The officers and members of the supreme governing body or any subordinate body of a society shall not be personally liable for...
- Section 17:44b-9 - Waiver Of Society's Laws By Subordinates Prohibited
9.The laws of the society may provide that no subordinate body, nor any of its subordinate officers or members, shall have the power or...
- Section 17:44b-10 - Formation Of Domestic Society
10. A domestic society organized on or after the effective date of this act shall be formed as follows: a.Seven or more citizens of...
- Section 17:44b-11 - Amendment Of Laws Of Domestic Society
11. a. A domestic society may amend its laws in accordance with the provisions of those laws by action of its supreme governing body...
- Section 17:44b-12 - Establishment Of Not-for-profit Institutions
12. a. A society may create, maintain and operate, or may establish organizations to operate, not-for-profit institutions to further the purposes permitted by paragraph...
- Section 17:44b-13 - Reinsurance Agreement To Cede Risks
13. a. A domestic society may, by a reinsurance agreement, cede any individual risk or risks in whole or in part to an insurer,...
- Section 17:44b-14 - Consolidation, Merger
14. a. A domestic society may consolidate or merge with any other society by complying with the provisions of this section. It shall file...
- Section 17:44b-15 - Conversion To Domestic Mutual Insurer
15. a. A domestic fraternal benefit society which is organized pursuant to the provisions of this act may convert to a domestic mutual insurer...
- Section 17:44b-16 - Provision Of Contractual Benefits
16. a. A society may provide the following contractual benefits in any form, except in the form of group insurance: (1) death benefits; (2)...
- Section 17:44b-17 - Right To Change Beneficiary
17. a. The owner of a benefit contract shall have the right at all times to change the beneficiary or beneficiaries in accordance with...
- Section 17:44b-18 - Issuance Of Certificate Specifying Amount Of Benefits
18. a. Every society authorized to do business in this State shall issue to each owner of a benefit contract a certificate specifying the...
- Section 17:44b-19 - Certificates Issued In 1998, Compliance With Prior Law; After 1998 Requirements
19. a. For certificates issued prior to one year after the effective date of this act, the value of every paid-up nonforfeiture benefit and...
- Section 17:44b-20 - Investment Of Funds Of Society
20. A society shall invest its funds only in investments that are authorized by the laws of this State for the investment of assets...
- Section 17:44b-21 - Holding, Investment, Disbursement Of Assets
21. a. All assets shall be held, invested and disbursed for the use and benefit of the society and no member or beneficiary shall...
- Section 17:44b-22 - Societies Governed By Act
22. Except as otherwise provided in this act, societies shall be governed by this act and shall be exempt from all other provisions of...
- Section 17:44b-23 - Society Declared Charitable, Benevolent Institution
23. Every society organized or licensed under this act is declared to be a charitable and benevolent institution, and all of its funds shall...
- Section 17:44b-24 - Standards Of Valuation For Certificates
24. a. Standards of valuation for certificates issued prior to one year after the effective date of this act shall be those provided by...
- Section 17:44b-25 - Filing Of Annual Statement
25. a. Every society transacting business in this State shall annually, on or before March 1, unless for cause shown the time has been...
- Section 17:44b-26 - Authority To Transact Business, Compliance With Requirements Of This Act
26. Societies which are now authorized to transact business in this State, and all societies licensed on or after the effective date of this...
- Section 17:44b-27 - Societies Subject To Examination
27. a. All societies shall be subject to examination by the commissioner in the same manner and subject to the same procedures as set...
- Section 17:44b-28 - Licensing Of Foreign, Alien Society
28. No foreign or alien society shall transact business in this State without a license issued by the commissioner. Any foreign or alien society...
- Section 17:44b-29 - Domestic Societies Subject To C.17b:32-31 et Seq.
29. Domestic societies shall be subject to the provisions of P.L.1992, c.65 (C.17B:32-31 et seq.). L.1997,c.322,s.29.
- Section 17:44b-30 - Deficiencies, Notice Of; Corrections; Remedies
30. a. When the commissioner upon investigation finds that a foreign or alien society transacting or applying to transact business in this State: (1)...
- Section 17:44b-31 - Application, Petition For Injunction By State
31. No application or petition for injunction against any domestic, foreign or alien society, or lodge thereof, shall be recognized in any court of...
- Section 17:44b-32 - Licensure Of Individual Insurance Producers; Exemption For Certain Agents, Member Of Fraternal Benefits Societies, Conditions.
32.Individuals acting as insurance producers with respect to societies shall be licensed in accordance with the provisions of the "New Jersey Insurance Producer Licensing...
- Section 17:44b-33 - Societies, Agents Subject To N. J. S.17b:30-1 et Seq.
33. Every society and agent authorized to do business in this State shall be subject to the provisions of N.J.S.17B:30-1 et seq., relating to...
- Section 17:44b-34 - Appointment Of Commissioner As Attorney For Foreign Society
34. a. Every foreign and alien society authorized to do business in this State shall appoint in writing the commissioner and each successor in...
- Section 17:44b-35 - Nonapplicability Of Act
35. a. Nothing contained in this act shall be construed to affect or apply to: (1) societies which do not provide benefits by contract;...
- Section 17:44b-36 - Violations, Penalties
36. a. Any person who: (1) makes a false or fraudulent statement to the commissioner, or the department, in any report or declaration required...
- Section 17:44b-37 - Decisions, Findings Subject To Review
37. All decisions and findings of the commissioner made under the provisions of this act shall be subject to review by proper proceedings in...
- Section 17:45-1 - Mutual Benefit Association Defined
For the purpose of this chapter a mutual benefit association is hereby declared to be a corporation, society or voluntary association, other than a...
- Section 17:45-2 - Certificate Of Authority Prerequisite To Transacting Business
No mutual benefit association shall hereafter undertake to provide any specified benefit in the event of disablement by accident or sickness to any member,...
- Section 17:45-3 - Prerequisites To Issuance Of Certificate; Time For Qualifying
The commissioner may issue such certificate of authority to any such incorporated association of this state when it shall have filed in the department...
- Section 17:45-4 - Certificates; Limitations; Age Limits; Exceptions
Every mutual benefit association to which a certificate of authority has been issued under the provisions of this chapter shall issue to each of...
- Section 17:45-5 - Provisions Required In Death Benefit Certificates
No certificate, contracting to pay a death benefit, other than a cash benefit on accidental death only, shall be issued, by any association authorized...
- Section 17:45-6 - Provisions Required In Accident And Sick Benefit Certificates
No certificate providing for specified benefits in the event of sickness or accident disability, or for a cash benefit on accidental death only, shall...
- Section 17:45-7 - Certain Provisions Prohibited; Fees
No certificate contracting to pay a death benefit or providing sickness or accident benefits which contain any of the following provisions shall be issued...
- Section 17:45-8 - Minimum Guarantee Fund; Investment Or Deposit; Replenishment
Every such association shall establish a minimum guarantee fund of twelve thousand dollars ($12,000.00). Such fund, if not accumulated prior to January second, one...
- Section 17:45-9 - Benefit Fund; Use; Additions; Transfer Of Excess
Every such association shall establish a benefit fund into which shall be placed a specified percentage, not less than fifty per centum (50%), of...
- Section 17:45-10 - Reserve Fund; Increases; Amount Annually Certified To Commissioner
Every such association shall maintain a reserve fund which shall consist of the net reserve on all death benefit certificates issued after January second,...
- Section 17:45-11 - Expense Fund; Contracts For Payment Of Fees; Certain Contracts Prohibited; Investments
Any such association may maintain expense funds or surplus funds out of which the expenses of the association shall be defrayed, but no assessment...
- Section 17:45-12 - Annual Statement; Time For Filing; Extension; Inquiries By Commissioner
Every such association transacting business in this state shall annually on or before March first file in the department a statement, subscribed and sworn...
- Section 17:45-13 - Failure To File Annual Statement Or Answer Inquiries; Penalty; Authority To Cease On Notice
Any such association which neglects to make and file its annual statement in the form and within the time provided by section 17:45-12 of...
- Section 17:45-14 - Examination Of Companies; Expenses; Expenses When Association Insolvent; Gifts To Authorities Prohibited
The commissioner may, whenever he deems it expedient, make or cause to be made an examination of the assets and liabilities, method of conducting...
- Section 17:45-16 - Fees To Be Paid By Association
Every association to which this chapter shall be applicable shall pay the following fee to the commissioner for enforcement of the provisions of this...
- Section 17:45-17 - Penalty For Violation; Recovery; Misrepresentation By Employee Or Agent A Misdemeanor
Any mutual benefit association of this or any other State, country or province which shall have violated any of the provisions of, or shall...
- Section 17:45-18 - Chapter Inapplicable To Certain Associations And Companies
The provisions of this chapter shall not apply to any corporation, society, or association carrying on the business of life, health or accident insurance...
- Section 17:45-19 - Certificates Issued Under Prior Law Continued; Conditions
All certificates of authority issued by the commissioner pursuant to the provisions of the act entitled "A supplement to an act entitled "An act...
- Section 17:45-20 - Partial Unconstitutionality; Chapter Void If Section 17:45-18 Invalid
If section 17:45-18 of this title shall be held unconstitutional or invalid in whole or in part this entire chapter shall be null and...
- Section 17:45-21 - Chapter Inapplicable To Certain Associations
The provisions of chapter forty-five of Title 17 of the Revised Statutes shall not apply to any mutual benefit association incorporated under the laws...
- Section 17:45-22 - Death Benefits Payable Notwithstanding Section 17:45-21 Or Other Laws
Any mutual benefit association incorporated under the laws of this State and to which the provisions of chapter forty-five of Title 17 of the...
- Section 17:45-23 - Minimum Assets
Every such mutual benefit association shall have, and maintain, assets of a market value, in the opinion of the Commissioner of Banking and Insurance...
- Section 17:45a-1 - Mutual Benefit Association Defined
As used herein, "mutual benefit association" means a mutual benefit association heretofore or hereafter organized under any law of this State which (a) has...
- Section 17:45a-2 - Authorization To Convert
Any mutual benefit association may become and be a mutual life insurance company upon complying with the provisions of this act. L.1955, c. 230,...
- Section 17:45a-3 - Method Of Conversion; Contents Of Resolution
Any such mutual benefit association may effect its conversion into a mutual life insurance company as follows: Its board of directors or board of...
- Section 17:45a-4 - Vote Percentage Required For Approval; Certificate To Commissioner Of Banking And Insurance
If, at the meeting held pursuant to the notice required by section 3 of this act, or at any adjournment thereof, 2/3 of the...
- Section 17:45a-5 - Issuance Of Certificate Of Authority Upon Certain Findings By Commissioner
If the commissioner shall find (a) that the association is possessed of unencumbered assets of at least $100,000.00 over and above all required reserves...
- Section 17:45a-6 - Date Of Existence As Mutual Life Insurance Company; Effect
From and after the date of the issuance of the certificate of authority, the association shall be a mutual life insurance company, vested with...
- Section 17:45a-7 - Rights Against Association Not Affected By Conversion; Exception
The conversion of an association into a mutual life insurance company shall not affect the right of any creditor or member of any such...
- Section 17:46a-1 - Short Title
This act may be cited as the Mortgage Guaranty Insurance Act. L.1968, c. 248, s. 1, eff. Aug. 12, 1968.
- Section 17:46a-2 - Definitions.
2.Definitions. The definitions set forth in this section shall govern the construction of the terms used in this act. (a)"Mortgage guaranty insurance" means: (1)Insurance...
- Section 17:46a-3 - Capital, Surplus And Contingency Reserve Requirements.
3.Capital, surplus and contingency reserve requirements. (a)An insurance company shall not transact the business of mortgage guaranty insurance unless it has paid-in capital of...
- Section 17:46a-4 - Limitations And Restrictions For Transacting Business.
4.Limitations and restrictions for transacting business. (a)Mortgage guaranty insurance may be transacted in this State only by a stock insurance company holding a certificate...
- Section 17:46a-5 - Rebates And Commissions
(a) Every mortgage guaranty insurance company shall adopt, print and make available a schedule of premium charges for mortgage guaranty insurance policies. Premium charges...
- Section 17:46a-7 - Financial Statements
(a) The provisions of chapter 23 of Title 17 shall apply to mortgage guaranty insurance companies. (b) The unearned premium reserve shall be computed...
- Section 17:46a-8 - Applicability Of Other Laws
All the applicable provisions of Title 17 and Title 54 of the Revised Statutes, chapter 227 (C. 54:16A-1 et seq.) of the laws of...
- Section 17:46a-9 - Additional Powers Of Commissioner
The commissioner may adopt, pursuant to the provisions of chapters 66 (C. 17:1-8.1 et seq.) and 68 (C. 17:1-8.5 et seq.) of the laws...
- Section 17:46a-10 - Advertising
No bank, savings and loan association or insurance company, any of whose authorized real estate securities are insured by mortgage guaranty insurance pursuant to...
- Section 17:46a-11 - Repeal
Chapter 46 of Title 17 of the Revised Statutes is repealed. L.1968, c. 248, s. 11, eff. Aug. 12, 1968.
- Section 17:46b-1 - Certain Words Defined
Certain words defined. As used in this act: a. "Title insurance" means insuring, guaranteeing or indemnifying owners of real property or others interested therein...
- Section 17:46b-2 - Short Title.
2.Short title. This act shall be known and may be cited as "The Title Insurance Act of 1974." L.1975,c.106,s.2.
- Section 17:46b-3 - Application Of Act
The provisions of this act shall apply to all title insurance companies, title insurance rating organizations, title insurance agents, applicants for title insurance, policyholders...
- Section 17:46b-4 - Severability
The provisions of this act shall be severable, and, if any of its provisions shall be held to be unconstitutional, the decision of the...
- Section 17:46b-5 - Compliance With Act Required
On and after the effective date of this act, only a title insurance company shall underwrite or issue a policy of title insurance. No...
- Section 17:46b-6 - Corporate Form Required
A title insurance company shall be organized as a stock corporation as provided in R.S. 17:17-2 except as hereinafter specified in this act. L.1975,...
- Section 17:46b-7 - Financial Requirement
Financial requirement. a. Every title insurance company shall have a minimum capital, which shall be paid in and maintained, of not less than $500,000.00...
- Section 17:46b-8 - Procedure When Capital Impaired
a. If, for any reason, the capital of a domestic title insurance company becomes impaired and such impairment shall not be eliminated within 30...
- Section 17:46b-9 - Determination Of Insurability Required
No policy or contract of title insurance shall be written unless and until the title insurance company has caused to be conducted a reasonable...
- Section 17:46b-10 - Power To Insure Titles To Real Estate
Every title insurance company shall have the power to do the kinds of business defined in subsections a. and b. of section 1 of...
- Section 17:46b-10.1 - Maintenance Of Separate Record Of Receipts, Disbursements Representing Proceeds Of Real Estate Transactions.
2. a. Every title insurance producer licensed pursuant to P.L.1987, c.293 (C.17:22A-1 et seq.) or P.L.2001, c.210 (C.17:22A-26 et seq.), and every title insurance...
- Section 17:46b-11 - Prohibition Upon Guaranteeing Mortgages And Completion
A title insurance company shall not, in any manner whatsoever, guarantee the payment of the principal or the interest of bonds or other obligations...
- Section 17:46b-12 - Prohibition Against Transacting Other Kinds Of Insurance; Prohibition Against Other Kinds Of Insurance Companies Transacting Title Insurance
A title insurance company shall not transact, underwrite or issue any kind of insurance other than title insurance; nor shall title insurance be transacted,...
- Section 17:46b-13 - Prohibition Against The Practice Of Law
No title insurance company and no title insurance agent shall engage in the practice of law or render legal services, legal advice or legal...
- Section 17:46b-14 - Statutory Premium Reserve
a. Every domestic insurance company shall, in addition to other reserves, establish and maintain a reserve to be known as the "statutory premium reserve"...
- Section 17:46b-15 - Amount Of Statutory Premium Reserve; Release Thereof
a. The statutory premium reserve of every domestic title insurance company shall consist of: (1) The amount of the reserve held as of the...
- Section 17:46b-16 - Maintenance Of The Statutory Premium Reserve
If by reason of any cause, other than depreciation in the market value of investments, the amount of the assets of a title insurance...
- Section 17:46b-17 - Use Of The Statutory Premium Reserve On Liquidation, Dissolution Or Insolvency
a. If a title insurance company becomes insolvent, or is in the process of liquidation or dissolution, or in the possession of the commissioner:...
- Section 17:46b-18 - Reserve For Unpaid Losses And Loss Expense
a. Each domestic title insurance company shall at all times establish and maintain, in addition to other reserves, a reserve: (1) Against unpaid losses,...
- Section 17:46b-19 - Net Retained Liability
The net retained liability of any title insurance company under any single insurance risk as defined in subsections j. and k. of section 1...
- Section 17:46b-20 - Power To Reinsure
Any title insurance company authorized to engage in the business of title insurance in this State may cede reinsurance of all or any part...
- Section 17:46b-21 - Minimum Capital
An amount equivalent to the minimum capital requirements as defined in subsection a. of section 7 shall be retained as cash on hand or...
- Section 17:46b-22 - Funds In Excess Of Minimum Capital, Other Than Statutory Premium Reserve
Funds over and above minimum capital, other than the statutory premium reserve, may be retained as cash on hand or on deposit in banks,...
- Section 17:46b-22.1 - Valuation Of Securities Held By Title Insurance Company; Violations; Penalties
6. Except as otherwise required by the commissioner, securities held by a title insurance company transacting business in this State in accordance with P.L.1975,...
- Section 17:46b-23 - Statutory Premium Reserve
The statutory premium reserve of a title insurance company may be held as cash on hand or on deposit in banks, or shall be...
- Section 17:46b-24 - Investments Acquired Before Effective Date
Any investment of a title insurance company lawfully acquired before the effective date of this act and which but for this section would be...
- Section 17:46b-25 - Requisites For Foreign And Alien Title Insurance Companies To Do Business
Any title insurance company organized under the laws of another state or foreign government shall be licensed to transact a title insurance business within...
- Section 17:46b-26 - Foreign And Alien Title Insurance Companies
No title insurance company not incorporated or organized under the laws of this State, but authorized to transact business herein, shall make, write, place...
- Section 17:46b-27 - Mergers And Consolidations Of Title Insurance Companies
a. A title insurance company organized and incorporated under the laws of this State may merge, be merged by or consolidated with, one or...
- Section 17:46b-30.1 - Licensure, Permission To Act As Insurance Producer For Title Insurance Company
1.Except for a State or federally chartered bank, savings bank, savings and loan association or its subsidiary or any officer or employee of any...
- Section 17:46b-34 - Commissions; No Right To Pay
No title insurance company and no title insurance agent shall pay, allow or give, or offer to pay, allow or give, directly or indirectly,...
- Section 17:46b-35 - Rebates Or Reduced Fees
a. No title insurance company and no title insurance agent shall pay, allow or give, or offer to pay, allow or give, directly or...
- Section 17:46b-36 - Examination Of Records
The commissioner, if he has reason to believe that any title insurance agent has violated or is violating any of the provisions of sections...
- Section 17:46b-37 - Additional Penalty
Any person who pays, allows or gives, or offers to pay, allow or give, or who receives or offers to receive any commission, rebate,...
- Section 17:46b-38 - Permitted Division Of Fees
Nothing in this act prohibits the division of fees and charges between or among two or more title insurance companies or between or among...
- Section 17:46b-39 - Personal Or Controlled Insurance
If the rates and charges for personal or controlled insurance from any one source so issued in any 1 calendar year received by a...
- Section 17:46b-40 - Enforcement
The commissioner shall have the full authority, and it shall be his duty, to enforce the provisions of sections 34 through 39 of this...
- Section 17:46b-41 - General Provisions
The purposes of sections 41 to 52, inclusive, of this act are to promote the public welfare by regulating title insurance rates to the...
- Section 17:46b-42 - Rate Filing
a. Every title insurance company shall file with the commissioner its schedule of fees, every manual of classifications, rules and plans pertaining thereto, and...
- Section 17:46b-43 - Justification For Rates
A rate filing shall be accompanied by a statement of the title insurance company or title insurance rating organization making the filing, setting forth...
- Section 17:46b-44 - Proposing Of Rates
a. Every title insurance company that shall propose its own rates, and every title insurance rating organization, shall propose rates that are not excessive...
- Section 17:46b-45 - Approval Or Disapproval Of Filings
a. If the commissioner shall find in his review of rate filings that said filings provide for, result in, or produce rates that are...
- Section 17:46b-46 - Title Insurance Rating Organizations
a. A corporation, an unincorporated association, a partnership or an individual, whether located within or outside this State, may make application to the commissioner...
- Section 17:46b-47 - Deviations
Every member of or subscriber to a title insurance rating organization shall adhere to the filings made on its behalf by such organization, except...
- Section 17:46b-48 - Appeal By Minority
Any member of or subscriber to a title insurance rating organization may appeal to the commissioner from any action or decision of such rating...
- Section 17:46b-49 - Rate Administration; Authority And Duties Of Commissioner; Rules And Regulations
a. The commissioner shall promulgate reasonable rules and statistical plans, reasonably adapted to each of the rating systems on file with him, which may...
- Section 17:46b-50 - False Or Misleading Information
No title insurance company or title insurance agent shall willfully withhold information from, or knowingly give false or misleading information to the commissioner, or...
- Section 17:46b-51 - Penalties
The commissioner may, if he finds that any title insurance rating organization, title insurance company or title insurance agent has violated any provision of...
- Section 17:46b-52 - Hearing Procedure
a. Any title insurance company, title insurance rating organization or person aggrieved by any action of the commissioner, or by any rule or regulation...
- Section 17:46b-53 - Existing Filings And Hearings Continued
All title insurance manuals of classifications, rules and rates, rating plans and modifications thereof filed under any repealed act shall be deemed to have...
- Section 17:46b-54 - Forms Of Policies And Other Contracts Of Title Insurance
Every title insurance company shall file with the commissioner all forms of title policies and other contracts of title insurance before the same shall...
- Section 17:46b-55 - Annual Statements Of Title Insurance Companies; Form And Content
54. Annual statements of title insurance companies; form and content. a. Every title insurance company which is authorized to do a title insurance business...
- Section 17:46b-56 - Records
Every domestic title insurance company shall, except as hereinafter provided, keep and maintain at its principal office in this State: a. Its charter and...
- Section 17:46b-58 - Examination Of Title Insurance Companies; When Authorized Or Required
a. The commissioner may make an examination into the affairs of any title insurance company authorized to do a title insurance business in this...
- Section 17:46b-59 - Judicial Review Of Commissioner's Action
If any title insurance company, title insurance agent, or title insurance rating organization be dissatisfied with any decision, regulation, order, rate, rule, act or...
- Section 17:46b-60 - Other Sections Applicable
59. Other sections applicable. In addition to the provisions of this act, only the following provisions of the laws governing insurance companies and insurance...
- Section 17:46b-61 - Repealer
All laws and parts of laws in conflict with the provisions of this act are hereby repealed insofar as they may be or have...
- Section 17:46b-62 - Effect Of This Act
The repeal by this act of any provision of law shall not revive any law heretofore repealed or superseded, nor shall this act affect...
- Section 17:46c-1 - Short Title
This act shall be known and may be cited as the "New Jersey Legal Services Insurance Act." L.1981, c. 160, s. 1.
- Section 17:46c-2 - Legislative Declarations
It is declared that there is a need to encourage the development of effective and economically sound methods for making legal services more readily...
- Section 17:46c-3 - Definitions
As used in this act: a. "Commissioner" means the Commissioner of Insurance. b. "Insurer" means any person who obtains a certificate of authority in...
- Section 17:46c-4 - Certificate Of Authority; Persons Entitled To Transact Business Without; Necessity For Other Persons; Application; Fee; Exemptions
a. (1) A person entitled to transact the business of insurance under Subtitle 3 of Title 17 of the Revised Statutes or Subtitle 3...
- Section 17:46c-5 - Conditions For Issuance; Order Stating Person Provides Legal Insurance
a. A certificate of authority shall be issued if the commissioner is satisfied that the following conditions are met: (1) The persons responsible for...
- Section 17:46c-6 - Policy Or Master Policy; Certificate Of Coverage; Forms; Rating System; Approval; Hearings
a. (1) Each contractual obligation for legal insurance shall be evidenced by a policy or master policy. Legal insurance may be written on an...
- Section 17:46c-7 - Transaction Of Business Of Legal Insurance Along With Any Other Business; Segregated Accounts
Except for employee welfare benefit plans regulated by the "Employee Retirement Income Security Act of 1974" (P.L. 93-406, 29 U.S.C. 1001 et seq.), a...
- Section 17:46c-8 - Management Contract; Approval
a. An insurer who obtains a certificate of authority in accordance with the provisions of section 4 of this act may not enter into...
- Section 17:46c-9 - Annual Report By Insurers; Exceptions
An insurer other than an insurer authorized to transact the business of insurance under subtitle 3 of Title 17 of the Revised Statutes or...
- Section 17:46c-10 - Reserves
An insurer shall maintain the reserves necessary for the sound operation of the business including unearned premium reserves in a manner to be determined...
- Section 17:46c-11 - Investments
The investable funds generated through the transaction of the business of legal insurance by a person who obtains a certificate of authority under this...
- Section 17:46c-12 - Regulation Of Trade Practices
Except where inconsistent with this act, P.L.1947, c. 379 (C. 17:29B-1 to 17:29B-14) shall apply to persons obtaining a certificate of authority under this...
- Section 17:46c-13 - Rules And Regulations
The commissioner shall promulgate rules and regulations to provide for the licensing of agents and brokers under this act, including the establishment of examination...
- Section 17:46c-14 - Commissions To Nonlicensees And Rebates; Prohibition
Commissions may not be paid to nonlicensees. Rebates are prohibited to the same extent as under Titles 17 of the Revised Statutes and 17B...
- Section 17:46c-15 - Examination Of Insurers; Expenses; Payment
The commissioner, in accordance with the procedures set forth in R.S. 17:23-4 et seq., shall make an examination of the affairs of any insurer...
- Section 17:46c-16 - Report Of Violations Of Code Of Professional Responsibility
The commissioner shall report to the New Jersey Supreme Court any information which he considers to be indicative of possible violations of the Code...
- Section 17:46c-17 - Suspension Or Revocation
The commissioner may suspend or revoke any certificate of authority issued to a person transacting the business of legal insurance under this act, after...
- Section 17:46c-18 - Liquidation Or Dissolution
Any liquidation or dissolution of a person transacting the business of legal insurance shall be accomplished in accordance with the provisions of P.L.1975, c....
- Section 17:46c-19 - Fees; Payment
Every person subject to this act shall pay to the commissioner fees required by R.S. 17:33-1. L.1981, c. 160, s. 19.
- Section 17:46c-20 - Retaliatory Tax Provisions; Application
The provisions of P.L.1950, c. 231 (C. 17:32-15) relating to retaliatory tax provisions shall apply to insurers under this act. L.1981, c. 160, s.
- Section 17:46c-21 - Applications, Filings And Reports As Public Documents; Application Of Attorney-client Privilege; Validity Of Independent Judgment Of Attorney
All applications, filings, and reports required under this act shall be treated as public documents. Nothing contained in this act shall require the filing,...
- Section 17:46c-22 - Unauthorized Insurers; Submission To Jurisdiction Of State
Subject to the provisions of this act, P.L.1952, c. 330 (C. 17:51-1 to 17:51-5), relating to unauthorized insurers, shall apply to persons transacting the...
- Section 17:46c-23 - Application Of Titles 17 And 17b To Insurers Authorized To Transact Business Under Subtitle 3
The provisions of Title 17 of the Revised Statutes and Title 17B of the New Jersey Statutes shall apply generally to legal insurance offered...
- Section 17:46c-24 - Titles 17 And 17b; Application To Orders Or Rules And Regulations; Inapplicability To Insurer Authorized Under This Act
a. Orders or rules and regulations issued under the provisions of this act shall be issued in accordance with the provisions of Title 17...
- Section 17:46c-25 - Violations; Penalty; Enforcement; Expenses For Enforcement Of Act; Payment
The penalty for each violation of any section of this act or any supplement thereto, shall be a penalty not exceeding $1,000.00 for the...
- Section 17:46c-26 - Person Transacting Business Prior To Effective Date; Application; Continuance Of Operation
Any person who has been transacting the business of legal insurance for more than 90 days prior to the effective date of this act...
- Section 17:46c-29 - Nonapplicability Of Authority Of Commissioner To Discipline Or Regulation Of Attorneys
Nothing contained in this act shall give the commissioner authority concerning regulation or suspension of attorneys admitted to practice in this State, or authority...
- Section 17:46c-30 - Severability
If any section in this act or any part of any section is declared invalid or unconstitutional, such declaration of invalidity shall not affect...
- Section 17:46c-31 - Liberal Construction Of Act
This act shall be liberally construed to effectuate the purposes set forth in section 2. L.1981, c. 160, s. 31.
- Section 17:46d-1 - Hospital, Medical Benefits For Pets
Any insurer writing any coverage to which the provisions of R.S.17:17-1 apply may offer group or individual policies or contracts which provide benefits for...
- Section 17:47-1 - Insurance On Lloyds Plan Authorized
Individuals, partnerships or associations of individuals, hereinafter designated "underwriters" , may engage in the business of insurance in this state as insurers on the...
- Section 17:47-2 - Classes Of Risks
The underwriters when authorized as hereinafter provided may insure classes of risks as follows: a. Against loss or damage to property by fire, lightning...
- Section 17:47-3 - Declaration Filed With Commissioner
The underwriters shall file with the commissioner a declaration, signed and sworn to by their duly authorized attorney or attorneys in fact, setting forth:...
- Section 17:47-4 - Certificate Of Authority; Examination Of Underwriters; Renewal
Upon the filing of the declaration, the commissioner shall examine it, and if it appears to him that all the statements made therein are...
- Section 17:47-5 - Additional Or Substituted Underwriters
The underwriters applying for a certificate of authority hereunder may, after the issuance of the certificate, be joined by other underwriters, additional or substituted....
- Section 17:47-6 - Deposit By Alien Underwriters; Exceptions
If any of the underwriters applying for the certificate of authority hereunder is not a citizen of the United States, each such alien underwriter...
- Section 17:47-7 - Return Of Deposits
After the conditions of any deposits made under this chapter have been fulfilled and the certificate of authority granted to the underwriters has been...
- Section 17:47-8 - Exposure To Loss Limited
No association of underwriters authorized hereunder to do business in this state shall expose themselves to loss on any one risk in excess of...
- Section 17:47-9 - Certain Other Laws Applicable
All associations of underwriters authorized hereunder and their representatives and agents shall be subject to the same supervision, required to make the same reports...
- Section 17:47-10 - Certain Information Furnished Commissioner
Any association of underwriters authorized hereunder shall from time to time furnish to the commissioner, under oath of their attorney or attorneys in fact,...
- Section 17:47-11 - Revocation Or Suspension Of Certificate Of Authority
The certificate of authority issued hereunder to any association of underwriters may be revoked or suspended if it violates or neglects to comply with...
- Section 17:47-12 - Penalty For Violations
Any person who as principal, attorney, agent, broker or other representative, engages in the business contemplated by this chapter, or any variety or portion...
- Section 17:47-13 - Exception To Application Of Chapter
Nothing contained in this chapter shall apply to interinsurers or reciprocal underwriters.
- Section 17:47a-1 - Short Title
1. This act shall be known and may be cited as the "New Jersey Risk Retention Act." L.1993,c.240,s.1.
- Section 17:47a-2 - Definitions.
2.As used in this act: "Commissioner" means the Commissioner of Banking and Insurance. "Completed operations liability" means liability arising out of the installation, maintenance...
- Section 17:47a-3 - Requirements For Establishment Of Risk Retention Group
3. a. Any person wishing to establish a risk retention group chartered and licensed to write only liability insurance in this State shall, in...
- Section 17:47a-4 - Required Submissions By Foreign Risk Retention Group
4. a. Each risk retention group which is licensed under the laws of any other state and which seeks to do business as a...
- Section 17:47a-5 - Prohibitions For Risk Retention Groups; Taxation Of Premiums
5. a. No risk retention group, whether chartered in this State or another state, shall: (1) Solicit the sale of or sell insurance to...
- Section 17:47a-6 - Additional Information Required
6. In addition to complying with the applicable provisions of this act, any risk retention group doing business in this State prior to the...
- Section 17:47a-7 - Formation Of Purchasing Group
7. a. Only a group of persons with similar exposure to risk may form a purchasing group for the purpose of purchasing liability insurance....
- Section 17:47a-8 - Prohibitions For Purchasing Group; Taxation Of Premiums
8. a. No purchasing group doing business in this State shall purchase or maintain insurance covering its members located in this State from a...
- Section 17:47a-9 - Noneligibility For Membership
9. No risk retention group, whether domiciled in this State or otherwise, shall be eligible to become a member of, contribute to, or derive...
- Section 17:47a-10 - License As Insurance Producer Required
10. a. No person, firm, association or corporation shall act or aid in any manner in soliciting, negotiating, procuring or effecting liability insurance in...
- Section 17:47a-11 - Fines, Penalties
11. a. Each risk retention group, whether chartered in this State or otherwise, is subject to the same fines and penalties to which insurers...
- Section 17:47a-12 - Rules, Regulations
12. The commissioner may, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), promulgate rules and regulations necessary to effectuate the purposes...
- Section 17:47b-1 - Definitions Relative To Captive Insurers.
1.As used in this act: "Affiliated company" means a company in the same corporate system as a parent, an industrial insured or a member...
- Section 17:47b-2 - Application By Captive Insurance Company For License.
2. a. A captive insurance company, if permitted by its articles of association, charter or other organizational document, may apply to the commissioner for...
- Section 17:47b-3 - Conditions For Issuance Of License.
3. a. A captive insurance company shall not be issued a license unless it maintains unimpaired paid-in capital and surplus of: (1)in the case...
- Section 17:47b-4 - Approval Required For Payment Of Dividend.
4.A captive insurance company shall not pay a dividend out of, or other distribution with respect to, capital or surplus without the prior approval...
- Section 17:47b-5 - Incorporation, Organization Of Captive Insurance Company.
5. a. A pure captive insurance company may be incorporated or organized as: (1)a stock insurer with its capital divided into shares and held...
- Section 17:47b-6 - Report Of Financial Condition Of Captive Insurance Company.
6. a. Prior to March 1 of each year, a captive insurance company shall submit to the commissioner a report of its financial condition,...
- Section 17:47b-7 - Visit, Inspection, Examination.
7. a. At least once in every three years, and whenever the commissioner determines it to be prudent, the commissioner shall personally, or by...
- Section 17:47b-8 - Suspension, Revocation Of License.
8. a. Pursuant to subsection b. of this section, the commissioner may suspend or revoke the license of a captive insurance company for any...
- Section 17:47b-9 - Compliance With Investment Requirements.
9. a. A captive insurance company shall comply with investment requirements to be prescribed by the commissioner by regulation. b.A pure captive insurance company...
- Section 17:47b-10 - Provision Of Reinsurance On Risks Ceded By Other Insurers.
10. a. A captive insurance company may provide reinsurance on risks ceded by any other insurer. b.A captive insurance company may take credit for...
- Section 17:47b-11 - Regulations Relative To Captive Insurance Company.
11. a. A captive insurance company shall not be required to join a rating organization. b.A captive insurance company shall not be permitted to...
- Section 17:47b-12 - Taxes Paid By Captive Insurance Company.
12. a. Each captive insurance company shall pay to the Director of the Division of Taxation in the Department of the Treasury, on or...
- Section 17:47b-13 - "Captive Insurance Regulation And Supervision Fund."
13. There is created within the Department of Banking and Insurance a fund to be known as the "Captive Insurance Regulation and Supervision Fund,"...
- Section 17:47b-14 - Applicability Of C.17:30c-1 et Seq.
14. Except as otherwise provided in this act, the terms and conditions set forth in P.L.1975, c.113 (C.17:30C-1 et seq.), pertaining to insurance reorganizations,...
- Section 17:47b-15 - Rules.
15. The commissioner may adopt rules establishing standards to ensure that a parent or affiliated company is able to exercise control of the risk...
- Section 17:47b-16 - Conversion, Merger Into Reciprocal Insurer.
16. a. An association captive insurance company or industrial insured captive insurance company formed as a stock or mutual corporation may be converted to...
- Section 17:47b-17 - Sponsored Captive Insurance Company.
17. a. One or more sponsors may form a sponsored captive insurance company as prescribed in this act. b.A sponsored captive insurance company may...
- Section 17:47b-18 - Regulations Relative To Risk Retention Group.
18. a. A risk retention group shall not be either a sponsor or participant in a sponsored captive insurance company. b.An association, corporation, limited...
- Section 17:47b-19 - No Cause Of Action, Imposition Of Liability Against The Commissioner.
19. a. No cause of action shall arise nor shall any liability be imposed against the commissioner, the commissioner's authorized agent or any examiner...
- Section 17:48-1 - Definitions
A hospital service corporation is hereby declared to be any corporation organized, without capital stock and not for profit, for the purpose of establishing,...
- Section 17:48-1.1 - Hospital Services For Dental Services
Any contract made by a corporation subject to the provisions of the act to which this act is a supplement, may provide for the...
- Section 17:48-1.2 - Application
The provisions of this act shall be applicable to contracts heretofore made under the authority of the act to which this act is a...
- Section 17:48-1.3 - Convalescent In Registered Nursing Homes
Any contract made by a corporation subject to the provisions of the act to which this act is a supplement, may provide for the...
- Section 17:48-1.4 - Application
The provisions of this act shall be applicable to contracts heretofore made under the authority of the act to which this act is a...
- Section 17:48-1.5 - Health Care Services By Voluntary Visiting Nurse Organizations
Any contract made by a corporation subject to the provisions of the act to which this act is a supplement, may provide for the...
- Section 17:48-1.6 - Application
The provisions of this act shall be applicable to contracts heretofore made under the authority of the act to which this act is a...
- Section 17:48-1.7 - Additional Powers; Contract Benefits; Disapproval By Commissioner; Review
Any hospital service corporation organized pursuant to the laws of this State, in addition to other powers conferred upon it, shall be authorized and...
- Section 17:48-2 - Operation As Non-profit Corporation; Who May Operate Hospital Service Plan; Certificate Of Authority
No hospital service corporation shall be converted into a corporation organized for pecuniary profit. Every such corporation shall be operated for the benefit of...
- Section 17:48-2.1 - Hospital Service Corporation Merger Procedure
A hospital service corporation established pursuant to the provisions of P.L. 1938, c. 366 (C. 17:48-1 et seq.) may merge with a medical service...
- Section 17:48-3 - Issuance Of Certificate Of Authority; Conditions And Requirements; Alteration Or Amendment Of Certificate
The Commissioner of Banking and Insurance may issue such certificate of authority to any such hospital service corporation of this State when it shall...
- Section 17:48-4 - Applications For Hospital Service Contracts As Condition Precedent To Issuance Of Certificate Of Authority
No certificate of authority shall be issued to any hospital service corporation except on receipt of evidence by the Commissioner of Banking and Insurance...
- Section 17:48-5 - Filing Copy Of Certificate Of Incorporation; Qualification Of Directors
A copy of a certificate of incorporation of a hospital service corporation may be filed in the Department of Insurance as aforesaid only when...
- Section 17:48-6 - Contracts; Certificates; Contents.
6.Every individual contract made by a corporation subject to the provisions of this chapter to furnish services to a subscriber shall provide for the...
- Section 17:48-6a - Benefits For Treatment Of Alcoholism
No group or individual contract providing hospital or medical expense benefits shall be delivered, issued, executed or renewed in this State, or approved for...
- Section 17:48-6b - Benefits For Reconstructive Breast Surgery
1. Every subscription certificate and group and individual contract providing hospital service benefits delivered, issued, executed or renewed in this State, or approved for...
- Section 17:48-6c - Hospital Service Contracts
Every group and individual contract providing hospital service benefits delivered, issued, executed or renewed in this State, or approved for issuance or renewal in...
- Section 17:48-6d - Benefits For Blood Products, Blood Infusion Equipment
Every group or individual contract providing hospital expense benefits to any subscriber or other person covered thereunder for expenses incurred in connection with the...
- Section 17:48-6e - Hospital Service Corporation Insurance Benefits For Preexisting Condition
a. Notwithstanding any other provision of law to the contrary, no group health insurance contract issued by a hospital service corporation pursuant to the...
- Section 17:48-6f - Hospital Service Corporation To Pay Benefits For Treatment Of Wilm's Tumor
Every group or individual hospital service corporation contract providing hospital or medical expense benefits shall provide benefits to any subscriber or other person covered...
- Section 17:48-6g - Hospital Service Corporation Contract, Mammogram Examination Benefits.
1.a. No group or individual hospital service corporation contract providing hospital or medical expense benefits shall be delivered, issued, executed, or renewed in this...
- Section 17:48-6h - Hospital Service Corporation, Benefits For "Off-label" Drugs Required
2. a. Except as provided in P.L.1992, c.161 (C.17B:27A-2 et al.) and P.L.1992, c.162 (C.17B:27A-17 et seq.), no group or individual hospital service corporation...
- Section 17:48-6i - Hospital Service Corporation, Benefits Of Health Promotion
3. a. Every hospital service corporation contract that provides hospital and medical expense benefits and is delivered, issued, executed or renewed in this State...
- Section 17:48-6j - Requirements For Hospital Service Corporation Providing Benefits For Pharmacy Services.
1. a. Notwithstanding any other provision of law to the contrary, no group or individual hospital service corporation contract which provides benefits for pharmacy...
- Section 17:48-6k - Benefits For Certain Cancer Treatments
1. In addition to benefits provided under regulations adopted pursuant to P.L.1992, c.161 (C.17B:27A-2 et seq.) and P.L.1992, c.162 (C.17B:27A-17 et seq.), a hospital...
- Section 17:48-6l - Coverage For Birth And Natal Care; Hospital Service Corporation
1. a. Every individual or group contract that provides maternity benefits and is delivered, issued, executed or renewed in this State pursuant to P.L.1938,...
- Section 17:48-6m - Hospital Service Corporation Contracts, Child Screening, Blood Lead, Hearing Loss; Immunizations.
2.No hospital service corporation contract providing hospital or medical expense benefits for groups with greater than 50 persons shall be delivered, issued, executed, or...
- Section 17:48-6n - Coverage For Diabetes Treatment By Individual, Group Hospital Service Corporation
1. a. Every individual or group hospital service corporation contract providing hospital or medical expense benefits that is delivered, issued, executed or renewed in...
- Section 17:48-6o - Hospital Service Corporation Contract, Pap Smear Benefits
2.No hospital service corporation contract providing hospital or medical expense benefits for groups with greater than 50 persons shall be delivered, issued, executed or...
- Section 17:48-6p - Hospital Service Corporation Contract, Prostate Cancer Testing
2. No hospital service corporation contract providing hospital or medical expense benefits for groups with greater than 49 persons shall be delivered, issued, executed...
- Section 17:48-6q - Coverage For Minimum Inpatient Care Following Mastectomy By Individual, Group Hospital Service Corporation
1. a. Every individual or group hospital service corporation contract that provides hospital or medical expense benefits and is delivered, issued, executed or renewed...
- Section 17:48-6r - Applicability Of Health Care Quality Act
25. Notwithstanding the provisions of P.L.1938, c.366 (C.17:48-1 et seq.) to the contrary, no individual or group contract shall be delivered, issued, executed or...
- Section 17:48-6s - Coverage For Treatment Of Inherited Metabolic Diseases By Hospital Service Corporation.
1.No group or individual hospital service corporation contract providing hospital or medical expense benefits shall be delivered, issued, executed or renewed in this State,...
- Section 17:48-6t - Coverage For Treatment Of Domestic Violence Injuries By Hospital Service Corporation.
1.Except as otherwise provided in P.L.1992, c.161 (C.17B:27A-2 et seq.) and P.L.1992, c.162 (C.17B:27A-17 et seq.), no group or individual hospital service corporation contract...
- Section 17:48-6u - Coverage For Certain Dental Procedures For The Severely Disabled Or Child Age Five Or Under By Hospital Service Corporation
1. a. No group or individual hospital service corporation contract providing hospital or medical expense benefits shall be delivered, issued, executed or renewed in...
- Section 17:48-6v - Hospital Service Corporation To Provide Coverage For Biologically-based Mental Illness.
1. a. Every individual and group hospital service corporation contract that provides hospital or medical expense benefits and is delivered, issued, executed or renewed...
- Section 17:48-6w - Coverage For Hemophilia Services By Hospital Service Corporations
7.Notwithstanding the provisions of P.L.1938, c.366 (C.17:48-1 et seq.) to the contrary, no individual or group contract shall be delivered, issued, executed or renewed...
- Section 17:48-6x - Hospital Service Corporation To Provide Coverage For Treatment Of Infertility.
1. a. A hospital service corporation contract which provides hospital or medical expense benefits for groups with more than 50 persons, which includes pregnancy-related...
- Section 17:48-6y - Hospital Service Corporation To Provide Coverage For Colorectal Cancer Screening.
1.Every hospital service corporation contract that provides hospital or medical expense benefits and is delivered, issued, executed or renewed in this State pursuant to...
- Section 17:48-6z - Hospital Service Corporation Prescription Drug Plans To Cover Certain Infant Formulas.
1.A hospital service corporation which provides hospital or medical expense benefits for expenses incurred in the purchase of prescription drugs under a contract that...
- Section 17:48-6aa - Contracts Issued Under C.17:48-1 et Seq. Required To Cover Certain Out-of-network Services.
7.Notwithstanding the provisions of P.L.1938, c.366 (C.17:48-1 et seq.) to the contrary, no individual or group contract shall be delivered, issued, executed or renewed...
- Section 17:48-6bb - Hospital Service Corporation To Offer Coverage For Domestic Partner.
47.A hospital service corporation that provides hospital or medical expense benefits under a contract that is delivered, issued, executed or renewed in this State...
- Section 17:48-6cc - Hospital Service Corporation, High Deductible, Coverage For Preventive Care.
5.No hospital service corporation contract providing hospital or medical expense benefits for groups with greater than 50 persons, that qualifies as a high deductible...
- Section 17:48-6dd - Hospital Service Corporation, High Deductible, Deductible Inapplicable, Certain Circumstances.
6.Notwithstanding the provisions of section 2 of P.L.1995, c.316 (C.17:48-6m) regarding deductibles for a high deductible health plan, a contract offered by a hospital...
- Section 17:48-6ee - Hospital Service Corporation, Coverage For Prescription Female Contraceptives.
1.A hospital service corporation that provides hospital or medical expense benefits for expenses incurred in the purchase of outpatient prescription drugs under a contract...
- Section 17:48-6ff - Hospital Service Corporation To Provide Benefits For Orthotic And Prosthetic Appliances.
1. a. Every hospital service corporation contract that provides hospital or medical expense benefits and is delivered, issued, executed or renewed in this State...
- Section 17:48-6gg - Hospital Service Corporation To Provide Coverage For Hearing Aids For Certain Persons Aged 15 Or Younger.
2.A hospital service corporation contract that provides hospital and medical expense benefits and is delivered, issued, executed or renewed in this State pursuant to...
- Section 17:48-6hh - Hospital Service Corporation To Provide Installment Payments To Obstetrical Provider For Maternity Services.
1. a. Every individual or group hospital service corporation contract that provides benefits for maternity services, and that is delivered, issued, executed or renewed...
- Section 17:48-6ii - Hospital Service Corporation To Provide Benefits For Treatment Of Autism Or Other Developmental Disability.
1.Notwithstanding any other provision of law to the contrary, every hospital service corporation contract that provides hospital and medical expense benefits and is delivered,...
- Section 17:48-6jj - Hospital Service Corporation To Provide Coverage For Oral Anticancer Medications.
1. a. A hospital service corporation contract that provides hospital and medical expense benefits and is delivered, issued, executed, or renewed in this State...
- Section 17:48-6kk - Hospital Service Corporation To Provide Coverage For Sickle Cell Anemia.
1.Every hospital service corporation contract that provides hospital and medical expense benefits and is delivered, issued, executed, or renewed in this State pursuant to...
- Section 17:48-6ll - Hospital Service Corporation To Provide Coverage For Prescription Eye Drops.
1. a. A hospital service corporation which provides hospital or medical expense benefits that include coverage for prescription eye drops under a contract delivered,...
- Section 17:48-6mm - Hospital Service Corporation Contract, Coverage For Synchronization Of Prescribed Medications.
1. a. Every group or individual hospital service corporation contract delivered, issued, executed or renewed in this State, or approved for issuance or renewal...
- Section 17:48-6.1 - Group Contracts Issued By Hospital Service Corporation.
2.A hospital service corporation may issue to a policyholder a group contract, covering at least two employees or members at the date of issue,...
- Section 17:48-6.2 - Provisions Applicable To Group Contracts; Subscriber Defined
The provisions of the act to which this act is a supplement shall apply to group contracts except that sections 6 and 9 of...
- Section 17:48-6.3 - Group Contract Form
Every group contract entered into by a hospital service corporation with any policyholder shall be in writing and a contract form stating the terms...
- Section 17:48-6.4 - Participation Agreements
A hospital service corporation of this State may enter into agreements to participate with other corporations in the issuance of group contracts to policyholders...
- Section 17:48-6.5 - Schedule Of Rates
No hospital service corporation shall issue group contracts which are not experience rated pursuant to section 5 of this act, until it shall have...
- Section 17:48-6.6 - Combined Hospital-medical Contracts
A hospital service corporation and a medical service corporation authorized to do business in this State may issue a combined contract providing for hospital...
- Section 17:48-6.7 - Review Of Determinations Of Commissioner Of Banking And Insurance
All determinations of the Commissioner of Banking and Insurance made under the provisions of this act, or of the act to which this act...
- Section 17:48-6.8 - Review Of Practices, Rules And Procedures Of Hospital Service Corporation
All practices, rules and procedures of a hospital service corporation, involving termination or refusal to renew coverage, modification of coverage or rates in the...
- Section 17:48-6.9 - Adjustment Of Rates; Experience Rating Formulas; Approval
Any group contract, covering at least 50 employees or members, may provide for the adjustment of the rate of premium at the end of...
- Section 17:48-6.10 - Definitions
As used in this act: a. "Group policy" means a group contract or individual group certificate delivered or issued for delivery by a hospital...
- Section 17:48-6.11 - Group Contract Or Individual Group Certificate; Total Disability Of Employee Or Member; Continuation Of Coverage; Conditions
A group contract or individual group certificate delivered or issued for delivery in this State which covers employees or members and their dependents for...
- Section 17:48-6.12 - Inapplicability Of Act If Insurer Not Have Right To Terminate Contract Or Certificate Without Consent Of Insured
The provisions of this act shall not apply to any contract or individual group certificate in which the insurer does not have the right...
- Section 17:48-6.13 - Hospital Service Corporation To Offer Basic Health Care Contracts
Every hospital service corporation authorized to do business in this State shall offer for sale individual and group basic health care contracts in accordance...
- Section 17:48-6.14 - Basic Health Care Contract; Provisions
51. a. A basic health care contract offered pursuant to section 50 of P.L.1991, c.187 (C.17:48-6.13) shall provide: (1) Basic hospital expense coverage for...
- Section 17:48-6.15 - Coverage Provided By Hospital Service Corporation For Subscriber's Child
1. a. A hospital service corporation contract which provides hospital or medical expense benefits under which dependent coverage is available shall not deny coverage...
- Section 17:48-6.16 - Requirements Applicable To State Medicaid
2. A hospital service corporation shall not impose requirements on the Division of Medical Assistance and Health Services in the Department of Human Services...
- Section 17:48-6.17 - Eligibility For Enrollment In Hospital Service Corporation
1.Notwithstanding any other provision of law to the contrary, a hospital service corporation shall not consider a person's eligibility for medical assistance pursuant to...
- Section 17:48-6.18 - Hospital Service Corporation Contract, Exclusion, Rates, Terms Based On Genetic Information Prohibited
11. Every individual or group hospital service corporation contract providing hospital or medical expense benefits that is delivered, issued, executed or renewed in this...
- Section 17:48-6.19 - Coverage For Certain Dependents Until Age 31 By Hospital Service Corporation.
1. a. As used in this section, "dependent" means a subscriber's child by blood or by law who: (1)is 30 years of age or...
- Section 17:48-7 - Health Care Facilities Eligible For Contracts; Approval Of Rates Of Payment
Any hospital service corporation may enter into contracts with health care facilities for the rendering of health care services to any of its subscribers...
- Section 17:48-8 - Filing Of Copy Of Contract Or Certificate And Applications, Etc., With Commissioner; Disapproval
No hospital service corporation shall enter into any contract with a subscriber unless and until it shall have filed with the Commissioner of Banking...
- Section 17:48-8.1 - Hospital Service Corporation Contract; Compliance
3. No hospital service corporation contract subject to the provisions of P.L.1938, c.366, (C.17:48-1 et seq.), or application for that contract, if a written...
- Section 17:48-8.2 - Filing Of Contract Or Related Form
4. a. Except as otherwise provided in P.L.1992, c.161 (C.17B:27A-2 et seq.) and P.L.1992, c.162 (C.17B:27A-17 et seq.), any contract subject to the provisions...
- Section 17:48-8.3 - Contract Forms; Certification Memorandum
5. a. Pursuant to the provisions of this section, a hospital service corporation authorized to do business in this State may file with the...
- Section 17:48-8.4 - Hospital Service Corporation To Receive, Transmit Transactions Electronically; Standards.
2. a. Within 180 days of the adoption of a timetable for implementation pursuant to section 1 of P.L.1999, c.154 (C.17B:30-23), a hospital service...
- Section 17:48-9 - Schedule Of Rates; Filing; Disapproval By Commissioner
No corporation subject to the provisions of this act shall enter into any contract with a subscriber unless and until it shall have filed...
- Section 17:48-10 - Solicitation And Administrative Expenses; Investment Of Funds; Surplus
No corporation subject to the provisions of this chapter shall during any one year disburse more than 10% of the aggregate amount of the...
- Section 17:48-11 - Statement Of Financial Condition; Inquiries By Commissioner; Penalties
Every hospital service corporation transacting business in this State shall annually on or before the first day of March file in the Department of...
- Section 17:48-12 - Examination Of Assets And Liabilities And Affairs; Expenses; Duty To Exhibit Books, Records And Accounts
The Commissioner of Banking and Insurance shall have the power, whenever he deems it expedient, to make or cause to be made an examination...
- Section 17:48-12.1 - Definitions.
11.As used in sections 11 through 15 of P.L.2014, c.81 (C.17:48-12.1 through C.17:48-12.5): "Commissioner" means the Commissioner of Banking and Insurance. "Hospital service corporation"...
- Section 17:48-12.2 - Increase In Amount Of Capital Or Surplus Required Of Hospital Service Corporation.
12.The commissioner may increase the amount of capital or surplus required of a hospital service corporation, or subsequently revise or redetermine that increase, using...
- Section 17:48-12.3 - Determination Of Increase, Revision Or Redetermination; Factors.
13.In determining any increase, revision or redetermination in the capital or surplus of a hospital service corporation pursuant to the provisions of section 12...
- Section 17:48-12.4 - Suspension, Revocation To Do Business.
14.The commissioner may suspend or revoke the authority to do business in this State of any hospital service corporation that does not comply with...
- Section 17:48-12.5 - Rules, Regulations.
15.The commissioner may promulgate regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C. 52:14B-1 et seq.) necessary to effectuate the purposes of sections...
- Section 17:48-14 - Fees
Every corporation to which this chapter shall be applicable shall pay the following fees to the Commissioner of Insurance for enforcement of the provisions...
- Section 17:48-15 - Violations Of Act; Penalties; Enforcement
Any hospital service corporation of this or any other State, country or province which shall have violated any of the provisions of or shall...
- Section 17:48-16 - Disputes Between Corporation And Hospitals; Review
Any dispute arising between a corporation subject to the provisions of this act and any hospital with which such corporation has a contract for...
- Section 17:48-17 - Application Of Chapter
The provisions of this chapter shall not apply to any corporation carrying on the business of life, health or accident insurance, for profit or...
- Section 17:48-18 - Corporation As Charitable And Benevolent Institution; Exemption From Taxation
Every corporation subject to the provisions of this chapter is hereby declared to be a charitable and benevolent institution and all of its funds...
- Section 17:48a-1 - Definitions; Liability For Medical Services
As used in this act the following words and phrases shall have the following meanings: A medical service corporation is any corporation organized, without...
- Section 17:48a-2 - Nonprofit Corporation; Trustees And Physicians; Who May Operate Medical Service Plan; Certificate Of Authority
No medical service corporation shall be converted into a corporation organized for pecuniary profit. Every such corporation shall be operated for the benefit of...
- Section 17:48a-2.1 - Medical Service Corporation Merger Procedure
A medical service corporation established pursuant to the provisions of P.L. 1940, c. 74 (C. 17:48A-1 et seq.) may merge with a hospital service...
- Section 17:48a-3 - Issuance Of Certificate Of Authority; Amendment; Counties Affected
The Commissioner of Banking and Insurance shall issue such certificate of authority to any such medical service corporation of this State when it shall...
- Section 17:48a-4 - Corporate Funds Required
No certificate of authority shall be issued to any medical service corporation except on receipt of evidence by the Commissioner of Banking and Insurance...
- Section 17:48a-5 - Subscription Contracts.
5.Every individual contract made by any corporation subject to the provisions of this chapter to provide payment for medical services shall provide for the...
- Section 17:48a-6 - Written Contracts Required; Subscription Certificates
Every individual contract entered into by any such corporation with any subscriber shall be in writing and a certificate stating the terms and conditions...
- Section 17:48a-6.1 - Elective Surgery; Definitions
As used in this act: a. "Elective surgical procedure" means any nonemergency surgical procedure which may be scheduled at the convenience of the patient...
- Section 17:48a-6.2 - Second Surgical Opinion Program
Any corporation issuing a group or individual contract in accordance with chapter 48A of Title 17 of the Revised Statutes, which provides payment for...
- Section 17:48a-6.3 - Payment For Second Surgical Opinion
A second surgical opinion program shall provide for payment for the second surgical opinion of an eligible physician and for essential laboratory and X-ray...
- Section 17:48a-6.4 - Third Surgical Opinion
If a second surgical opinion does not confirm that the proposed elective surgical procedure is medically advisable, the program shall cover a third surgical...
- Section 17:48a-6.5 - Second Opinion Exclusions
A second surgical opinion program may exclude benefits while the patient is confined in a hospital as an inpatient, any surgical procedures not covered...
- Section 17:48a-6.6 - Physicians Furnishing Opinion And Performing Surgical Procedure; Payment
If a physician who furnishes a second or third surgical opinion also performs the surgical procedure, the second surgical opinion program need not provide...
- Section 17:48a-6.7 - Application
This act shall apply to all contracts in which the corporation has reserved the right to change the premium. L.1979, c. 327, s. 7.
- Section 17:48a-6.8 - Medical Service Corporations To Offer Basic Health Care Contracts
Every medical service corporation authorized to do business in this State shall offer for sale individual and group basic health care contracts in accordance...
- Section 17:48a-6.9 - Basic Health Care Contract; Provisions
53. a. A basic health care contract offered pursuant to section 52 of P.L.1991, c.187 (C.17:48A-6.8) shall provide: (1) Basic hospital expense coverage for...
- Section 17:48a-6.10 - Eligibility For Enrollment In Medical Service Corporation
2.Notwithstanding any other provision of law to the contrary, a medical service corporation shall not consider a person's eligibility for medical assistance pursuant to...
- Section 17:48a-6.11 - Medical Service Corporation Contract, Exclusion, Rates, Terms Based On Genetic Information Prohibited.
12. Every individual or group medical service corporation contract providing hospital or medical expense benefits that is delivered, issued, executed or renewed in this...
- Section 17:48a-7 - Formal Requirements For Subscription Certificates
In every such subscription certificate issued or delivered by any medical service corporation of this State: (a) All printed portions shall be plainly printed...
- Section 17:48a-7a - Treatment Of Alcoholism; Benefits
No group or individual contract providing hospital or medical expense benefits shall be delivered, issued, executed or renewed in this State, or approved for...
- Section 17:48a-7b - Reconstructive Breast Surgery; Benefits
1. Every subscription certificate and group and individual contract providing medical service benefits delivered, issued, executed or renewed in this State, or approved for...
- Section 17:48a-7c - Medical Service Contracts
Every group and individual contract providing medical service benefits delivered, issued, executed or renewed in this State, or approved for issuance or renewal in...
- Section 17:48a-7d - Medical Service Corporation Insurance Benefits For Preexisting Condition
a. Notwithstanding any other provision of law to the contrary, no group health insurance contract issued by a medical service corporation pursuant to the...
- Section 17:48a-7e - Medical Service Corporation To Pay Benefits For Treatment Of Wilm's Tumor
Every group or individual medical service corporation contract providing hospital or medical expense benefits shall provide benefits to any subscriber or other person covered...
- Section 17:48a-7f - Medical Service Corporation Contract, Mammogram Examination Benefits.
2. a. No group or individual medical service corporation contract providing hospital or medical expense benefits shall be delivered, issued, executed, or renewed in...
- Section 17:48a-7g - Medical Service Corporation, Benefits For "Off-label" Drugs Required
3. a. Except as provided in P.L.1992, c.161 (C.17B:27A-2 et al.) and P.L.1992, c.162 (C.17B:27A-17 et seq.), no group or individual medical service corporation...
- Section 17:48a-7h - Medical Service Corporation, Benefits For Health Promotion
4. a. Every medical service corporation contract that provides hospital and medical expense benefits and is delivered, issued, executed or renewed in this State...
- Section 17:48a-7i - Requirements For Medical Service Corporation Providing Benefits For Pharmacy Services.
2. a. Notwithstanding any other provision of law to the contrary, no group or individual medical service corporation contract which provides benefits for pharmacy...
- Section 17:48a-7j - Benefits For Certain Cancer Treatments
2. In addition to benefits provided under regulations adopted pursuant to P.L.1992, c.161 (C.17B:27A-2 et seq.) and P.L.1992, c.162 (C.17B:27A-17 et seq.), a medical...
- Section 17:48a-7k - Coverage For Birth And Natal Care; Medical Service Corporation
2. a. Every individual or group contract that provides maternity benefits and is delivered, issued, executed or renewed in this State pursuant to P.L.1940,...
- Section 17:48a-7l - Coverage For Diabetes Treatment By Individual, Group Medical Service Corporation
2. a. Every individual or group medical service corporation contract providing hospital or medical expense benefits that is delivered, issued, executed or renewed in...
- Section 17:48a-7m - Medical Service Corporation Contract, Pap Smear Benefits
3.No medical service corporation contract providing hospital or medical expense benefits for groups with greater than 50 persons shall be delivered, issued, executed or...
- Section 17:48a-7n - Medical Service Corporation Contract, Prostate Cancer Testing
3. No medical service corporation contract providing hospital or medical expense benefits for groups with greater than 49 persons shall be delivered, issued, executed...
- Section 17:48a-7o - Coverage For Minimum Inpatient Care Following Mastectomy By Individual, Group Medical Service Corporation
2. a. Every individual or group medical service corporation contract that provides hospital or medical expense benefits and is delivered, issued, executed or renewed...
- Section 17:48a-7p - Applicability Of Health Care Quality Act
26. Notwithstanding the provisions of P.L.1940, c.74 (C.17:48A-1 et seq.) to the contrary, no individual or group contract shall be delivered, issued, executed or...
- Section 17:48a-7q - Coverage For Treatment Of Inherited Metabolic Diseases By Medical Service Corporation.
2.No group or individual medical service corporation contract providing hospital or medical expense benefits shall be delivered, issued, executed or renewed in this State,...
- Section 17:48a-7r - Medical Service Corporation To Cover Certain Audiology, Speech-language Pathology Services.
3.Notwithstanding any other provision of P.L.1940, c.74 (C.17:48A-1 et seq.), benefits shall not be denied to any eligible individual for eligible services, as determined...
- Section 17:48a-7s - Coverage For Treatment Of Domestic Violence Injuries By Medical Service Corporation.
2.Except as otherwise provided in P.L.1992, c.161 (C.17B:27A-2 et seq.) and P.L.1992, c.162 (C.17B:27A-17 et seq.), no group or individual medical service corporation contract...
- Section 17:48a-7t - Coverage For Certain Dental Procedures For The Severely Disabled Or Child Age Five Or Under By Medical Service Corporation
2. a. No group or individual medical service corporation contract providing hospital or medical expense benefits shall be delivered, issued, executed or renewed in...
- Section 17:48a-7u - Medical Service Corporation To Provide Coverage For Biologically-based Mental Illness.
2. a. Every individual and group medical service corporation contract that provides hospital or medical expense benefits that is delivered, issued, executed or renewed...
- Section 17:48a-7v - Coverage For Hemophilia Services By Medical Services Corporation
8.Notwithstanding the provisions of P.L.1940, c.74 (C.17:48A-1 et seq.) to the contrary, no individual or group contract shall be delivered, issued, executed or renewed...
- Section 17:48a-7w - Medical Service Corporation To Provide Coverage For Treatment Of Infertility.
2. a. A medical service corporation contract which provides hospital or medical expense benefits for groups with more than 50 persons, which includes pregnancy-related...
- Section 17:48a-7x - Medical Service Corporation To Provide Coverage For Colorectal Cancer Screening.
2.Every medical service corporation contract that provides hospital or medical expense benefits and is delivered, issued, executed or renewed in this State pursuant to...
- Section 17:48a-7y - Medical Service Corporation Prescription Drug Plans To Cover Certain Infant Formulas.
2.A medical service corporation which provides hospital or medical expense benefits for expenses incurred in the purchase of prescription drugs under a contract that...
- Section 17:48a-7z - Contract Issued Under C.17:48a-1 et Seq. Required To Cover Certain Out-of-network Services.
8. Notwithstanding the provisions of P.L.1940, c.74 (C.17:48A-1 et seq.) to the contrary, no individual or group contract shall be delivered, issued, executed or...
- Section 17:48a-7aa - Medical Service Corporation To Offer Coverage For Domestic Partner.
48.A medical service corporation that provides hospital or medical expense benefits under a contract that is delivered, issued, executed or renewed in this State...
- Section 17:48a-7bb - Medical Service Corporation, Coverage For Prescription Female Contraceptives.
2.A medical service corporation that provides hospital or medical expense benefits for expenses incurred in the purchase of outpatient prescription drugs under a contract...
- Section 17:48a-7cc - Medical Service Corporation To Provide Benefits For Orthotic And Prosthetic Appliances.
2. a. Every medical service corporation contract that provides hospital or medical expense benefits and is delivered, issued, executed or renewed in this State...
- Section 17:48a-7dd - Medical Service Corporation To Provide Coverage For Hearing Aids For Certain Persons Aged 15 Or Younger.
3.A medical service corporation contract that provides hospital and medical expense benefits and is delivered, issued, executed or renewed in this State pursuant to...
- Section 17:48a-7ee - Individual, Group Medical Service Corporation To Provide Installment Payments To Obstetrical Provider For Maternity Services.
2. a. Every individual or group medical service corporation contract that provides benefits for maternity services, and that is delivered, issued, executed or renewed...
- Section 17:48a-7ff - Medical Service Corporation To Provide Benefits For Treatment Of Autism Or Other Developmental Disability.
2.Notwithstanding any other provision of law to the contrary, every medical service corporation contract that provides hospital and medical expense benefits and is delivered,...
- Section 17:48a-7gg - Medical Service Corporation To Provide Coverage For Oral Anticancer Medications.
2. a. A medical service corporation contract that provides hospital and medical expense benefits and is delivered, issued, executed, or renewed in this State...
- Section 17:48a-7hh - Medical Service Corporation To Provide Coverage For Sickle Cell Anemia.
2.Every medical service corporation contract that provides hospital and medical expense benefits and is delivered, issued, executed, or renewed in this State pursuant to...
- Section 17:48a-7ii - Medical Service Corporation To Provide Coverage For Prescription Eye Drops.
2. a. A medical service corporation which provides hospital or medical expense benefits that include coverage for prescription eye drops under a contract delivered,...
- Section 17:48a-7jj - Medical Service Corporation Contract, Coverage For Synchronization Of Prescribed Medications.
2. a. Every group or individual medical service corporation contract delivered, issued, executed or renewed in this State, or approved for issuance or renewal...
- Section 17:48a-7.1 - Group Contracts; Issuance; Description; Benefits; Employees Defined.
1.A medical service corporation may issue to a policyholder a group contract, covering at least 10 employees or members at the date of issue,...
- Section 17:48a-7.2 - Provisions Applicable To Group Contracts
The provisions of the act to which this act is a supplement shall apply to group contracts except that sections 5, 6, 7 and...
- Section 17:48a-7.3 - Group Contract Form
Every group contract entered into by a medical service corporation with any policyholder shall be in writing and a contract form stating the terms...
- Section 17:48a-7.4 - Participation Agreements
A medical service corporation of this State may enter into agreements to participate with other corporations in the issuance of group contracts to policyholders...
- Section 17:48a-7.5 - Schedule Of Rates
No medical service corporation shall issue group contracts which are not experience-rated pursuant to section 4 of this act, until it shall have filed...
- Section 17:48a-7.6 - Combined Hospital-medical Contract
A medical service corporation and a hospital service corporation authorized to do business in this State may issue a combined contract providing for medical...
- Section 17:48a-7.7 - Review Of Determinations Of Commissioner Of Banking And Insurance
All determinations of the Commissioner of Banking and Insurance made under the provisions of this act, or the act to which this act is...
- Section 17:48a-7.8 - Review Of Practices, Rules And Procedures Of Medical Service Corporations
All practices, rules, and procedures of a medical service corporation, involving termination or refusal to renew coverage, modification of coverage or rates in the...
- Section 17:48a-7.9 - Adjustment Of Rates; Experience Rating Formula; Approval
Group contracts, covering at least 50 employees or members, may provide for the adjustment of the rate of premium at the end of the...
- Section 17:48a-7.10 - Coverage Provided By Medical Service Corporation For Subscriber's Child
3. a. A medical service corporation contract which provides hospital or medical expense benefits under which dependent coverage is available shall not deny coverage...
- Section 17:48a-7.11 - Requirements Applicable To State Medicaid
4. A medical service corporation shall not impose requirements on the Division of Medical Assistance and Health Services in the Department of Human Services...
- Section 17:48a-7.12 - Medical Service Corporation To Receive, Transmit Transactions Electronically; Standards.
3. a. Within 180 days of the adoption of a timetable for implementation pursuant to section 1 of P.L.1999, c.154 (C.17B:30-23), a medical service...
- Section 17:48a-7.13 - Coverage For Certain Dependents Until Age 31 By Medical Service Corporation.
2. a. As used in this section, "dependent" means a subscriber's child by blood or by law who: (1)is 30 years of age or...
- Section 17:48a-8 - Participating Physicians; Payments For Medical Services
Any medical service corporation may enter into agreements with eligible persons whereby such persons become participating physicians of a plan operated by the corporation...
- Section 17:48a-9 - Filing Form Of Subscription Certificate, Etc.; Disapproval By Commissioner
No subscription certificate shall be issued by any medical service corporation to any subscriber unless and until the form thereof shall have been filed...
- Section 17:48a-9.1 - Medical Service Corporation Contract; Compliance
7. No medical service corporation contract subject to the provisions of P.L.1940, c.74, (C.17:48A-1 et seq.) or application for that contract, if a written...
- Section 17:48a-9.2 - Filing Of Contract Or Related Forms
8. a. Except as otherwise provided in P.L.1992, c.161 (C.17B:27A-2 et seq.) and P.L.1992, c.162 (C.17B:27A-17 et seq.), any contract subject to the provisions...
- Section 17:48a-9.3 - Contract Forms; Certification Memorandum
9. a. Pursuant to the provisions of this section, a medical service corporation authorized to do business in this State may file with the...
- Section 17:48a-10 - Schedule Of Rates; Filing, Disapproval
No corporation subject to the provisions of this act shall enter into any contract with a subscriber unless and until it shall have filed...
- Section 17:48a-11 - Agreements With Physicians; Approval Of Payments; Corporate Records
No corporation subject to the provisions of this chapter shall enter into any contract with a subscriber unless and until it shall have filed...
- Section 17:48a-12 - Expenditures In Soliciting Subscribers
No corporation subject to the provisions of this chapter shall disburse during any one calendar year more than ten per centum (10%) of the...
- Section 17:48a-13 - Administrative Expenses
No such corporation shall disburse during any one year, a sum greater than twenty per centum (20%) of payments received from subscribers during that...
- Section 17:48a-14 - Investments; Surplus
The funds of any medical service corporation may be invested only in accordance with the requirements now or hereafter provided by law for the...
- Section 17:48a-15 - Statement Of Financial Condition; Inquiries By Commissioner
Every medical service corporation transacting business in this State shall file annually, on or before the first day of March, in the Department of...
- Section 17:48a-16 - Failure To File Statement Or Answer Inquiries; Penalty
Any medical service corporation neglecting to make and file its annual statement in the form and within the time provided by the last preceding...
- Section 17:48a-17 - Examination Of Assets And Affairs; Assistants
The Commissioner of Banking and Insurance shall have the power, whenever he deems the same expedient, to make or cause to be made an...
- Section 17:48a-18 - Expense Of Examination; Gifts, Etc., To Departmental Employees
The reasonable expense of such examination shall be fixed and determined by the Commissioner of Banking and Insurance, and he shall collect the same...
- Section 17:48a-19 - Exhibition Of Records And Accounts; Examinations Under Oath
It shall be the duty of the officers, agents and employees of any such corporation to exhibit all its books, records and accounts for...
- Section 17:48a-19.1 - Definitions.
16.As used in sections 16 through 20 of P.L.2014, c.81 (C.17:48A-19.1 through C.17:48A-19.5): "Commissioner" means the Commissioner of Banking and Insurance. "Medical service corporation"...
- Section 17:48a-19.2 - Increase In Amount Of Capital Or Surplus Required Of Medical Service Corporation.
17.The commissioner may increase the amount of capital or surplus required of a medical service corporation, or subsequently revise or redetermine that increase, using...
- Section 17:48a-19.3 - Determination Of Increase, Revision Or Redetermination; Factors.
18.In determining any increase, revision or redetermination in the capital or surplus of a medical service corporation pursuant to the provisions of section 17...
- Section 17:48a-19.4 - Suspension, Revocation Of Authority To Do Business.
19.The commissioner may suspend or revoke the authority to do business in this State of any medical service corporation that does not comply with...
- Section 17:48a-19.5 - Rules, Regulations.
20.The commissioner may promulgate regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) necessary to effectuate the purposes of sections 16...
- Section 17:48a-21 - Fees
Every corporation to which this chapter shall be applicable shall pay the following fees to the Commissioner of Insurance for enforcement of the provisions...
- Section 17:48a-22 - Violations Of Chapter; Penalty And Recovery Thereof; Misdemeanors
Any medical service corporation of this or any other State, country or province which shall have violated any of the provisions of or shall...
- Section 17:48a-23 - Grants For Needy Persons
A medical service corporation may receive and accept from any governmental agencies any grant or allocation of funds for the purpose of providing payment...
- Section 17:48a-24 - Corporation As Charitable And Benevolent Institution; Tax Exemption
Any corporation subject to the provisions of this act is hereby declared to be a charitable and benevolent institution, and its funds and property...
- Section 17:48a-25 - Partial Invalidity
Should any provision or section of this act be held invalid for any reason, such holding shall not be construed as affecting the validity...
- Section 17:48a-26 - Podiatrist, Services Performed By.
1.Notwithstanding any other provision of the act to which this act is a supplement, benefits shall not be denied to an eligible individual for...
- Section 17:48a-27 - Bio-analytical Laboratory, Services Performed By
Notwithstanding any other provision of the act to which this act is a supplement, benefits shall not be denied to an eligible individual for...
- Section 17:48a-28 - Dentists, Services Performed By
Notwithstanding any other provision of the act to which this act is a supplement, benefits shall not be denied to an eligible individual for...
- Section 17:48a-28.1 - Policies Providing For Reimbursement Of Services Of Dentist; Additional Applicable Provisions
Notwithstanding any provision of a group or individual policy or contract of a medical service plan, whenever such a policy or contract provides for...
- Section 17:48a-28.2 - Application Of Act To Contracts With Reservation Of Right To Change Premium
This act shall apply to all contracts in which the company has reserved the right to change the premium. L.1978, c. 187, s. 2,...
- Section 17:48a-29 - Optometrist, Services Performed By
Notwithstanding any other provision of the act to which this act is a supplement, benefits shall not be denied to an eligible individual for...
- Section 17:48a-30 - Psychologist, Services Performed By
Notwithstanding any other provision of the act to which this act is a supplement, benefits shall not be denied to any eligible individual for...
- Section 17:48a-31 - Physical Therapist, Services Performed By
Notwithstanding any other provision of the act to which this act is a supplement, benefits shall not be denied to an eligible individual for...
- Section 17:48a-32 - Chiropractors; Authorization For Payment For Diagnostic X-rays; Inclusion In Act As Physician Licensed To Practice Medicine Or Surgery; Liberal Construction
To the extent that under any contract issued by any medical service corporation, or rider or supplement thereto, payment is authorized to physicians licensed...
- Section 17:48a-33 - Chiropractors, Services Performed By
Notwithstanding any other provision of P.L.1940, c. 74 (C. 17:48A-1 et seq.), benefits shall not be denied to any eligible individual for eligible services...
- Section 17:48a-34 - Nurse-midwives, Services Performed By
Notwithstanding any other provision of P.L.1940, c. 74 (C. 17:48A-1 et seq.), benefits shall not be denied to any eligible individual for eligible services...
- Section 17:48a-35 - Services Provided By Registered Professional Nurse; Benefits
Notwithstanding any other provision of P.L. 1940, c. 74 (C. 17:48A-1 et seq.), benefits shall not be denied to any eligible individual for eligible...
- Section 17:48b-1 - Additional Powers
Any hospital service corporation and any medical service corporation, organized pursuant to the laws of this State, in addition to other powers conferred upon...
- Section 17:48b-2 - Rules And Regulations
The Commissioner of Banking and Insurance is authorized to promulgate rules and regulations, not inconsistent with this act, with respect to the keeping of...
- Section 17:48c-1 - Objects And Purposes
The objects and purposes of a dental service corporation authorized pursuant to this act shall be to establish, maintain and operate a nonprofit dental...
- Section 17:48c-2 - Definitions.
2.As used in this act the following words and phrases shall have the stated meanings unless a different meaning clearly appears from the context:...
- Section 17:48c-3 - Nonprofit Corporation; Restrictions As To Methods Of Diagnosis And Treatment; Dissolution
No dental service corporation shall be converted into a corporation organized for pecuniary profit. Every such corporation shall be operated for the benefit of...
- Section 17:48c-4 - Certificate Of Authority; Application; Issuance; Amendment
A nonprofit corporation organized under Title 15 of the Revised Statutes for the purpose of establishing, maintaining and operating a nonprofit dental service plan,...
- Section 17:48c-4.1 - Supplying Administrative Services By Dental Service Corporation
1. A dental service corporation may supply administrative services only. L.1993,c.261,s.1.
- Section 17:48c-5 - Standards In Reviewing Application.
5.In reviewing any application for authority to operate under this act, the commissioner shall be guided by the following standards: (a)It shall be shown...
- Section 17:48c-6 - Board Of Trustees; Membership; Chairman.
6.The activities and operations of a dental service corporation shall be conducted by a board of trustees composed initially of an even number of...
- Section 17:48c-7 - Contracts; Provisions.
7.Every contract made by any dental service corporation to provide payment for dental service shall provide for the payment for dental service for a...
- Section 17:48c-8 - Written Contracts Required; Subscription Certificate; Provisions Required
Every contract entered into by the corporation with any subscriber shall be in writing and a certificate stating the terms and conditions thereof shall...
- Section 17:48c-8.1 - Dental Service Corporation To Receive, Transmit Transactions Electronically.
8. a. Within 180 days of the adoption of a timetable for implementation pursuant to section 1 of P.L.1999, c.154 (C.17B:30-23), a dental service...
- Section 17:48c-8.2 - Dental Service Corporation To Offer Coverage For Domestic Partner.
55.Every dental service corporation contract that is delivered, issued, executed or renewed in this State pursuant to P.L.1968, c.305 (C.17:48C-1 et seq.) or approved...
- Section 17:48c-8.3 - Payment Of Out-of-network Benefits By Dental Service Corporation.
1. a. (1) Except as provided in subsection e. of this section, a dental service corporation that makes a dental benefit payment to a...
- Section 17:48c-9 - Additional Payments By Subscribers
Any dental service corporation may classify subscribers whereby under specified circumstances a subscriber or covered dependents may pay a participating dentist for dental services...
- Section 17:48c-10 - Liability Of Corporation For Injuries
Any subscription certificate may contain a provision that all dental services paid for by a dental service corporation shall be in accordance with the...
- Section 17:48c-11 - Formal Requirements For Subscription Certificates
In every subscription certificate issued or delivered by any dental service corporation of this State: (a) All printed portions shall be plainly printed in...
- Section 17:48c-12 - Participating Dentists; Payments For Dental Services
Any dental service corporation may enter into agreements with eligible dentists whereby such dentists become participating dentists in a plan operated by the corporation...
- Section 17:48c-13 - Filing Form Of Subscription Certificate; Disapproval
No subscription certificate shall be issued by any dental service corporation to any subscriber unless and until the form thereof shall have been filed...
- Section 17:48c-14 - Schedule Of Rates; Filing; Disapproval
No dental service corporation shall enter into any contract with a subscriber unless and until it shall have filed with the commissioner a full...
- Section 17:48c-15 - Agreements With Dentists; Approval Of Payments; Corporate Records.
15.No dental service corporation shall enter into any contract with a subscriber unless and until it shall have filed with the commissioner a copy...
- Section 17:48c-16 - Group Contract; Benefits; "Employees" Defined.
16.A dental service corporation may also issue to a policyholder a group contract, covering at least one employee other than a proprietor, a partner...
- Section 17:48c-17 - Application Of Act To Group Contracts; "Subscriber" Defined
The provisions of this act shall apply to group contracts except that sections 7, 8, 11 and 14 of this act shall not apply....
- Section 17:48c-18 - Written Group Contracts; Statements.
18.Every group contract entered into by a dental service corporation with any policyholder shall be in writing and a contract form stating the terms...
- Section 17:48c-18.1 - Alternative Dental Coverage; Original Coverage Restricted To Limited Number Of Providers
Each employer or other organization which employs or has 25 or more employees or members during the full preceding calendar year and which contributes...
- Section 17:48c-18.2 - Employer Contribution
An employer or other organization shall be required to pay for or contribute towards the provision of alternative coverage an amount equal to the...
- Section 17:48c-18.3 - Rules And Regulations
Within 120 days of the effective date of this act, the Commissioner of the Department of Insurance shall promulgate rules and regulations necessary to...
- Section 17:48c-19.1 - Adjustment Of Rate Of Premium For Dental Service Corporations, Certain Circumstances.
1. a. A group contract covering at least 10 employees or members may provide for the adjustment of the rate of premium based on...
- Section 17:48c-20 - Agreements For Participation With Other Corporations For Issuance Of Group Contracts.
20.A dental service corporation of this State may enter into agreements to participate with other corporations in the issuance of group contracts to policyholders...
- Section 17:48c-21 - Experience Rates, Commissioner's Determination.
21.No dental service corporation shall issue group contracts which are not experience rated pursuant to section 20 of this act, if the commissioner has...
- Section 17:48c-22 - Practices, Rules And Procedures Subject To Review; Orders; Disapproval; Judicial Review
All practices, rules and procedures of a dental service corporation, involving termination or refusal to renew coverage, modification of coverage or rates in the...
- Section 17:48c-23 - Fees
Every corporation to which this act shall be applicable shall pay the following fees to the commissioner for enforcement of the provisions of this...
- Section 17:48c-24 - Disbursements By Corporation
If the commissioner shall determine that the amount disbursed during any 12-month period by a dental service corporation as expenses of operation is excessive...
- Section 17:48c-25 - Investments; Surplus
The funds of any dental service corporation may be invested only in accordance with the requirements now or hereafter provided by law for the...
- Section 17:48c-26 - Statement Of Financial Condition; Inquiries By Commissioner
Every dental service corporation transacting business in this State shall file annually, on or before March 1, in the Department of Banking and Insurance,...
- Section 17:48c-27 - Failure To File Statement Or Answer Inquiries; Penalty
Any dental service corporation neglecting to make and file its annual statement as required by section 26 of this act, or neglecting to reply...
- Section 17:48c-28 - Examination Of Assets And Affairs
(a) The commissioner shall have the power, whenever he deems the same expedient, to make or cause to be made an examination of the...
- Section 17:48c-28.1 - Definitions.
21.As used in sections 21 through 25 of P.L.2014, c.81 (C.17:48C-28.1 through C.17:48C-28.5): "Commissioner" means the Commissioner of Banking and Insurance. "Dental service corporation"...
- Section 17:48c-28.2 - Increase In Amount Of Capital Or Surplus Required Of Dental Service Corporation.
22.The commissioner may increase the amount of capital or surplus required of a dental service corporation, or subsequently revise or redetermine that increase, using...
- Section 17:48c-28.3 - Determination Of Increase, Revision Or Redetermination; Factors.
23.In determining any increase, revision or redetermination in the capital or surplus of a dental service corporation pursuant to the provisions of section 22...
- Section 17:48c-28.4 - Suspension, Revocation Of Authority To Do Business.
24.The commissioner may suspend or revoke the authority to do business in this State of any dental service corporation that does not comply with...
- Section 17:48c-28.5 - Rules, Regulations.
25.The commissioner may promulgate regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) necessary to effectuate the purposes of sections 21...
- Section 17:48c-30 - Violations Of Chapter; Penalty And Recovery Thereof; Misdemeanors
Any dental service corporation which shall have violated any of the provisions of, or shall have neglected, failed or refused to comply with, any...
- Section 17:48c-31 - Grants Or Allocation Of Funds
A dental service corporation may receive and accept from any governmental agencies, Federal, State or local, any grant or allocation of funds for the...
- Section 17:48c-32 - Corporation As Charitable And Benevolent Institution; Tax Exemption
Every dental service corporation is hereby declared to be a charitable and benevolent institution, and its funds and property shall be exempt from taxation...
- Section 17:48c-33 - Partial Invalidity
Should any provision or section of this act be held invalid for any reason, such holding shall not be construed as affecting the validity...
- Section 17:48c-34 - Application Of Act
No person, association or corporation shall engage in any activity provided for in this act unless organized and authorized in accordance with its provisions;...
- Section 17:48c-35 - Liberal Construction
This act shall be liberally construed to the end that its objectives may be achieved with maximum flexibility and variety. L.1968, c. 305, s....
- Section 17:48c-36 - Short Title
This act shall be known and may be referred to by its short title as the "Dental Service Corporation Act of 1968." L.1968, c....
- Section 17:48d-1 - Title Of Act
This act shall be known and may be cited as the "Dental Plan Organization Act." L.1979, c. 478, s. 1.
- Section 17:48d-2 - Definitions.
2.In this act, unless the context otherwise requires: "Capitation" means a method of compensation by a dental plan organization to its contracted dentists for...
- Section 17:48d-3 - Application For Certificate Of Authority.
3. a. No person may establish, operate or administer a dental plan organization, or sell or offer to sell, or solicit offers to purchase,...
- Section 17:48d-3.1 - Consultants
No person shall be employed as a consultant by an employer, union, trust fund or dental plan organization or applicant, except in accordance with...
- Section 17:48d-3.2 - Fiduciary Capacity Of Consultants; Compensation
A consultant shall be a fiduciary of the employer, union, trust fund or dental plan organization with which employed and shall not be entitled...
- Section 17:48d-3.3 - Report Regarding Finders
A dental plan organization, employer, union or trust fund shall report to the commissioner the name and address of, and the amount of any...
- Section 17:48d-4 - Notice Of Modification Of Information.
4.Sixty days prior to any significant modification of information submitted with the application for a certificate of authority or a subsequent modification, a dental...
- Section 17:48d-5 - Conditions For Issuance; Notice Of Disapproval.
5. a. The commissioner shall issue a certificate of authority if he is satisfied that the following conditions are met: (1)The persons responsible for...
- Section 17:48d-6 - General Surplus Of Plan
The commissioner may determine, at his discretion, the amount of a general surplus, if any, that the dental plan organization shall be required to...
- Section 17:48d-7 - Special Contingent Surplus For Organizations Using More Than 20 Full-time Dentists
A dental plan organization utilizing in the aggregate the services of more than 20 full-time equivalent dentists shall accumulate and maintain a special contingent...
- Section 17:48d-8 - Fidelity Bonding Of Officers, Etc., Malpractice Insurance Of Dentists.
8. a. Any director, officer, employee or partner of a dental plan organization who receives, collects, reimburses or invests moneys in connection with the...
- Section 17:48d-9 - Evidence Of Coverage.
9. a. An enrollee shall be entitled to receive evidence of coverage or a certificate indicating specifically the nature and extent of coverage, and...
- Section 17:48d-9.1 - Alternative Dental Coverage; Original Coverage Restricted To Limited Number Of Providers
Each employer or other organization which employs or has 25 or more employees or members during the full preceding calendar year and which contributes...
- Section 17:48d-9.2 - Employer Contribution
An employer or other organization shall be required to pay for or contribute towards the provision of alternative coverage an amount equal to the...
- Section 17:48d-9.3 - Rules And Regulations
Within 120 days of the effective date of this act, the Commissioner of the Department of Insurance shall promulgate rules and regulations necessary to...
- Section 17:48d-9.4 - Dental Plan Organization To Receive, Transmit Transactions Electronically.
9. a. Within 180 days of the adoption of a timetable for implementation pursuant to section 1 of P.L.1999, c.154 (C.17B:30-23), a dental plan...
- Section 17:48d-9.5 - Dental Plan Organization To Offer Coverage For Domestic Partner.
56.Every dental plan organization contract that is delivered, issued, executed or renewed in this State pursuant to P.L.1979, c.478 (C.17:48D-1 et seq.) or approved...
- Section 17:48d-9.6 - Payment Of Out-of-network Benefits By Dental Plan Organization.
2. a. (1) Except as provided in subsection e. of this section, a dental plan organization that makes a dental benefit payment to an...
- Section 17:48d-10 - Schedule Of Premiums, Approval By Commissioner; Establishment Of Premiums.
10. a. No schedule of premiums for coverage for dental services, or amendment thereto, may be used by a dental plan organization until a...
- Section 17:48d-11 - Books, Records; Examination, Inspection By Commissioner.
11. a. The commissioner or the commissioner's designee may, as often as the commissioner may reasonably determine, investigate the business and examine the books,...
- Section 17:48d-11.1 - Definitions.
26.As used in sections 26 through 30 of P.L.2014, c.81 (C.17:48D-11.1 through C.17:48D-11.5): "Commissioner" means the Commissioner of Banking and Insurance. "Dental plan organization"...
- Section 17:48d-11.2 - Increase In Amount Of Capital Or Surplus Required Of Dental Plan Organization.
27.The commissioner may increase the amount of capital or surplus required of a dental plan organization, or subsequently revise or redetermine that increase, using...
- Section 17:48d-11.3 - Determination Of Increase, Revision Or Redetermination; Factors.
28.In determining any increase, revision or redetermination in the capital or surplus of a dental plan organization pursuant to the provisions of section 27...
- Section 17:48d-11.4 - Suspension, Revocation Of Authority To Do Business.
29.The commissioner may suspend or revoke the authority to do business in this State of any dental plan organization that does not comply with...
- Section 17:48d-11.5 - Rules, Regulations.
30.The commissioner may promulgate regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) necessary to effectuate the purposes of sections 26...
- Section 17:48d-12 - Complaint System, Records.
12. a. A dental plan organization shall establish and maintain a complaint system to provide reasonable procedures for the resolution of written complaints initiated...
- Section 17:48d-13 - Annual Report; Filing; Forms.
13. a. Every dental plan organization annually on or before March 1 shall file with the commissioner a report covering its activities for the...
- Section 17:48d-14 - Percentage Of Premiums Used For Payments.
14. At least 70 percent of every dental plan organization's earned premium in the first year of operation, 75 percent in the second year,...
- Section 17:48d-15 - False Or Misleading Advertising; Enforcement.
15. a. No dental plan organization, or representative thereof, may cause or knowingly permit the use of advertising which is untrue or misleading, solicitation...
- Section 17:48d-16 - Suspension, Revocation Of Certificate Of Authority.
16. a. The commissioner may suspend or revoke any certificate of authority issued to a dental plan organization pursuant to this act, if he...
- Section 17:48d-17 - Cease And Desist Orders
a. The commissioner may issue an order directing a dental plan organization or a representative of a dental plan organization to cease and desist...
- Section 17:48d-18 - Violations; Civil Penalty.
18. Any dental plan organization which violates any provisions of this act, or neglects, fails or refuses to comply with any of the requirements...
- Section 17:48d-20 - Applications, Filings And Reports Treated As Public Documents
Applications, filings and reports required under this act except contracts referred to in section 3. c. (4) and 3. c. (5) of this act,...
- Section 17:48d-21 - Confidentiality Of Diagnostic, Treatment Information.
21. Data or information pertaining to the diagnosis, treatment or health of any covered person obtained by the dental plan organization from the covered...
- Section 17:48d-23 - Rules And Regulations
The commissioner may promulgate such rules and regulations as he may deem necessary to effectuate the purposes of this act. L.1979, c. 478, s.
- Section 17:48d-24 - Severability
If any section, term or provision of this act shall be adjudged invalid for any reason, such judgment shall not affect, impair or invalidate...
- Section 17:48e-1 - Definitions.
1.As used in this act: a."Commissioner" means the Commissioner of Banking and Insurance. b."Board" and "board of directors" means the board of directors of...
- Section 17:48e-2 - Establishment Of Health Service Corporation
a. A health service corporation may be established: (1) By incorporating and obtaining a certificate of authority in accordance with the provisions of this...
- Section 17:48e-3 - Health Service Corporations
3. a. No health service corporation shall be established as a corporation organized for pecuniary profit. Every health service corporation established pursuant to the...
- Section 17:48e-4 - Certificate Of Authority
a. A health service corporation, other than a health service corporation which is formed as the result of a merger of a medical service...
- Section 17:48e-5 - Merger Procedure
Upon the merger of a medical service corporation into a hospital service corporation, the surviving corporation shall qualify as a health service corporation, and...
- Section 17:48e-6 - Board Of Health Service Corporation Formed Through Merger
6. The board of a health service corporation which is formed as the result of a merger between a medical service corporation and a...
- Section 17:48e-7 - Board Of Directors Of Health Service Corporation
7. The board of directors of a health service corporation which is established in accordance with paragraph (1) of subsection a. of section 2...
- Section 17:48e-8 - Vacancy Procedure
Within 10 days after a vacancy in the board of directors of a health service corporation has occurred, the corporation shall notify the commissioner...
- Section 17:48e-9 - Executive Committee
The board of directors of a health service corporation may, by resolution, elect an executive committee of the board, one-fourth of which shall be...
- Section 17:48e-10 - Agreements With Service Providers
a. A health service corporation may enter into agreements with providers of health care services whereby the providers become participating providers of health care...
- Section 17:48e-10.1 - Health Service Corporation To Receive, Transmit Transactions Electronically; Standards.
4. a. Within 180 days of the adoption of a timetable for implementation pursuant to section 1 of P.L.1999, c.154 (C.17B:30-23), a health service...
- Section 17:48e-10.2 - Payment Of Out-of-network Dental Benefits By Health Service Corporation.
3. a. (1) Except as provided in subsection e. of this section, a health service corporation that makes a dental benefit payment to a...
- Section 17:48e-11 - Professional Advisory Committee
a. There is created a Professional Advisory Committee which shall be elected by the directors in a manner provided by the bylaws, which shall...
- Section 17:48e-12 - Eligible Providers' Services.
12. In any contract entered into by a health service corporation, which includes coverage for health care services provided by a physician, coverage shall...
- Section 17:48e-13 - Approval Of Forms
13. No health service corporation shall enter into any contract with a subscriber unless it has filed with the commissioner a copy of the...
- Section 17:48e-13.1 - Health Service Corporation Contract; Compliance
11. No health service corporation contract subject to the provisions of P.L.1985, c.236 (C.17:48E-1 et seq.) or application for that contract, if a written...
- Section 17:48e-13.2 - Filing Of Contract Or Related Form
12. a. Except as otherwise provided in P.L.1992, c.161 (C.17B:27A-2 et seq.) and P.L.1992, c.162 (C.17B:27A-17 et seq.), any contract subject to the provisions...
- Section 17:48e-13.3 - Contract Forms; Certification Memorandum
13. a. Pursuant to the provisions of this section, a health service corporation authorized to do business in this State may file with the...
- Section 17:48e-14 - Individual Contract Requirements
In every individual contract made, issued or delivered in this State: a. All printed portions shall be plainly printed in type of which the...
- Section 17:48e-15 - Classification Permitted
A health service corporation may classify subscribers whereby under specified circumstances a subscriber or covered dependents may pay a participating provider of health care...
- Section 17:48e-15.1 - Eligibility For Enrollment In Health Service Corporation
3.Notwithstanding any other provision of law to the contrary, a health service corporation shall not consider a person's eligibility for medical assistance pursuant to...
- Section 17:48e-15.2 - Health Service Corporation Contract, Exclusion, Rates, Terms Based On Genetic Information Prohibited
13. Every individual or group health service corporation contract providing hospital or medical expense benefits that is delivered, issued, executed or renewed in this...
- Section 17:48e-16 - Joint Ventures
a. A health service corporation of this State may, (1) with the participation of any other corporation licensed pursuant to Title 17 of the...
- Section 17:48e-17 - Expense Limits; Investments; Administrative Services
17. a. No health service corporation shall during any one year disburse more than 10% of the aggregate amount of the payments received from...
- Section 17:48e-17.1 - Two Special Contingent Surplus Accounts
5. a. Every health service corporation shall accumulate and maintain during each calendar year two separate special contingent surplus accounts, one for its individual...
- Section 17:48e-17.2 - Special Contingent Surplus Required For Health Service Corporation
8. Notwithstanding the provisions of section 5 of P.L.1988, c.71 (C.17:48E-17.1) or any other provision of law to the contrary, on or after December...
- Section 17:48e-18 - Annual Contract, Renewal; Family Coverage
a. Every individual contract made by a health service corporation shall provide coverage for a specified period of not less than one year, and...
- Section 17:48e-19 - Provisions Of Subscription Certificates
Every individual contract entered into between a health service corporation and a subscriber shall be in writing and a certificate stating the terms and...
- Section 17:48e-20 - Coverage For Newborn Child
a. Family type individual contracts shall provide that the coverage applicable for children shall be payable with respect to a newly-born child of the...
- Section 17:48e-21 - Coverage For Former Spouse
Whenever, pursuant to the provisions of an individual contract issued by a health service corporation, the former spouse of a named subscriber under a...
- Section 17:48e-22 - Coverage For Child With Intellectual Disability, Physical Handicap.
22.Coverage of an unmarried child, covered prior to attainment of age 19 by an individual contract under which coverage terminates at a specified age,...
- Section 17:48e-22.1 - Health Service Corporations To Offer Basic Health Care Contracts
Every health service corporation authorized to do business in this State shall offer for sale individual and group basic health care contracts in accordance...
- Section 17:48e-22.2 - Provisions Of Basic Health Care Contract
55. a. A basic health care contract offered pursuant to section 54 of P.L.1991, c.187 (C.17:48E-22.1) shall provide: (1) Basic hospital expense coverage for...
- Section 17:48e-23 - Group Contracts
a. A health service corporation may issue to a policyholder a group contract, covering at least two employees or members at the date of...
- Section 17:48e-24 - Provisions Of Group Contract Forms
a. Every group contract entered into by a health service corporation with any policyholder shall be in writing and a contract form stating the...
- Section 17:48e-25 - "Employee" Coverage
The group contract may provide that the term "employee" shall include as employees of a single employer the employees of one or more subsidiary...
- Section 17:48e-26 - Experience Rating
a. A group contract, covering at least two employees or members, may provide for the adjustment of the rate of premium of insurance based...
- Section 17:48e-27 - Rate Schedule Filing
27. No health service corporation shall issue individual contracts until it has made an informational filing with the commissioner, pursuant to the provisions of...
- Section 17:48e-27.1 - Individual Contract Rate Changes
7. A health service corporation shall make an informational filing of any change in its rates for coverage under individual contracts which are not...
- Section 17:48e-28 - Group Coverage For Newborn Child
a. Family type group coverage shall provide that the coverage applicable for children shall be payable with respect to a newly-born child of the...
- Section 17:48e-29 - Nongroup Coverage For Former Spouse
Whenever, pursuant to the provisions of a group contract issued by a health service corporation, the former spouse of an employee or member of...
- Section 17:48e-30 - Group Coverage For Child With Intellectual Disability, Physical Handicap.
30.Coverage of an unmarried child, covered prior to attainment of age 19 by a group contract under which coverage terminates at a specified age,...
- Section 17:48e-30.1 - Coverage For Certain Dependents Until Age 31 By Health Service Corporation.
3. a. As used in this section, "dependent" means a subscriber's child by blood or by law who: (1)is 30 years of age or...
- Section 17:48e-31 - Family Coverage After Member's Death
Any group contract which contains provisions for the payment by the insurer of benefits for members of the family or dependents of a person...
- Section 17:48e-32 - Continuation Of Coverage For Totally Disabled
A group contract or individual group certificate delivered or issued for delivery in this State which covers employees or members and their dependents for...
- Section 17:48e-32.1 - Coverage Provided By Health Service Corporation For Subscriber's Child
5. a. A health service corporation contract which provides hospital or medical expense benefits under which dependent coverage is available shall not deny coverage...
- Section 17:48e-32.2 - Requirements Applicable To State Medicaid
6. A health service corporation shall not impose requirements on the Division of Medical Assistance and Health Services in the Department of Human Services...
- Section 17:48e-33 - Second, Third Surgical Opinions
a. A health service corporation issuing a group or individual contract in accordance with this act, which provides payment for surgical services rendered to...
- Section 17:48e-34 - Alcoholism Treatment Benefits
No group or individual contract providing health service coverage shall be delivered, issued, executed, or renewed in this State, or approved for issuance or...
- Section 17:48e-35 - Reconstructive Breast Surgery Benefits
35. Every subscription certificate and group and individual contract providing health service coverage, delivered, issued, executed or renewed in this State, or approved for...
- Section 17:48e-35.1 - Benefits For Home Treatment Of Hemophilia
Every group or individual contract providing hospital expense benefits to any subscriber or other person covered thereunder for expenses incurred in connection with the...
- Section 17:48e-35.2 - Health Service Corporation Insurance Benefits For Preexisting Condition
a. Notwithstanding any other provision of law to the contrary, no group health insurance contract issued by a health service corporation pursuant to the...
- Section 17:48e-35.3 - Health Service Corporation To Pay Benefits For Treatment Of Wilm's Tumor
Every group or individual health service corporation contract providing hospital or medical expense benefits shall provide benefits to any subscriber or other person covered...
- Section 17:48e-35.4 - Health Service Corporation Contract, Mammogram Examination Benefits.
3. a. No group or individual health service corporation contract providing hospital or medical expense benefits shall be delivered, issued, executed, or renewed in...
- Section 17:48e-35.5 - Health Service Corporation, Benefits For "Off-label" Drugs Required
4. a. Except as otherwise provided in P.L.1992, c.161 (C.17B:27A-2 et al.) and P.L.1992, c.162 (C.17B:27A-17 et seq.), no group or individual health service...
- Section 17:48e-35.6 - Health Service Corporation, Benefits For Health Promotion
5. a. Every health service corporation contract that provides hospital and medical expense benefits and is delivered, issued, executed or renewed in this State...
- Section 17:48e-35.7 - Requirements For Health Service Corporation Providing Benefits For Pharmacy Services.
3. a. Notwithstanding any other provisions of law to the contrary, no group or individual health service corporation contract which provides benefits for pharmacy...
- Section 17:48e-35.8 - Benefits For Certain Cancer Treatments
3. In addition to benefits provided under regulations adopted pursuant to P.L.1992, c.161 (C.17B:27A-2 et seq.) and P.L.1992, c.162 (C.17B:27A-17 et seq.), a health...
- Section 17:48e-35.9 - Coverage For Birth And Natal Care; Health Service Corporation
3. a. Every individual or group contract that provides maternity benefits and is delivered, issued, executed or renewed in this State pursuant to P.L.1985,...
- Section 17:48e-35.10 - Health Service Corporation Contracts, Child Screening, Blood Lead, Hearing Loss; Immunizations.
1.No health service corporation contract providing hospital or medical expense benefits for groups with greater than 50 persons shall be delivered, issued, executed, or...
- Section 17:48e-35.11 - Coverage For Diabetes Treatment By Individual Group Health Service Corporation
3. a. Every individual or group health service corporation contract providing hospital or medical expense benefits that is delivered, issued, executed or renewed in...
- Section 17:48e-35.12 - Health Service Corporation Contract, Pap Smear Benefits
1.No health service corporation contract providing hospital or medical expense benefits for groups with greater than 50 persons shall be delivered, issued, executed or...
- Section 17:48e-35.13 - Health Service Corporation Contract, Prostate Cancer Testing
1. No health service corporation contract providing hospital or medical expense benefits for groups with greater than 49 persons shall be delivered, issued, executed...
- Section 17:48e-35.14 - Coverage For Minimum Inpatient Care Following Mastectomy By Individual, Group Health Service Corporation
3. a. Every individual or group health service corporation contract that provides hospital or medical expense benefits and is delivered, issued, executed or renewed...
- Section 17:48e-35.15 - Applicability Of Health Care Quality Act
27. Notwithstanding the provisions of P.L.1985, c.236 (C.17:48E-1 et seq.) to the contrary, no individual or group contract shall be delivered, issued, executed or...
- Section 17:48e-35.16 - Coverage For Treatment Of Inherited Metabolic Diseases By Health Service Corporation.
3.No group or individual health service corporation contract providing hospital or medical expense benefits shall be delivered, issued, executed or renewed in this State,...
- Section 17:48e-35.17 - Health Service Corporation To Cover Certain Audiology, Speech-language Pathology Services.
2.A health service corporation shall offer to provide group contracts covering audiology and speech-language pathology services rendered by a physician or a licensed audiologist...
- Section 17:48e-35.18 - Coverage For Treatment Of Domestic Violence Injuries By Health Service Corporation.
3.Except as otherwise provided in P.L.1992, c.161 (C.17B:27A-2 et seq.) and P.L.1992, c.162 (C.17B:27A-17 et seq.), no group or individual health service corporation contract...
- Section 17:48e-35.19 - Coverage For Certain Dental Procedures For The Severely Disabled Or Child Age Five Or Under By Health Service Corporation
3. a. No group or individual health service corporation contract providing hospital or medical benefits shall be delivered, issued, executed or renewed in this...
- Section 17:48e-35.20 - Health Service Corporation To Provide Coverage For Biologically-based Mental Illness.
3.a. Every individual and group health service corporation contract that provides hospital or medical expense benefits and is delivered, issued, executed or renewed in...
- Section 17:48e-35.21 - Coverage For Hemophilia Services By Health Service Corporation
9.Notwithstanding the provisions of P.L.1985, c.236 (C.17:48E-1 et seq.) to the contrary, no individual or group contract shall be delivered, issued, executed or renewed...
- Section 17:48e-35.22 - Health Service Corporation To Provide Coverage For Treatment Of Infertility.
3. a. A health service corporation contract which provides hospital or medical expense benefits for groups with more than 50 persons, which includes pregnancy-related...
- Section 17:48e-35.23 - Health Service Corporation To Provide Coverage For Colorectal Cancer Screening.
3.Every health service corporation contract that provides hospital or medical expense benefits and is delivered, issued, executed or renewed in this State pursuant to...
- Section 17:48e-35.24 - Health Service Corporation Prescription Drug Plans To Cover Certain Infant Formulas.
3.A health service corporation which provides hospital or medical expense benefits for expenses incurred in the purchase of prescription drugs under a contract that...
- Section 17:48e-35.25 - Contract Issued Under C.17:48e-1 et Seq. Required To Cover Certain Out-of-network Services.
9.Notwithstanding the provisions of P.L.1985, c.236 (C.17:48E-1 et seq.) to the contrary, no individual or group contract shall be delivered, issued, executed or renewed...
- Section 17:48e-35.26 - Health Service Corporation To Offer Coverage For Domestic Partner.
49.A health service corporation that provides hospital or medical expense benefits under a contract that is delivered, issued, executed or renewed in this State...
- Section 17:48e-35.27 - Health Service Corporation, High Deductible, Coverage For Preventive Care.
2.No health service corporation contract providing hospital or medical expense benefits for groups with greater than 50 persons, that qualifies as a high deductible...
- Section 17:48e-35.28 - Health Service Corporation, High Deductible, Deductible Inapplicable, Certain Circumstances.
3.Notwithstanding the provisions of section 1 of P.L.1995, c.316 (C.17:48E-35.10) regarding deductibles for a high deductible health plan, a contract offered by a health...
- Section 17:48e-35.29 - Health Service Corporation, Coverage For Prescription Female Contraceptives.
3.A health service corporation that provides hospital or medical expense benefits for expenses incurred in the purchase of outpatient prescription drugs under a contract...
- Section 17:48e-35.30 - Health Service Corporation To Provide Benefits For Orthotic And Prosthetic Appliances.
3. a. Every health service corporation contract that provides hospital or medical expense benefits and is delivered, issued, executed or renewed in this State...
- Section 17:48e-35.31 - Health Service Corporation To Provide Coverage For Hearing Aids For Certain Persons Aged 15 Or Younger.
4.A health service corporation contract that provides hospital and medical expense benefits and is delivered, issued, executed or renewed in this State pursuant to...
- Section 17:48e-35.32 - Individual, Group Health Service Corporation To Provide Installment Payments To Obstetrical Provider For Maternity Services.
3. a. Every individual or group health service corporation contract that provides benefits for maternity services, and that is delivered, issued, executed or renewed...
- Section 17:48e-35.33 - Health Service Corporation To Provide Benefits For Treatment Of Autism Or Other Developmental Disability.
3.Notwithstanding any other provision of law to the contrary, every health service corporation contract that provides hospital and medical expense benefits and is delivered,...
- Section 17:48e-35.34 - Health Service Corporation To Provide Coverage For Oral Anticancer Medications.
3. a. A health service corporation contract that provides hospital and medical expense benefits and is delivered, issued, executed, or renewed in this State...
- Section 17:48e-35.35 - Health Service Corporation To Provide Coverage For Sickle Cell Anemia.
3.Every health service corporation contract that provides hospital and medical expense benefits and is delivered, issued, executed, or renewed in this State pursuant to...
- Section 17:48e-35.36 - Health Service Corporation To Provide Coverage For Prescription Eye Drops.
3. a. A health service corporation which provides hospital or medical expense benefits that include coverage for prescription eye drops under a contract delivered,...
- Section 17:48e-35.37 - Health Service Corporation Contract, Coverage For Synchronization Of Prescribed Medications.
3. a. Every group or individual health service corporation contract delivered, issued, executed or renewed in this State, or approved for issuance or renewal...
- Section 17:48e-36 - Annual Financial Statement
a. Every health service corporation transacting business in this State shall annually on or before the first day of March file in the Department...
- Section 17:48e-37 - Examination Authority
a. The commissioner shall have the power, whenever he deems it expedient, to make or cause to be made an examination of the assets...
- Section 17:48e-37.1 - Definitions.
31.As used in sections 31 through 35 of P.L.2014, c.81 (C.17:48E-37.1 through C.17:48E-37.5): "Commissioner" means the Commissioner of Banking and Insurance. "Health service corporation"...
- Section 17:48e-37.2 - Increase In Amount Of Capital Or Surplus Required Of Health Service Corporation.
32.The commissioner may increase the amount of capital or surplus required of a health service corporation, or subsequently revise or redetermine that increase, using...
- Section 17:48e-37.3 - Determination Of Increase, Revision Or Redetermination; Factors.
33.In determining any increase, revision or redetermination in the capital or surplus of a health service corporation pursuant to the provisions of section 32...
- Section 17:48e-37.4 - Suspension, Revocation Of Authority To Do Business.
34.The commissioner may suspend or revoke the authority to do business in this State of any health service corporation that does not comply with...
- Section 17:48e-37.5 - Rules, Regulations.
35.The commissioner may promulgate regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) necessary to effectuate the purposes of sections 31...
- Section 17:48e-38 - Fee Schedule
A health service corporation shall pay the following fees to the commissioner for enforcement of the provisions of this act: a. For filing its...
- Section 17:48e-39 - Penalties For Violations
Any health service corporation of this or any other state, country or province which shall have violated any of the provisions of, or shall...
- Section 17:48e-41 - Health Service Corporation, Exemption From Taxes
A health service corporation subject to the provisions of this act is hereby declared to be a charitable and benevolent institution and all of...
- Section 17:48e-42 - For-profit Corporations Excluded
The provisions of this act shall not apply to any corporation carrying on the business of life, health or accident insurance, for profit or...
- Section 17:48e-43 - Subject To Review
All determinations of the commissioner made under the provisions of this act shall be subject to review by the Superior Court in a proceeding...
- Section 17:48e-44 - Rules, Regulations
The commissioner, pursuant to the "Administrative Procedure Act," P.L. 1968, c. 410 (C. 52:14B-1 et seq.), shall promulgate rules and regulations as are necessary...
- Section 17:48e-45 - Definitions Relative To Conversion
>1.As used in sections 2 through 4 of this act: "Commissioner" means the Commissioner of Insurance. "Conversion" means the conversion of a health service...
- Section 17:48e-46 - Conversion Of Health Service Corporation To Domestic Mutual Insurer
2.A health service corporation which is organized pursuant to P.L.1985, c.236 (C.17:48E-1 et seq.) may convert to a domestic mutual insurer by complying with...
- Section 17:48e-47 - Filing, Approval Of Conversion Plan
3. a. Upon the affirmative vote of the board of directors, the plan for conversion to domestic mutual insurer shall be filed with the...
- Section 17:48e-48 - Directors And Officers, Terms
4. a. Public members of the board of directors of the health service corporation shall serve as directors of the domestic mutual insurer to...
- Section 17:48e-49 - Definitions Relative To Conversion Of Health Service Corporation To Domestic Stock Insurer.
1.As used in this act: "Affiliate" or "affiliated" has the meaning set forth in subsection a. of section 1 of P.L.1970, c.22 (C.17:27A-1). "Alternative...
- Section 17:48e-50 - Procedure For Conversion.
2. a. A health service corporation may convert to a domestic stock insurer by complying with the provisions of sections 2 through 14 and...
- Section 17:48e-51 - Filing Of Application.
3. a. The health service corporation shall file with the commissioner an application pursuant to subsection b. of this section for approval of, and...
- Section 17:48e-52 - Approval Of Plan, Certificate Of Authority.
4. a. The commissioner shall approve the plan of conversion and issue a certificate of authority to the converted insurer to transact business in...
- Section 17:48e-53 - Issuance Of Subsequent Order.
5.The order of the commissioner issued pursuant to section 4 of this act shall not take effect unless the commissioner issues a subsequent order...
- Section 17:48e-54 - Transfer Of Fair Market Value.
6. a. At or before the effective time, the entire fair market value of the health service corporation, exclusive of any shares of the...
- Section 17:48e-55 - Continuation Of Health Service Corporation.
7. a. The legal existence of the health service corporation shall not terminate, and the converted insurer shall be a continuation of the health...
- Section 17:48e-56 - Conversion Of Policies.
8. a. The policies of the health service corporation shall be converted to policies of the converted insurer without any further action on the...
- Section 17:48e-57 - Receipt Of Compensation Contingent Upon Approval Of Plan Prohibited.
9. No director, officer, agent or employee of the health service corporation shall receive any fee, commission or other valuable consideration that is contingent...
- Section 17:48e-58 - Documents Considered Public Records; Exceptions.
10.All applications, reports, plans and other documents to be filed or submitted under section 3 and section 19 shall be public records, except for...
- Section 17:48e-59 - Conversion Effective; Conditions.
11.The conversion shall be effective at midnight on the date provided for in the certificate of incorporation of the converted insurer or such other...
- Section 17:48e-60 - Abandonment, Amendment Of Plan Of Conversion.
12.The health service corporation may, by action of not less than two-thirds of its board of directors, abandon or amend the plan of conversion...
- Section 17:48e-61 - Directors, Officers Continue To Serve.
13.The directors and officers of the health service corporation, unless otherwise specified in the plan of conversion, shall serve as the directors and officers...
- Section 17:48e-62 - Participation Of Attorney General.
14.The Attorney General has the right to participate in any proceeding before the commissioner under this act and has the right to receive any...
- Section 17:48e-63 - Orders, Rules, Regulations.
15.The commissioner may issue orders as necessary to effect the conversion and promulgate rules and regulations to implement the provisions of this act pursuant...
- Section 17:48e-64 - Construction Of Act.
16. a. Nothing in this act shall be construed to limit the existing authority of the Attorney General, except that the procedures set forth...
- Section 17:48e-65 - Requirements Prior To Action Constituting Material Change In Form.
17.A health service corporation shall satisfy the requirements of sections 18 and 19 of this act prior to engaging in any actions that constitutes...
- Section 17:48e-66 - Notification Of Action Constituting Material Change In Form, Procedure.
18. a. Except for a conversion pursuant to sections 2 through 14 and section 19 of this act, a health service corporation shall notify...
- Section 17:48e-67 - Petition For Review Of Foundation Plan.
19. a. (1) A health service corporation shall submit to the Attorney General a petition for review of a foundation plan at the same...
- Section 17:48e-68 - Foundations; Board, Membership.
20. a. (Deleted by amendment, P.L.2013, c.253) b.The foundation created pursuant to section 19 of P.L.2001, c.131 (C.17:48E-67) shall have a board of directors...
- Section 17:48f-1 - Definitions Relative To Prepaid Prescription Service Organizations.
1.As used in this act: "Affiliate" means a person that directly, or indirectly through one or more intermediaries, controls, or is controlled by, or...
- Section 17:48f-2 - Prepaid Prescription Service Organization, Certificate Of Authority.
2. a. Beginning one year after the date of enactment of this act, no person, corporation, partnership, or other entity shall operate a prepaid...
- Section 17:48f-3 - Application For Certificate Of Authority, Requirements.
3.Each application for a certificate of authority to operate a prepaid prescription service organization shall be made to the commissioner on a form prescribed...
- Section 17:48f-4 - Review Of Application.
4.Following receipt of an application, the commissioner shall review it and notify the applicant of any deficiencies contained therein. a.The commissioner shall issue a...
- Section 17:48f-5 - Modification Of Matter, Document, Filing Required; Fixing Of Charges; Filing Of Benefits Offered.
5. a. An organization, unless otherwise provided for in this act, shall not materially modify any matter or document furnished to the commissioner pursuant...
- Section 17:48f-6 - Filing For Approval By Other Insurers, Etc.
6.Any insurer, hospital, medical or health service corporation or health maintenance organization which is not otherwise authorized to offer prescription services on a fixed...
- Section 17:48f-7 - Rights Of Prepaid Prescription Service Organization.
7.A prepaid prescription service organization may: a.Purchase, lease, construct, renovate, operate and maintain such facilities, ancillary equipment and property which may be required for...
- Section 17:48f-8 - Contract For Provision Of Services.
8.A prepaid prescription service organization may contract with any person to provide some or all of the services it normally performs in providing prescription...
- Section 17:48f-9 - Issuance Of Evidence Of Coverage.
9.Every contract holder and enrollee shall be issued an evidence of coverage, which shall contain a clear and complete statement of: a.The coverage to...
- Section 17:48f-10 - Prepaid Prescription Service Organization Deemed Domestic Insurer.
10. a. A prepaid prescription service organization which is organized under the laws of this State shall be deemed to be a domestic insurer...
- Section 17:48f-11 - Complaint System Established.
11.A prepaid prescription service organization shall establish and maintain a complaint system providing reasonable procedures for resolving written complaints which are initiated by enrollees...
- Section 17:48f-12 - Examination By Commissioner.
12.The commissioner may conduct an examination of a prepaid prescription service organization as often as he deems necessary in order to protect the interests...
- Section 17:48f-13 - Terms, Conditions Required In Contracts.
13.All prepaid prescription service organization contracts with providers or with entities subcontracting for the provision of prescription services shall contain the following terms and...
- Section 17:48f-13.1 - Prepaid Prescription Service Organization To Receive, Transmit Transactions Electronically; Standards.
10. a. Within 180 days of the adoption of a timetable for implementation pursuant to section 1 of P.L.1999, c.154 (C.17B:30-23), a prepaid prescription...
- Section 17:48f-13.2 - Prepaid Prescription Service Organization, Coverage For Prescription Female Contraceptives.
9.A prepaid prescription service organization that provides benefits for expenses incurred in the purchase of outpatient prescription drugs under a contract shall provide coverage...
- Section 17:48f-14 - Maintenance Of Tangible Net Equity.
14. a. Except as provided in subsection b. of this section, each prepaid prescription service organization shall, at all times, have and maintain tangible...
- Section 17:48f-15 - Deposit Of Case, Securities; Net Worth Requirement.
15. a. A prepaid prescription service organization shall deposit with the commissioner or with an entity or trustee acceptable to the commissioner through which...
- Section 17:48f-16 - Maintenance Of Fidelity Bond.
16.A prepaid prescription service organization shall maintain in force a fidelity bond in its own name on its officers and employees, in an amount...
- Section 17:48f-17 - Annual Report.
17.A prepaid prescription service organization shall file an annual report with the commissioner, on or before March 1 of each year, attested to by...
- Section 17:48f-17.1 - Definitions.
36.As used in sections 36 through 40 of P.L.2014, c.81 (C.17:48F-17.1 through C.17:48F-17.5): "Commissioner" means the Commissioner of Banking and Insurance. "Prepaid prescription service...
- Section 17:48f-17.2 - Increase In Amount Of Capital Or Surplus Required Of Prepaid Prescription Service Organization.
37.The commissioner may increase the amount of capital or surplus required of a prepaid prescription service organization, or subsequently revise or redetermine that increase,...
- Section 17:48f-17.3 - Determination Of Increase, Revision Or Redetermination; Factors.
38.In determining any increase, revision or redetermination in the capital or surplus of a prepaid prescription service organization pursuant to the provisions of section...
- Section 17:48f-17.4 - Suspension, Revocation Of Authority To Do Business.
39.The commissioner may suspend or revoke the authority to do business in this State of any prepaid prescription services organization that does not comply...
- Section 17:48f-17.5 - Rules, Regulations.
40.The commissioner may promulgate regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) necessary to effectuate the purposes of sections 36...
- Section 17:48f-18 - Suspension, Revocation Of Certificate Of Authority.
18.The commissioner may suspend or revoke the certificate of authority issued to a prepaid prescription service organization pursuant to this act upon his determination...
- Section 17:48f-19 - Notification Of Suspension, Revocation Of Certificate Of Authority.
19.If the commissioner has cause to believe that grounds exist for the suspension or revocation of a certificate of authority, he shall notify the...
- Section 17:48f-20 - Maintenance Of Insurance To Cover Insolvency.
20.The commissioner may require, in connection with the plan for insolvency required pursuant to subsection p. of section 3 of this act, that a...
- Section 17:48f-21 - Rehabilitation, Liquidation, Conservation Of Prepaid Prescription Service Organization.
21.Any rehabilitation, liquidation or conservation of a prepaid prescription service organization shall be subject to the provisions of N.J.S.17B:32-1 et seq. and shall be...
- Section 17:48f-22 - Order Of Rehabilitation.
22.If an order of rehabilitation issued pursuant to this act directs or provides for the continued operation of the prepaid prescription service organization, including...
- Section 17:48f-23 - Providers Enjoined From Billing Enrollees, Beneficiaries Under Order Of Rehabilitation.
23.In the event that an order of rehabilitation or liquidation is granted, the order may enjoin providers from billing enrollees and their beneficiaries for...
- Section 17:48f-24 - Inapplicability Of C.17b:32a-1 et Seq.
24.A prepaid prescription service organization shall not be subject to the "New Jersey Life and Health Insurance Guaranty Association Act," P.L.1991, c.208 (C.17B:32A-1 et...
- Section 17:48f-25 - Application, Examination Fees.
25.A prepaid prescription service organization subject to the provisions of this act shall pay to the commissioner such application fees and examination fees for...
- Section 17:48f-26 - Violations; Penalties.
26. a. The commissioner may, upon notice and hearing, levy an administrative penalty in an amount not less than $1,000 nor more than $30,000...
- Section 17:48f-27 - Cease And Desist Order; Injunctive Relief.
27. a. The commissioner may issue an order directing a prepaid prescription service organization to cease and desist from engaging in any act or...
- Section 17:48f-28 - Confidentiality Of Data, Information.
28.Any data or information relating to the diagnosis, treatment or health of an enrollee or prospective enrollee obtained by a prepaid prescription service organization...
- Section 17:48f-29 - Rules, Regulations.
29.The commissioner shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to effectuate the purposes of this...
- Section 17:48g-1 - Definitions Relative To Dental Decision Regulation.
1.As used in this act: "Adverse dental decision" means a dental decision by an insurer or a third party administrator, or any other person...
- Section 17:48g-2 - Dental Decisions Made By Insurer.
2. a. An insurer may make dental decisions in connection with the processing or payment of dental claims or otherwise in the course of...
- Section 17:48g-3 - Dental Decisions Made By Third Party Administrator.
3. a. A third party administrator may make dental decisions in connection with the processing or payment of dental claims or otherwise in the...
- Section 17:48g-4 - Inapplicability Of Act Relative To Certain Decisions Of Insurers, Third Party Administrators.
7.This act shall not be construed: a.To regulate insurers' or third party administrators' making any decision, including, but not limited to, a decision concerning...
- Section 17:48g-5 - Applicability Of Act To Dental Decisions.
8.This act shall be construed to apply only to insurers and third party administrators or persons acting on their behalf who make dental decisions....
- Section 17:48g-6 - Construction Of Act Relative To Board.
9.Nothing in this act shall be construed to confer jurisdiction upon the board to make any dental benefit coverage determinations or to direct any...
- Section 17:48h-1 - Definitions Relative To Organized Delivery Systems For Health Care Services, Benefits
1.As used in this act: "Affiliate" means a person that directly, or indirectly through one or more intermediaries, controls, or is controlled by, or...
- Section 17:48h-2 - Certification, Licensure, Required
2. a. Beginning one year after the enactment of this act, no person, corporation, partnership, or other entity shall operate an organized delivery system...
- Section 17:48h-3 - Application For Certification.
3. a. An organized delivery system which is not subject to licensure requirements pursuant to this act shall submit an application for certification to...
- Section 17:48h-4 - Form, Contents Of Application.
4.Application for certification to operate an organized delivery system shall be made to the Commissioner of Banking and Insurance on a form prescribed by...
- Section 17:48h-5 - Review Of Application.
5.Following receipt of an application for certification, the Commissioner of Banking and Insurance shall review it and notify the applicant of any deficiencies contained...
- Section 17:48h-6 - Notice Of Change, Modification.
6. a. A certified organized delivery system, unless otherwise provided for in this act, shall not materially modify any matter or document furnished to...
- Section 17:48h-7 - Suspension, Revocation Of Certification, Grounds.
7.The Commissioner of Banking and Insurance may suspend or revoke a certification issued to an organized delivery system pursuant to this act upon the...
- Section 17:48h-8 - Notification Of Grounds For Suspension, Revocation Of Certification.
8. a. If the Commissioner of Banking and Insurance has cause to believe that grounds exist for the suspension or revocation of the certification...
- Section 17:48h-9 - Fees.
9.A certified organized delivery system shall pay to the Commissioner of Banking and Insurance those application and examination fees as are established by the...
- Section 17:48h-10 - Civil Administrative Penalty.
10.The Commissioner of Banking and Insurance may, upon notice and hearing, assess a civil administrative penalty in an amount not less than $250 nor...
- Section 17:48h-11 - Application For Licensure.
11. a. An organized delivery system which receives compensation on a basis that entails the assumption of financial risk shall submit an application for...
- Section 17:48h-12 - Form, Contents Of Application.
12.Application for a license to operate an organized delivery system shall be made to the Commissioner of Banking and Insurance on a form prescribed...
- Section 17:48h-13 - Review Of Application.
13.Following receipt of an application for licensure, the Commissioner of Banking and Insurance shall review it and notify the applicant of any deficiencies contained...
- Section 17:48h-14 - Notice Of Change, Modification
14. a. A licensed organized delivery system, unless otherwise provided in this act, shall not materially modify any matter or document furnished pursuant to...
- Section 17:48h-15 - Services Provided By Licensed Organized Delivery System.
15.A licensed organized delivery system may: a.Contract with an insurer licensed in this State for the provision of indemnity coverage against the cost of...
- Section 17:48h-16 - Treatment Of Organized Delivery System As Domestic Insurer
16. a. A licensed organized delivery system which is organized under the laws of this State shall be treated as a domestic insurer for...
- Section 17:48h-17 - Examination Of Licensed Organized Delivery System
17. The Commissioner of Banking and Insurance may conduct an examination of a licensed organized delivery system as often as the commissioner deems necessary...
- Section 17:48h-18 - Contracts With Providers, Mandatory Terms
18. All licensed organized delivery system contracts with providers shall contain the following terms and conditions: a.In the event that the organized delivery system...
- Section 17:48h-19 - Minimum Net Worth
19. a. A licensed organized delivery system shall, at all times, have and maintain a minimum net worth, determined on a statutory accounting basis,...
- Section 17:48h-20 - Deposit Of Cash, Securities
20. a. A licensed organized delivery system shall deposit with the Commissioner of Banking and Insurance, or with an entity or trustee acceptable to...
- Section 17:48h-21 - Maintenance Of Fidelity Bond
21. A licensed organized delivery system shall maintain in force a fidelity bond in its own name on its officers and employees, in an...
- Section 17:48h-22 - Annual Report
22. A licensed organized delivery system shall file an annual report with the Commissioner of Banking and Insurance, on or before March 1 of...
- Section 17:48h-22.1 - Definitions.
41.As used in sections 41 through 45 of P.L.2014, c.81 (C.17:48H-22.1 through C.17:48H-22.5): "Commissioner" means the Commissioner of Banking and Insurance. "Licensed organized delivery...
- Section 17:48h-22.2 - Increase In Amount Of Capital Or Surplus Required Of Licensed Organized Delivery System.
42.The commissioner may increase the amount of capital or surplus required of a licensed organized delivery system, or subsequently revise or redetermine that increase,...
- Section 17:48h-22.3 - Determination Of Increase, Revision Or Redetermination; Factors.
43.In determining any increase, revision or redetermination in the capital or surplus of a licensed organized delivery system pursuant to the provisions of section...
- Section 17:48h-22.4 - Suspension, Revocation Of Authority To Do Business.
44.The commissioner may suspend or revoke the authority to do business in this State of any licensed organized delivery system that does not comply...
- Section 17:48h-22.5 - Rules, Regulations.
45.The commissioner may promulgate regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) necessary to effectuate the purposes of sections 41...
- Section 17:48h-23 - Suspension, Revocation Of License, Grounds
23. The Commissioner of Banking and Insurance may suspend or revoke the license issued to an organized delivery system pursuant to this act upon...
- Section 17:48h-24 - Notification Of Grounds For Suspension, Revocation Of License
24. a. If the Commissioner of Banking and Insurance has cause to believe that grounds exist for the suspension or revocation of a license,...
- Section 17:48h-25 - Plan For Insolvency, Insurance
25. The Commissioner of Banking and Insurance may require, in connection with the plan for insolvency required pursuant to paragraph (5) of subsection i....
- Section 17:48h-26 - Rehabilitation, Liquidation, Conservation Of Licensed Organized Delivery System
26. Any rehabilitation, liquidation or conservation of a licensed organized delivery system shall be subject to the provisions of P.L.1992, c.65 (C.17B:32-31 et seq.)...
- Section 17:48h-27 - Licensed Organized Delivery System Exempt From Guaranty Association Act, C.17b:32a-1 et Seq.
27. A licensed organized delivery system shall not be subject to the "New Jersey Life and Health Insurance Guaranty Association Act," P.L.1991, c.208 (C.17B:32A-1...
- Section 17:48h-28 - Fees
28. A licensed organized delivery system shall pay to the Commissioner of Banking and Insurance those application and examination fees as are established by...
- Section 17:48h-29 - Civil Administrative Penalty
29. The Commissioner of Banking and Insurance may, upon notice and hearing, assess a civil administrative penalty in an amount not less than $250...
- Section 17:48h-30 - Confidentiality Of Data, Information; Exceptions
30. Any data or information relating to the diagnosis, treatment or health of an enrollee, prospective enrollee or contract holder obtained by a certified...
- Section 17:48h-31 - Notification Of Change Of Means For Receipt Of Compensation.
31.Any certified organized delivery system which intends to change the means by which it receives compensation so that it will be compensated on a...
- Section 17:48h-32 - Rules, Regulations.
32.The Commissioner of Banking and Insurance shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to effectuate...
- Section 17:48h-33 - Applicability Of Health Care Quality Act.
33.An organized delivery system which is licensed by the Department of Banking and Insurance shall be subject to the "Health Care Quality Act," P.L.1997,...
- Section 17:48h-33.1 - Adoption, Implementation Of Standards By Organized Delivery System For Electronic Transactions.
1. a. Within 180 days of the adoption of a timetable for implementation pursuant to section 1 of P.L.1999, c.154 (C.17B:30-23), an organized delivery...
- Section 17:48h-33.2 - Organized Delivery System Subject To Regulations Under C.17b:30-26 et Seq.
2.An organized delivery system which is either certified or licensed pursuant to P.L.1999, c.409 (C.17:48H-1 et seq.) shall be subject to the provisions of...
- Section 17:48h-34 - Provision Of Data, Reports
34. a. A carrier that contracts with a licensed organized delivery system shall provide that system with any data or reports required by their...
- Section 17:48h-35 - Documents Deemed Proprietary, Confidential.
35.Any documents provided by a organized delivery system to the Department of Banking and Insurance pursuant to this act that are deemed by the...
- Section 17:49-1 - Individual Insurance Authorized; Prerequisites To Doing Business.
No person, partnership, or unincorporated association of persons shall engage in the business of insurance in this State except as agent of a person,...
- Section 17:49-2 - Applicability Of Laws Governing Insurance Corporations
Every person, partnership or association receiving any such certificate shall be subject to the insurance laws of this State and to the jurisdiction and...
- Section 17:49-3 - Designation
No such person, partnership, or association shall transact business under a corporate or fictitious name, or under any name, style or title other than...
- Section 17:49-4 - Application Of Act
This act shall not apply to any fraternal beneficiary association, mutual benefit association, Lloyds association, or any association of individuals exempt by law from...
- Section 17:49-5 - Construction Of Terms
Construction of terms, for the purposes of this act, a. the business of insurance shall include the issuance of all kinds of endowment policies...
- Section 17:49-6 - Penalties; Restraining Violations; Receiver
Any person who shall violate any provision of this act shall be guilty of a misdemeanor and punished accordingly, and, in addition thereto, shall...
- Section 17:49a-1 - Short Title
This act shall be known, and may be cited as the "Nonprofit Corporation--Keys Amendment Facility Insurance Pooling Act." L. 1987, c. 431, s. 1.
- Section 17:49a-2 - Findings, Declarations
The Legislature finds and declares that: a. The lack of availability and escalating cost of liability insurance, when available, has caused a crisis nationally...
- Section 17:49a-3 - Definitions
3. As used in this act: a. "Board" means the board of trustees or the group of persons vested with management of the business...
- Section 17:49a-4 - Joint Insurance Funds
a. The board of a nonprofit corporation may, by resolution, agree to participate with any other nonprofit corporation or corporations in a joint insurance...
- Section 17:49a-5 - Insurance Fund Commission
a. Upon the establishment of a nonprofit corporation joint insurance fund, the chief executive officer or the board of each participating nonprofit corporation shall...
- Section 17:49a-6 - Bylaws
The commissioners of any joint insurance fund created under the provisions of this act shall prepare and, after the approval by resolution of the...
- Section 17:49a-7 - Plan Of Risk Management
The commissioners shall prepare, or cause to be prepared, a plan of risk management for the joint insurance fund. The plan shall include, but...
- Section 17:49a-8 - Approval By Commissioner
No joint insurance fund shall begin providing insurance coverage to its participants until its bylaws and plan of risk management have been approved as...
- Section 17:49a-9 - Insurance Coverage
Upon the approval of its bylaws and plan of risk management pursuant to the provisions of section 8 of this act, a joint insurance...
- Section 17:49a-10 - Amendments
The commissioners may, from time to time, amend the bylaws and plan of risk management of the fund; provided, however, that no such amendment...
- Section 17:49a-11 - Suspension, Termination Of Authority
The Commissioner of Insurance shall have the authority to suspend or terminate the authority of any joint insurance fund, or to assume control of...
- Section 17:49a-12 - Filing Of Agreements
The Commissioner of Insurance may, in his discretion, require the commissioners of any fund to file copies of any agreements or contracts entered into...
- Section 17:49a-13 - Annual Audit
The insurance fund commissioners or the executive board thereof, as the case may be, shall cause an annual audit to be conducted by an...
- Section 17:49a-14 - Examination
The Commissioner of Insurance may conduct an examination of any joint insurance fund that he deems necessary. The expense of any such examination shall...
- Section 17:49a-15 - Not Insurance Company
A joint insurance fund established pursuant to the provisions of this act is not an insurance company nor an insurer under the laws of...
- Section 17:49a-16 - Rules, Regulations
The Commissioner of Insurance shall promulgate rules and regulations, pursuant to the "Administrative Procedure Act," P.L. 1968, c. 410 (C. 52:14B-1 et seq.), to...
- Section 17:50-1 - Exchange Of Contracts Authorized; Law Exclusive
Individuals, partnerships, trustees and all corporations of this State, herein designated "subscribers," are hereby authorized to exchange reciprocal or interinsurance contracts with each other...
- Section 17:50-2 - Attorney In Fact; Exchange
Such contracts may be executed by an attorney in fact, herein designated "attorney," duly authorized and acting for such subscribers, and such attorney may...
- Section 17:50-3 - Declaration To Be Filed By Attorney In Fact
Such attorney shall file with the Commissioner of Banking and Insurance of this State a declaration, verified by the oath of such attorney, or...
- Section 17:50-4 - Instrument Authorizing Service Of Process On Commissioner Of Banking And Insurance To Be Filed; Service Fee
Concurrently with the filing of the declaration provided for by the terms of section three hereof, the attorney shall file with the Commissioner of...
- Section 17:50-5 - Reinsurance Reserve; Surplus; Claim Or Loss Reserve
There shall be maintained at all times by the exchange, a reinsurance reserve in cash or securities authorized by the laws of the State...
- Section 17:50-6 - General Deposit With Commissioner; Filing Certificate By Foreign Exchange
Each domestic exchange transacting business in this State shall keep and maintain with the Commissioner of Insurance a general deposit of cash or securities...
- Section 17:50-7 - Power Of Attorney; Requisites; Policies Without Contingent Liability
The power of attorney under which any contracts of insurance are exchanged pursuant to this act shall provide for a cash premium deposit and...
- Section 17:50-8 - Report Of Financial Condition To Commissioner; Examination Of Records, Affairs And Financial Condition
Such attorney shall, within the time limited for filing the annual statement by insurance companies, transacting the same kind of business, make a report,...
- Section 17:50-9 - Power To Exchange Contracts; Insurance Of Trust Property
(a) Any corporation now or hereafter organized under the laws of this State shall, in addition to the rights, powers and franchises specified in...
- Section 17:50-10 - Misdemeanor; Solicitation Of Powers Of Attorney And Applications For Insurance Contract; Injunction; Appointment Of Receiver
Any attorney who shall exchange any contracts of insurance of the kind and character specified in this act, or any attorney or representative of...
- Section 17:50-11 - Certificate Of Authority
Before issuing any such contracts in this State, the attorney shall procure from the Commissioner of Banking and Insurance of this State a certificate...
- Section 17:50-12 - Authority Of Attorney To Insert In Policy Provisions Or Conditions
The attorney may insert in any form of policy prescribed by the laws of this State or adopted by this State any provisions or...
- Section 17:50-13 - Fees And Taxes
Such exchanges shall be subject to the same fees and taxes as are provided by the laws of this State, now or hereafter enacted,...
- Section 17:50-14 - Application Of Law As To Appointment, Licensing, Etc., Of Insurance Agents And Solicitors
The provisions of the general insurance laws of this State regarding the appointment, licensing, qualification and regulation of insurance agents and solicitors shall not...
- Section 17:50-15 - Application Of Laws Governing Insurance Rates And Licensing Of Rate Making Organizations
The provisions of the laws of this State regulating the making and applying of insurance rates and providing for the licensing of rating organizations,...
- Section 17:50-16 - Workmen's Compensation Insurance, Authority To Exchange Contracts
Employers are hereby expressly authorized to exchange contracts of workmen's compensation insurance, at any reciprocal exchange licensed in this State to do that kind...
- Section 17:50-17 - Retaliatory Laws
The retaliatory laws of this State set forth in section 17:32-12 of the Revised Statutes shall be applicable to reciprocal or inter-insurance exchanges. L.1945,...
- Section 17:50-18 - Conflicting Laws Repealed
All laws or parts of laws in conflict herewith are hereby repealed, insofar as they are in conflict with this act. L.1945, c. 161,...
- Section 17:50-19 - Partial Invalidity
In the event any section, part or provisions of this act is held to be illegal, the same shall not affect any other section,...
- Section 17:51-1 - Acts Which Constitute Commissioner As Attorney For Service Of Process, Service
1. (a) Any of the following acts in this State, by an insurer not authorized to transact business in this State: (1) the issuance...
- Section 17:51-2 - Actions Against Unauthorized Insurers; Deposit Or Bond Required Before Insurer May File Pleading
(a) Before any insurer not authorized to transact business in this State shall file or cause to be filed any pleading or other paper...
- Section 17:51-3 - Inapplicability Of Act
3. The provisions of this act shall not apply to any action or proceeding against any unauthorized insurer arising out of a contract of...
- Section 17:51-4 - Partial Invalidity
If any section, subsection, subdivision, paragraph, sentence or clause of this act is held invalid or unconstitutional, such decision shall not affect the remaining...
- Section 17:51-5 - Short Title
This act shall be known as the Unauthorized Insurers' Process Act. L.1952, c. 330, p. 1058, s. 5.
- Section 17:51b-1 - Definitions
1. For purposes of this act: "Commissioner" means the Commissioner of Insurance. "Insurer" means: (1) Any corporation, association, partnership, reciprocal exchange, interinsurer, Lloyd's insurer,...
- Section 17:51b-2 - Credit For Reinsurance Ceded By Certain Insurers.
2.Credit for reinsurance ceded by an insurer which is domiciled in New Jersey, or which is either licensed in New Jersey or eligible to...
- Section 17:51b-3 - Reduction In Liability For Reinsurance Ceded
3. A reduction in liability for the reinsurance ceded by an insurer which is domiciled in New Jersey, or which is either licensed in...
- Section 17:51b-4 - Rules, Regulations
5. The commissioner may promulgate rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), as may be necessary to...
- Section 17:51a-1 - Definitions
1. For the purposes of this act: "Commissioner" means the Commissioner of Insurance. "Department" means the Department of Insurance. "Insurer" means every person engaged...
- Section 17:51a-2 - Application Of Act
2. The provisions of this act shall apply to: all domestic insurers; any other insurer doing business in this State whose state of domicile...
- Section 17:51a-3 - Administrative Supervision Of Insurer
3. a. An insurer may be subject to administrative supervision by the commissioner if upon examination or at any other time it appears in...
- Section 17:51a-4 - Confidentiality Of Information; Exceptions
4. a. Proceedings, hearings, notices, correspondence, reports, records and other information in the possession of the commissioner or the department relating to the supervision...
- Section 17:51a-5 - Powers Of Supervision
5. During the period of supervision, the commissioner or his designated appointee shall serve as the administrative supervisor. The commissioner may prohibit the insurer...
- Section 17:51a-6 - Contesting Of Action
6. During the period of supervision the insurer may contest an action taken or proposed to be taken by the administrative supervisor specifying the...
- Section 17:51a-7 - Initiation Of Judicial Proceedings
7. Nothing contained in this act shall preclude the commissioner from initiating judicial proceedings to place an insurer in conservation, rehabilitation or liquidation, or...
- Section 17:51a-8 - Rules, Regulations
8. The commissioner may, pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), promulgate rules and regulations as are...
- Section 17:51a-9 - Commissioner May Meet With Supervisor, Attorney, Representative
9. Notwithstanding any other provision of law to the contrary, the commissioner may meet with a supervisor appointed under this act and with the...
- Section 17:51a-10 - Governmental Immunity
10. There shall be no liability on the part of, and no cause of action of any nature shall arise against, the commissioner, the...
- Section 17:52-1 - Business Development Corporations; Purposes
Five or more persons, all of whom shall be residents of this State, may form a corporation, which shall be designated as a business...
- Section 17:52-2 - Certificate Of Incorporation; Contents
A. The persons desirous of creating a business development corporation shall execute and acknowledge a certificate of incorporation stating (a) the name by which...
- Section 17:52-3 - Submission Of Certificate Of Incorporation To Commissioner Of Banking And Insurance; Statement
The certificate of incorporation shall be submitted to the Commissioner of Banking and Insurance within 60 days after its execution, together with a statement,...
- Section 17:52-4 - Certification Of Statement
The statement submitted pursuant to section 3 of this act shall be signed and certified by any 2 of the incorporators, and shall state...
- Section 17:52-5 - Application For Charter
The submission of the certificate of incorporation and the certified statement pursuant to sections 3 and 4 of this act shall constitute the application...
- Section 17:52-6 - Designation Of Time And Place Of Hearing; Notice
If the Commissioner of Banking and Insurance shall find that the certificate of incorporation and the certified statement comply with the requirements of sections...
- Section 17:52-7 - Hearing On Application For Commissioner
At the time and place designated for the hearing, the incorporators shall file proof with the Commissioner of Banking and Insurance that the requirements,...
- Section 17:52-8 - Determination By Commissioner
The commissioner shall, within 90 days after the hearing, approve or disapprove the application and shall file a written memorandum of his decision in...
- Section 17:52-9 - Approval Of Application By Charter; Record
If the commissioner shall determine, as a result of the hearing and of the independent investigation made by him (a) that the capital stock...
- Section 17:52-10 - Concurrence By Banking Advisory Board
If the Commissioner of Banking and Insurance approves the application for charter, he shall present the record of the hearing and a memorandum of...
- Section 17:52-11 - Beginning Of Corporate Existence
A. Upon the filing of the certificate of incorporation pursuant to section 10 of this act, the subscribers to the certificate, their successors and...
- Section 17:52-12 - Powers
Every corporation organized pursuant to this act shall have power to (a) lend money and make investments for the purposes expressed in section 1...
- Section 17:52-13 - Directors
The business and affairs of every business development corporation shall be managed by a board of directors consisting of not less than 9 and...
- Section 17:52-14 - Members; Qualifications
Any bank, trust company, national bank, insurance company, surety company or public utility company which is authorized to transact business in this State shall...
- Section 17:52-15 - Members; Obligations
Each member shall, when called upon to do so by the board of directors, lend money to the corporation, but no member shall make...
- Section 17:52-16 - Members; Termination Of Membership
Any member may withdraw from membership at the expiration of 3 months from the date when written notice of intention to withdraw is given...
- Section 17:52-17 - Members; Stockholders; Voting Rights; Preemptive Rights
At all meetings of the corporation, members and stockholders shall vote by classes. Each stockholder shall have 1 vote, in person or by proxy,...
- Section 17:52-18 - Banks And Trust Companies; Powers
Every bank and trust company organized under the laws of this State shall have power to become a member and a stockholder of a...
- Section 17:52-19 - Other Corporations; Powers
Corporations of this State other than banks and trust companies may also become stockholders of a business development corporation, except in any case where...
- Section 17:52-20 - Limitations On Indebtedness
No business development corporation shall voluntarily incur any liability or indebtedness at any time when the incurring of any such liability or indebtedness will...
- Section 17:52-21 - Loans Prohibited
No business development corporation shall make a loan to any of its officers or directors, or to any partnership of which such an officer...
- Section 17:52-22 - Reports
A. Every business development corporation shall, not later than February 15 of each year, or within such extended period, not to exceed 45 days,...
- Section 17:52-23 - Supervision By Commissioner Of Banking And Insurance
A. The Commissioner of Banking and Insurance shall, whenever and as often as he deems it necessary, cause the affairs of every business development...
- Section 17:52-24 - Filing Fees And Costs Of Examination
In administering the provisions of this act, the Commissioner of Banking and Insurance shall receive, for the use of the State, the same filing...
- Section 17:52-25 - Business Development Corporation Not Deemed Banking Institution
No business development corporation shall be deemed to be a banking institution for any purpose whatsoever, nor shall any such corporation accept deposits or...
- Section 17:52-26 - Applicability Of Act
Nothing in this act shall affect or apply to any person, corporation, partnership or association which is otherwise by law authorized to exercise, or...
- Section 17:52-27 - Short Title
This act shall be known as the Business Development Corporation Act of 1957. L.1957, c. 218, p. 763, s. 27.
Last modified: October 11, 2016