Section 325. Records of domestic insurers  


Latest version.
  • (a) Every domestic insurer and
      every licensed United States branch of an alien insurer entered  through
      this  state  shall, except as hereinafter provided, keep and maintain at
      its principal office in this state its charter and by-laws (in the  case
      of  a United States branch a copy thereof) and its books of account, and
      if a domestic stock  corporation  a  record  containing  the  names  and
      addresses  of  its  shareholders, the number and class of shares held by
      each and the dates when they respectively became the  owners  of  record
      thereof,  and  if  a domestic corporation the minutes of any meetings of
      its shareholders,  policyholders,  board  of  directors  and  committees
      thereof.  If any such records are kept in a language other than English,
      they shall be accompanied by accurate translations thereof.
        (b) A domestic insurer and a licensed United States branch of an alien
      insurer entered through this state may keep and maintain  its  books  of
      account  without this state if, in accordance with a plan adopted by its
      board of directors and approved by the superintendent, it  maintains  in
      this state suitable records in lieu thereof; provided, however, that the
      superintendent  may  after  notice  and  hearing  direct such insurer to
      return all or any of its books of account to this state if  such  return
      is  reasonably  necessary to protect the interests of the people of this
      state or to permit their inspection in  this  state  by  a  director,  a
      shareholder,  or,  in  the case of a mutual insurer, a policyholder, who
      has shown to the satisfaction of the superintendent that he has made  an
      application  to  such insurer for inspection of such books in good faith
      and for a necessary and legitimate purpose, and that  such  insurer  has
      either declined to permit such inspection without this state or to agree
      to  pay  any  additional  expenses  reasonably  to  be  incurred  by the
      applicant or his agent or attorney in connection with the inspection  of
      such  books  as  a result of their maintenance without this state. If in
      the judgment of the superintendent delay in the return  of  any  or  all
      books  of  account  of  such  insurer  may  be  hazardous,  or may cause
      irreparable injury, to the people of this state or to the  policyholders
      of  such  insurer  he  may  direct the return thereof without notice and
      hearing.
        (c) Notwithstanding the provisions of subsections (a) and (b) of  this
      section,  any  licensed United States branch of an alien insurer entered
      through this state which  keeps  and  maintains  its  books  of  account
      without  this  state  on  April first, nineteen hundred eighty-seven may
      continue to do so, unless the superintendent  determines,  after  notice
      and  hearing,  that the return of such books to this state is reasonably
      necessary to protect the interests of the people of this state.