reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 6 - STATE AUDITOR › Chapter 6.6 - INSURANCE DEPARTMENT › Subchapter 6.6.13 - Proxies, Consents, and Authorizations Of Domestic Stock Insurers › Rule 6.6.1312 - PROXY STATEMENTS-BONUS, PROFIT-SHARING, AND OTHER REMUNERATION PLANS

Current through Register Vol. 13, July 5, 2024
If action is to be taken with respect to any bonus,
				  profit-sharing, or other remuneration plan of the insurer, the proxy statement
				  shall furnish the following information:
(1) A brief description of the material
				features of the plan, each class of persons who will participate in the plan,
				the approximate number of persons in each class, and the basis of
				participation;
(2) The amounts
				which would have been distributable under the plan during the last calendar
				year to each director, nomi-nee for director, and officer of the insurer, to
				directors and officers as a group, and to all other employees as a group, if
				the plan had been in effect;
(3) If
				the plan to be acted upon may be amended, other than by a vote of stockholders,
				in a manner which would mater-ially increase the cost of the plan to the
				insurer or materially alter the allocation of the benefits as between the
				groups specified in subsection (2) of this rule, the nature of those
				amendments.
Sec.
					 33-3-447 MCA; IMP, Sec.
					 33-3-447
					 MCA;
Administrative Rules of Montana › Department 6 - STATE AUDITOR › Chapter 6.6 - INSURANCE DEPARTMENT › Subchapter 6.6.13 - Proxies, Consents, and Authorizations Of Domestic Stock Insurers › Rule 6.6.1313 - PROXY STATEMENTS-PENSION AND RETIREMENT PLANS

Current through Register Vol. 13, July 5, 2024
If action is to be taken with respect to any pension or
				  retirement plan of the insurer, the proxy statement shall furnish the following
				  information:
(1) A brief description
				of the material features of the plan, each class of persons who will
				participate in the plan, the approximate number of persons in each class, and
				the basis of participation;
(2) The
				approximate total amount necessary to fund the plan with respect to past
				services, the period over which that total amount is to be paid, and the
				estimated annual payments necessary to pay the total amount over that period,
				the estimated annual payment to be made, with respect to current ser-vices, and
				the amount of the annual payments to be made for the benefit of each director,
				nominee for director, and officer of the insurer, directors and officers as a
				group, and employees as a group;
(3) If the plan to be acted upon may be
				amended, other than by a vote of stockholders,, in a manner which would
				materially increase the cost of the plan to the insurer or to materially alter
				the allegation, of the benefits as between the groups specified in subsection
				(2) of this rule, the nature of such amendments.
Sec.
					 33-3-447 MCA; IMP, Sec.
					 33-3-447
					 MCA;
Administrative Rules of Montana › Department 6 - STATE AUDITOR › Chapter 6.6 - INSURANCE DEPARTMENT › Subchapter 6.6.13 - Proxies, Consents, and Authorizations Of Domestic Stock Insurers › Rule 6.6.1314 - PROXY STATEMENTS-OPTIONS, WARRANTS, OR RIGHTS

Current through Register Vol. 13, July 5, 2024
If action is to be taken with respect to the granting or
				  extension of any options, warrants, or rights (all referred to in this rule as
				  "warrants") to purchase stock of the insurer or any subsidiary or affiliate,
				  other than warrants issued to all stock holders on a pro-rata basis, the proxy
				  statement shall furnish the following information:
(1) The title and amount of stock called for
				or to be called for, the prices, expiration dates and other material conditions
				upon which the warrants may be exercised, the consideration received or to be
				received by the insurer, subsidiary or affiliate for the granting or extension
				of the warrants, and the market value of the stock called for or to be called
				for by the warrants, as of the latest practicable date;
(2) If known, a separate statement of the
				amount of stock called for or to be called for by warrants received or to be
				received by each director, nominee for director, and officer of the insurer,
				and each other person who will be entitled to acquire 5% or more of the stock
				called for or to be called for by such warrants, naming each of them;
(3) If known, a statement of the total amount
				of stock called for or to be called for by the warrants, received or to be
				received by all directors and officers of the company as a group and all
				employees, without naming them.
Sec.
					 33-3-447 MCA; IMP, Sec.
					 33-3-447
					 MCA;
Administrative Rules of Montana › Department 6 - STATE AUDITOR › Chapter 6.6 - INSURANCE DEPARTMENT › Subchapter 6.6.13 - Proxies, Consents, and Authorizations Of Domestic Stock Insurers › Rule 6.6.1315 - PROXY STATEMENTS-AUTHORIZATION OR ISSUANCE OF STOCK

Current through Register Vol. 13, July 5, 2024
(1) If action is to be taken with respect to
				the author- ization or issuance of any stock of the insurer, the proxy
				statement shall furnish the title, amount and description of the stock to be
				authorized or issued.
(2) If the
				shares of stock to be authorized or issued are other than additional shares or
				common stock of a class out-standing, the proxy statement shall furnish a brief
				summary, if applicable, of dividend, voting, liquidation, pre-emptive, and
				conversion rights, redemption and sinking fund provisions, interest rate, and
				date of maturity.
(3) If the shares
				of stock to be authorized or issued are other than additional shares of common
				stock of a class out-standing, the commissioner may require financial
				statements comparable to those contained in the annual report.
Sec.
					 33-3-447 MCA; IMP, Sec.
					 33-3-447
					 MCA;
Administrative Rules of Montana › Department 6 - STATE AUDITOR › Chapter 6.6 - INSURANCE DEPARTMENT › Subchapter 6.6.13 - Proxies, Consents, and Authorizations Of Domestic Stock Insurers › Rule 6.6.1316 - PROXY STATEMENTS-MERGERS, CONSOLIDATIONS, ACQUISITIONS, AND SIMILAR MATTERS

Current through Register Vol. 13, July 5, 2024
(1) If action is to
				be taken with respect to a merger, consolidation, acquisition, or similar
				matter, the proxy statement shall furnish in brief outline the following
				information:
(a) The rights of appraisal or
				similar rights of dissenters with respect to any matters to be acted upon, and
				any procedure required to be followed by dissenting stockholders in order to
				perfect those rights;
(b) The
				material features of the plan or agreement;
(c) The business done by the company to be
				aquired or whose assets are being acquired;
(d) If available, the high and low sales
				prices for each quarterly period within two years;
(e) The percentage of outstanding shares
				which must approve the transaction before it is consummated.
Administrative Rules of Montana › Department 6 - STATE AUDITOR › Chapter 6.6 - INSURANCE DEPARTMENT › Subchapter 6.6.13 - Proxies, Consents, and Authorizations Of Domestic Stock Insurers › Rule 6.6.1317 - PROXY STATEMENTS-RESTATEMENT OF ASSETS AND ACCOUNTS

Current through Register Vol. 13, July 5, 2024
If action is to be taken with respect to the restatement of
				  any asset, capital, or surplus of the insurer, the proxy statement shall
				  furnish the following information:
(1)
				The nature of the restatement and the date as of which it is to be
				effective;
(2) A brief outline of
				the reasons for the restatement and for the selection of the particular
				effective date;
(3) The name and
				amount of each account affected by the restatement and the effect of the
				restatement on each affected account.
Sec.
					 33-3-447 MCA; IMP, Sec.
					 33-3-447
					 MCA;
Administrative Rules of Montana › Department 6 - STATE AUDITOR › Chapter 6.6 - INSURANCE DEPARTMENT › Subchapter 6.6.13 - Proxies, Consents, and Authorizations Of Domestic Stock Insurers › Rule 6.6.1318 - PROXY STATEMENTS-AMENDMENT OF CHARTER, BY-LAWS, OR OTHER DOCUMENTS

Current through Register Vol. 13, July 5, 2024
(1) If action is to be taken with respect to
				any amendment of the insurer's charter, by-laws, or other documents as to which
				information is not required by the pre-ceding rules in this sub-chapter, the
				proxy statement shall state briefly the reasons for and general effect of the
				amendment and the vote needed for its approval.
Sec.
					 33-3-447 MCA; IMP, Sec.
					 33-3-447
					 MCA;
Administrative Rules of Montana › Department 6 - STATE AUDITOR › Chapter 6.6 - INSURANCE DEPARTMENT › Subchapter 6.6.13 - Proxies, Consents, and Authorizations Of Domestic Stock Insurers › Rule 6.6.1319 - PROXY STATEMENTS-SUBMISSION WHEN STOCKHOLDER VOTE NOT REQUIRED

Current through Register Vol. 13, July 5, 2024
(1) If action is to be taken with respect to
				any matter which is not required to be submitted to a vote of stockholders, the
				proxy statement shall state the nature of the matter, the reason for submitting
				it to a vote of stockholders, and any action intended by the management in the
				event of a negative vote on the matter by the stockholders.
Sec.
					 33-3-447 MCA; IMP, Sec.
					 33-3-447
					 MCA;
Administrative Rules of Montana › Department 6 - STATE AUDITOR › Chapter 6.6 - INSURANCE DEPARTMENT › Subchapter 6.6.13 - Proxies, Consents, and Authorizations Of Domestic Stock Insurers › Rule 6.6.1320 - CONTENTS AND FORM OF PROXIES AND PROXY STATEMENTS

Current through Register Vol. 13, July 5, 2024
(1) The form of proxy shall:
(a) Indicate in bold-face type whether or not
				the proxy is solicited on behalf of the management;
(b) Provide a specifically designated blank
				space for dating the proxy; and
(c)
				Identify clearly and impartially each matter or group of related matters
				intended to be acted upon, whether proposed by the management or by
				stockholders.
Administrative Rules of Montana › Department 6 - STATE AUDITOR › Chapter 6.6 - INSURANCE DEPARTMENT › Subchapter 6.6.13 - Proxies, Consents, and Authorizations Of Domestic Stock Insurers › Rule 6.6.1321 - PROXIES-DISCRETIONARY AUTHORITY

Current through Register Vol. 13, July 5, 2024
(1) A proxy may
				confer discretionary authority with respect to other matters which may come
				before the meeting, provided the persons on whose behalf the solicitation is
				made are not aware a reasonable time prior to the time the solicitation is made
				that any other matters are to be presented for action at the meeting and
				provided further that a specific statement to that effect is made in the proxy
				statement or in the form of proxy.
Sec.
					 33-3-447 MCA; IMP, Sec.
					 33-3-447
					 MCA;
Administrative Rules of Montana › Department 6 - STATE AUDITOR › Chapter 6.6 - INSURANCE DEPARTMENT › Subchapter 6.6.13 - Proxies, Consents, and Authorizations Of Domestic Stock Insurers › Rule 6.6.1322 - PROXIES-PROHIBITED AUTHORITY

Current through Register Vol. 13, July 5, 2024
(1) No proxy may
				confer authority to vote for the election of any person to any office for which
				a bona fide nominee is not named in the proxy statement, or to vote at any
				annual meeting other than the next annual meeting (or any adjournment thereof)
				to be held after the date on which the proxy statement and form of proxy are
				first sent or given to stockholders.
Sec.
					 33-3-447 MCA; IMP, Sec.
					 33-3-447
					 MCA;
Administrative Rules of Montana › Department 6 - STATE AUDITOR › Chapter 6.6 - INSURANCE DEPARTMENT › Subchapter 6.6.13 - Proxies, Consents, and Authorizations Of Domestic Stock Insurers › Rule 6.6.1323 - MATERIALS SUBJECT TO FILING REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) Two preliminary copies of the proxy
				statement and form of proxy and any other soliciting material to be furnished
				concurrently to stockholders shall be filed with the commissioner of insurance
				at least 10 days prior to the date copies of the material are first sent or
				given to stockholders. The commissioner may, upon showing of good cause, allow
				materials to be sent to stockholders within a shorter period of time following
				filing.
(2) Two copies of the proxy
				statement, form of proxy and all other solicitating material, in the form the
				material is actually furnished to stockholders, shall be filed with the
				commissioner not later than the date the material is first sent or given to the
				stockholders.
(3) Where a proxy
				statement, form of proxy or other material filed pursuant to this sub-chapter
				or sub-chapter 14 is amended or revised, two of the copies shall be marked to
				clearly show any changes.
(4)
				Copies of replies to inquiries from stockholders requesting further
				information, and copies of communications which do no more than request that
				forms of proxy previously solicited be signed and returned, need not be filed
				pursuant to this rule.
(5) Copies
				of soliciting material in the form of speeches, press releases, and radio or
				television scripts need not be filed with the commissioner prior to use or
				publication. However, this type of material shall be filed with or mailed for
				filing to the commissioner as required by this rule not later than the date the
				material is used or published. The provisions of this rule apply, however, to
				any reprints or reproductions of such material.
Sec.
					 33-3-447 MCA; IMP, Sec.
					 33-3-447
					 MCA;
Administrative Rules of Montana › Department 6 - STATE AUDITOR › Chapter 6.6 - INSURANCE DEPARTMENT › Subchapter 6.6.13 - Proxies, Consents, and Authorizations Of Domestic Stock Insurers › Rule 6.6.1324 - PROHIBITED ACTIONS AND SOLICITATIONS

Current through Register Vol. 13, July 5, 2024
(1)
				No domestic stock insurer subject to this sub-chapter, and no director,
				officer, or employee of such an insurer, and no other person, may solicit or
				permit the use of his name to solicit, by mail or otherwise, any proxy,
				consent, or authorization in respect of any stock of that insurer contrary to
				the provisions of this sub-chapter.
Sec.
					 33-3-447 MCA; IMP, Sec.
					 33-3-447
					 MCA;
Administrative Rules of Montana › Department 6 - STATE AUDITOR › Chapter 6.6 - INSURANCE DEPARTMENT › Subchapter 6.6.13 - Proxies, Consents, and Authorizations Of Domestic Stock Insurers › Rule 6.6.1325 - PROHIBITED STATEMENTS

Current through Register Vol. 13, July 5, 2024
(1) No solicitation
				subject to this sub-chapter may be made by means of a proxy statement, form of
				proxy, notice of meeting, or other communication, written or oral, containing
				any statement which:
(1) Is, at the time and
				in the light of the circumstances under which it is made, false or misleading
				with respect to any material fact;
(2) Fails to state any material fact
				necessary in order to make the statements therein not false or misleading;
				or
(3) Fails to state any material
				fact necessary to correct any statement, made in an earlier communication with
				respect to the solicitation of a proxy for the same meeting or subject matter,
				which has become false or misleading.
Administrative Rules of Montana › Department 6 - STATE AUDITOR › Chapter 6.6 - INSURANCE DEPARTMENT › Subchapter 6.6.13 - Proxies, Consents, and Authorizations Of Domestic Stock Insurers › Rule 6.6.1326 - UNDATED OR POSTDATED PROXIES PROHIBITED

Current through Register Vol. 13, July 5, 2024
(1)
				No person making a solicitation subject to this sub-chapter may solicit any
				undated or postdated proxy or any proxy which pro-vides that it shall be
				considered dated as of any date after it is signed by the
				stockholder.
Sec.
					 33-3-447 MCA; IMP, Sec.
					 33-3-447
					 MCA;
Administrative Rules of Montana › Department 6 - STATE AUDITOR › Chapter 6.6 - INSURANCE DEPARTMENT › Subchapter 6.6.14 - Proxies, Consents, and Authorizations- Special Provisions Applicable to Election Contests › Rule 6.6.1401 - APPLICABILITY

Current through Register Vol. 13, July 5, 2024
(1) This sub-chapter applies to any
				solicitation made by a person or group for the purpose of opposing any
				solicitation which is subject to sub-chapter 13 of this chapter and which was
				made by any other person or group with respect to the election or removal of
				directors at any annual or special meeting of stockholders.
Sec.
					 33-3-447 MCA; IMP, Sec.
					 33-3-447
					 MCA;
Administrative Rules of Montana › Department 6 - STATE AUDITOR › Chapter 6.6 - INSURANCE DEPARTMENT › Subchapter 6.6.14 - Proxies, Consents, and Authorizations- Special Provisions Applicable to Election Contests › Rule 6.6.1402 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
As used in this sub-chapter, unless the context indicates
				  otherwise:
(1) "Solicit" and
				"solicitation" include:
(a) Any request for a
				proxy, whether or not accompanied by or included in a form of proxy;
				or
(b) Any request to execute, not
				execute, or revoke a proxy; or
(c)
				The furnishing of a proxy or other communication to stockholders under
				circumstances reasonably calculated to re-sult in the procurement, withholding,
				or revocation of a proxy.
Administrative Rules of Montana › Department 6 - STATE AUDITOR › Chapter 6.6 - INSURANCE DEPARTMENT › Subchapter 6.6.14 - Proxies, Consents, and Authorizations- Special Provisions Applicable to Election Contests › Rule 6.6.1403 - MATERIALS SUBJECT TO FILING REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) A solicitation subject to this
				sub-chapter may not be made by any person other than the management of an
				insurer unless at least 5 business days prior to the solicitation, or within a
				shorter period which the commissioner of insurance may author- ize upon a
				showing of good cause, there has been filed with the commissioner, by or on
				behalf of each participant in the solicitation, a statement in duplicate
				containing the information required by this sub-chapter and accompanied by a
				copy of any material to be distributed to stockholders in furtherance of the
				solicitation. Where preliminary copies of any materials are filed, distribution
				to stockholders must be deferred until the commissioner's comments have been
				received and complied with.
(2)
				Within 5 business days after a solicitation subject to this sub-chapter is made
				by the management of an insurer, or within a longer period which the
				commissioner may authorize upon a showing of good cause, there shall be filed
				with the commissioner, by or on behalf of each participant in the solicitation
				other than the insurer, and by or on behalf of each management nominee for
				director, a statement in duplicate containing the information required by this
				sub-chapter.
(3) If any
				solicitation on behalf of management or any other person has been made, or if
				proxy material is ready for distribution, prior to a solicitation subject to
				this sub-chapter in opposition thereto, a statement in duplicate con-taining
				the information required by this sub-chapter shall be filed with the
				commissioner, by or on behalf of each participant in the prior solicitation
				other than the insurer, as soon as reasonably practicable after the
				commencement of the solicitation in opposition thereto.
(4) If, subsequent to the filing of the
				statements required by subsections (1), (2), and (3) of this rule, additional
				persons become participants in a solicitation subject to this rule, there shall
				be filed with the commissioner by or on behalf of each of those persons a
				statement in duplicate, containing the information required by this
				sub-chapter, within 3 business days after each person becomes a participant or
				a longer period which the commissioner may authorize upon a showing of good
				cause.
(5) If any material change
				occurs in the facts reported in any statement filed by or on behalf of any
				participant, an appropriate amendment to that statement shall be filed promptly
				with the commissioner.
(6) Each
				statement and amendment filed pursuant to this rule becomes part of the public
				files of the commissioner.
Sec.
					 33-3-447 MCA; IMP, Sec.
					 33-3-447
					 MCA;
Administrative Rules of Montana › Department 6 - STATE AUDITOR › Chapter 6.6 - INSURANCE DEPARTMENT › Subchapter 6.6.14 - Proxies, Consents, and Authorizations- Special Provisions Applicable to Election Contests › Rule 6.6.1404 - SOLICITATIONS PRIOR TO FURNISHING REQUIRED WRITTEN PROXY STATEMENT

Current through Register Vol. 13, July 5, 2024
Notwithstanding the provisions of ARM
				  6.6.1304(1), a
				  solicitation subject to this sub-chapter may be made prior to furnishing
				  stockholders a written proxy statement containing the information specified in
				  sub-chapter 13 with respect to the solicitation, provided that:
(1) The statements required by ARM
				6.6.1403 are filed by or on behalf
				of each participant in the solicitation;
(2) No form or proxy is furnished to
				stockholders prior to the time the written proxy statement required by ARM
				6.6.1304(1) is
				furnished to such persons. However, this requirement does not apply where a
				proxy statement meeting the requirements of sub-chapter 13 has been furnished
				to stockholders;
(3) At least the
				information required by ARM
				6.6.1403(2) to be
				filed by each participant, or any appropriate summary is included in each
				communication sent or given to stockholders in connection with the
				solicitation;
(4) A written proxy
				statement containing the information specified in sub-chapter 13 with respect
				to a solicitation is sent or given stockholders at the earliest practicable
				date.
Sec.
					 33-3-447 MCA; IMP, Sec.
					 33-3-447
					 MCA;
Administrative Rules of Montana › Department 6 - STATE AUDITOR › Chapter 6.6 - INSURANCE DEPARTMENT › Subchapter 6.6.14 - Proxies, Consents, and Authorizations- Special Provisions Applicable to Election Contests › Rule 6.6.1405 - FILING REQUIREMENTS FOR SOLICITATIONS PRIOR TO PROXY STATEMENTS

Current through Register Vol. 13, July 5, 2024
(1) Two copies of any soliciting material
				proposed to be sent or given to stockholders prior to the furnishing of the
				written proxy statement required by ARM
				6.6.1304(1) shall
				be filed with the commissioner of insurance in preliminary form at least 5
				business days prior to the date definitive copies of such material are first
				sent or given to such persons, or within a shorter period which the
				commissioner may authorize upon a showing of good cause.
(2) Copies of soliciting material in the form
				of speeches, press releases, and radio or televisions scripts need not be filed
				with the commissioner prior to use or publication. However, two copies of this
				type of material, in the form it is used or published, shall be filed with or
				mailed for filing to the commissioner not later than the date the material is
				used or published. However, subsection (1) of this rule applies to any reprints
				or reproductions of the material.
Sec.
					 33-3-447 MCA; IMP, Sec.
					 33-3-447
					 MCA;
Administrative Rules of Montana › Department 6 - STATE AUDITOR › Chapter 6.6 - INSURANCE DEPARTMENT › Subchapter 6.6.14 - Proxies, Consents, and Authorizations- Special Provisions Applicable to Election Contests › Rule 6.6.1406 - ANNUAL REPORT COMMENTING ON SOLICITATION-FILING REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) Two copies of any portion of the annual
				report to stockholders referred to in ARM
				6.6.1304(2) and
				(3), which comments upon or refers to any
				solicitation subject to this sub-chapter or to any participant in the
				solicitation, other than the solicitation by the management, shall be filed
				with the commissioner of insurance as proxy material subject to this
				sub-chapter and sub-chapter 13.
(2)
				The copies shall be filed in preliminary form at least 5 business days prior to
				the date copies of the report are first sent or given to
				stockholders.
Sec.
					 33-3-447 MCA; IMP, Sec.
					 33-3-447
					 MCA;
Administrative Rules of Montana › Department 6 - STATE AUDITOR › Chapter 6.6 - INSURANCE DEPARTMENT › Subchapter 6.6.14 - Proxies, Consents, and Authorizations- Special Provisions Applicable to Election Contests › Rule 6.6.1407 - STATEMENTS FILED IN ELECTION CONTESTS-IDENTITY OF INSURER AND SOLICITOR OF PROXIES

Current through Register Vol. 13, July 5, 2024
(1) Each statement
				filed by or on behalf of a participant other than an insurer, in a proxy
				solicitation in an election contest, shall state the name and address of the
				insurer.
(2) Each statement filed
				by or on behalf of a participant other than an insurer, in a proxy solicitation
				in an election contest, shall state:
(a) The
				solicitor's name and business address;
(b) The solicitor's present principal
				occupation or employment and the name, principal business and address of any
				corporation or other organization in which such employment is carried
				on;
(c) The solicitor's residence
				address;
(d) Information as to all
				material occupations, positions, offices or employments of the solicitor during
				the last ten years, giving starting and ending dates of each and the name,
				principal business and address of any business corporation or other business
				organization in which each occupation, position, office, or employment was
				carried on;
(e) Whether the
				solicitor is or has been a participant in any other proxy contest involving
				this company or other companies within the past ten years, and, if so, the
				names of the principals, the subject matter, and the solicitor's relationship
				to the parties and the outcome;
(f)
				Whether, during the past ten years, the solicitor has been convicted in a
				criminal proceeding (excluding traffic violations or similar misdemeanors) and,
				if so, the pertinent dates, nature of conviction, name and location of court,
				and penalty imposed or other disposition of the case. A negative answer to this
				item need not be included in the proxy statement or other proxy soliciting
				material.
Administrative Rules of Montana › Department 6 - STATE AUDITOR › Chapter 6.6 - INSURANCE DEPARTMENT › Subchapter 6.6.14 - Proxies, Consents, and Authorizations- Special Provisions Applicable to Election Contests › Rule 6.6.1408 - STATEMENTS FILED IN ELECTION CONTESTS-SOLICITOR'S STOCK INTERESTS

Current through Register Vol. 13, July 5, 2024
Each statement filed by or on behalf of a participant other
				  than an insurer, in a proxy solicitation in an election contest, shall
				  state:
(1) The amount of each class of
				stock of the insurer which the solicitor owns beneficially, directly or
				indirectly;
(2) The amount of each
				class of stock of the insurer which the solicitor owns of record but not
				beneficially;
(3) With respect to
				the stock subject to subsections (1) and (2) of this rule, the amounts acquired
				within the past 2 years, the dates of acquisition, and the amounts acquired on
				each date;
(4) If any part of the
				purchase price or market value of any of the stated stock is represented by
				funds borrowed or otherwise obtained for the purpose of acquiring or holding
				the stock, the amount of the indebtedness as of the latest practicable date,
				and, if the funds were borrowed or obtained otherwise than pursuant to a margin
				account or bank loan in the regular course of business of a bank, broker, or
				dealer, the nature of the transaction and the names of the parties;
(5) Whether the solicitor is a party to any
				contracts, arrangements, or understandings with any person with respect to any
				stock of the insurer, including but not limited to joint ventures, loan or
				option arrangements, puts or calls, guarantees against loss or guarantees of
				profits, division of losses or profits, or the giving or withholding of
				proxies, and, if so, the names of the persons with whom such contracts,
				arrangements, or understandings exist and the details thereof;
(6) The amount of stock of the insurer owned
				beneficially, directly or indirectly, by each of the solicitor's associates and
				the name and address of each associate;
(7) The amount of each class of stock of any
				parent, subsidiary or affiliate of the insurer which the solicitor owns
				beneficially, directly or indirectly.
Sec.
					 33-3-447 MCA; IMP, Sec.
					 33-3-447
					 MCA;
Administrative Rules of Montana › Department 6 - STATE AUDITOR › Chapter 6.6 - INSURANCE DEPARTMENT › Subchapter 6.6.14 - Proxies, Consents, and Authorizations- Special Provisions Applicable to Election Contests › Rule 6.6.1409 - STATEMENTS FILED IN ELECTION CONTESTS-ADDITIONAL REQUIREMENTS AND SIGNATURE

Current through Register Vol. 13, July 5, 2024
(1) Each statement filed by or on behalf of a
				participant other than an insurer, in a proxy solicitation in an election
				contest, shall state:
(a) The time and
				circumstances under which the solicitor became a participant in the
				solicitation and the nature and extent of the solicitor's activities or
				proposed activities as a participant;
(b) Where practicable, a brief statement of
				the approximate amount of any material interest, direct or indirect, of the
				solicitor and of each of his associates in any material transactions since the
				beginning of the company's last fiscal year, or in any material proposed
				transaction, to which the company or any of its subsidiaries or affiliates was
				or is to be a party;
(c) Whether
				the solicitor or any of his associates have any arrangement or understanding
				with any person with respect to any future employment by the insurer or its
				subsidiaries or affiliates, or with respect to any future transactions to which
				the insurer or any of its subsidiaries or affiliates will be or may be a party,
				and, if so, a description of the arrangement or understanding and the names of
				the parties to it.
Administrative Rules of Montana › Department 6 - STATE AUDITOR › Chapter 6.6 - INSURANCE DEPARTMENT › Subchapter 6.6.15 - Crop Hail Insurance › Rule 6.6.1501 - CROP HAIL INSURANCE RATES

Current through Register Vol. 13, July 5, 2024
(1) All crop
				hail insurance rates, used by an insurer authorized to transact crop hail or
				multiple peril insurance, shall be based on the latest available cumulative
				crop hail insurance statistics for this state.
Sec.
					 33-16-202 MCA; IMP, Sec.
					 33-16-201
					 MCA;
Administrative Rules of Montana › Department 6 - STATE AUDITOR › Chapter 6.6 - INSURANCE DEPARTMENT › Subchapter 6.6.15 - Crop Hail Insurance › Rule 6.6.1502 - CROP HAIL INSURANCE RATE FILINGS

Current through Register Vol. 13, July 5, 2024
(1) Any
				crop hail insurer proposing to use rates or advisory final average loss costs
				other than those filed by the national crop insurance services shall first file
				the proposed rates or advisory final average loss costs with the commissioner
				of insurance for his approval.
(2)
				Proposed rates subject to subsection (1) of this rule shall be filed on or
				before March 15 of each year.
Sec.
					 33-16-202 MCA; IMP, Sec.
					 33-16-201
					 MCA;
Administrative Rules of Montana › Department 6 - STATE AUDITOR › Chapter 6.6 - INSURANCE DEPARTMENT › Subchapter 6.6.15 - Crop Hail Insurance › Rule 6.6.1503 - CROP HAIL INSURANCE RATE DEVIATION FILINGS

Current through Register Vol. 13, July 5, 2024
(1) A crop hail insurer proposing to use
				rates or advisory final average loss costs, based upon the rates or advisory
				final average loss costs filed by the national crop insurance services but
				which deviate from those rates or advisory final average loss costs in any
				aspect, shall first file the proposed rates or advisory final average loss
				costs with the commissioner of insurance for his approval.
(2) An insurer shall include with rates filed
				pursuant to subsection (1) of this rule, cumulative crop hail statistics
				indicating the insurer's expense loading substantiating the proposed rate
				deviation.
(3) Proposed rates
				subject to subsection (1) of this rule shall be filed on or before March 15 of
				each year.
Sec.
					 33-16-202 MCA; IMP, Sec.
					 33-16-201
					 MCA;
Administrative Rules of Montana › Department 6 - STATE AUDITOR › Chapter 6.6 - INSURANCE DEPARTMENT › Subchapter 6.6.15 - Crop Hail Insurance › Rule 6.6.1504 - CROP HAIL INSURANCE RATE MODIFICATIONS OR CHANGES-MULTIPLE PERIL COVERAGE

Current through Register Vol. 13, July 5, 2024
(1) A filing or submission, pertaining to
				multiple peril coverage for which rate changes or modifications are proposed,
				will be accepted only if notice of the proposed changes or modifications is
				provided to the commissioner of insurance not less than 30 days before the
				closing date established by the national crop insurance services for spring and
				fall sown crops.
Sec.
					 33-16-202 MCA; IMP, Sec.
					 33-16-201
					 MCA;
Administrative Rules of Montana › Department 6 - STATE AUDITOR › Chapter 6.6 - INSURANCE DEPARTMENT › Subchapter 6.6.15 - Crop Hail Insurance › Rule 6.6.1505 - CROP HAIL INSURERS-EXPERIENCE REPORTING

Current through Register Vol. 13, July 5, 2024
(1) Each insurer writing crop hail insurance
				in Montana shall annually report its crop hail experience to the national crop
				insurance services.
Sec.
					 33-16-202, MCA; IMP, Sec.
					 33-16-201,
					 MCA;
Administrative Rules of Montana › Department 6 - STATE AUDITOR › Chapter 6.6 - INSURANCE DEPARTMENT › Subchapter 6.6.15 - Crop Hail Insurance › Rule 6.6.1506 - PREMIUM DEFERRAL AND CASH DISCOUNTS

Current through Register Vol. 13, July 5, 2024
(1)
				Discounts based on the time or date of premium payment shall be permitted. Cash
				discounts based on full payment of premium will be permitted, with a maximum
				discount not to exceed 6% of the premium. The premium payment must be paid in
				full by the insured and accompany the application. The discount percentage
				amount must be shown on the declarations page of the policy. Insurers must
				include supporting data with filings that justify the discount.
(2) If full premium is not paid to the
				insurer at the time of policy inception, and if any interest charges to the
				insured are associated with the deferral of premium payment, a written premium
				finance agreement must be incorporated into the policy by explicit reference on
				the policy declarations page.
(3)
				Any plan an insurer intends to offer for the deferral of premiums or cash
				discounts must be included in the insurer's filing.
Sec.
					 33-16-202, MCA; IMP, Sec.
					 33-16-201,
					 MCA;
Administrative Rules of Montana › Department 6 - STATE AUDITOR › Chapter 6.6 - INSURANCE DEPARTMENT › Subchapter 6.6.15 - Crop Hail Insurance › Rule 6.6.1507 - EFFECTIVE DATE OF CROP INSURANCE POLICIES

Current through Register Vol. 13, July 5, 2024
(1)
				No crop insurance policy issued in Montana shall be effective prior to 12:01
				a.m. of the day following the day that the application is bound by the producer
				or insurer.
Sec.
					 33-16-202, MCA; IMP, Sec.
					 33-16-201,
					 MCA;
Administrative Rules of Montana › Department 6 - STATE AUDITOR › Chapter 6.6 - INSURANCE DEPARTMENT › Subchapter 6.6.15 - Crop Hail Insurance › Rule 6.6.1508 - INSURER GROUPS AND MANAGING GENERAL AGENTS

Current through Register Vol. 13, July 5, 2024
(1)
				Differing crop hail insurance rates or rating plans for affiliated insurance
				companies within a group or for different companies under the control of the
				same managing general agency shall not be permitted.
(2) No exposure to loss under any crop
				insurance policy shall be retained by any entity other than the insurer and its
				reinsurer. No managing general agency shall assume any exposure to loss under
				any crop insurance policy.
Sec.
					 33-16-202, MCA; IMP, Sec.
					 33-16-201,
					 MCA;
Administrative Rules of Montana › Department 6 - STATE AUDITOR › Chapter 6.6 - INSURANCE DEPARTMENT › Subchapter 6.6.16 - Public Adjusters › Rule 6.6.1601 - PURPOSE

Current through Register Vol. 13, July 5, 2024
(1) The purpose of this subchapter is to
				provide for the protection of consumers by examination, licensure, bonding, and
				regulation of public adjusters.
AUTH:
					 33-1-313,
					 33-17-102,
					 MCA; IMP:
					 33-17-102,
					 33-17-301,
					 MCA
Administrative Rules of Montana › Department 6 - STATE AUDITOR › Chapter 6.6 - INSURANCE DEPARTMENT › Subchapter 6.6.16 - Public Adjusters › Rule 6.6.1602 - DEFINITIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 33-1-313,
					 33-17-102,
					 MCA; IMP:
					 33-17-102(1)(c),
					 MCA
Administrative Rules of Montana › Department 6 - STATE AUDITOR › Chapter 6.6 - INSURANCE DEPARTMENT › Subchapter 6.6.16 - Public Adjusters › Rule 6.6.1603 - LICENSE REQUIRED - PENALTY (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 33-1-313,
					 33-17-102,
					 MCA; IMP:
					 33-17-102(1)(c),
					 MCA
Administrative Rules of Montana › Department 6 - STATE AUDITOR › Chapter 6.6 - INSURANCE DEPARTMENT › Subchapter 6.6.16 - Public Adjusters › Rule 6.6.1604 - QUALIFICATIONS FOR A PUBLIC ADJUSTER'S LICENSE (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 33-1-313,
					 33-17-102,
					 MCA; IMP:
					 33-17-102(1)(c),
					 MCA
Administrative Rules of Montana › Department 6 - STATE AUDITOR › Chapter 6.6 - INSURANCE DEPARTMENT › Subchapter 6.6.16 - Public Adjusters › Rule 6.6.1605 - SEPARATE LICENSES

Current through Register Vol. 13, July 5, 2024
(1) Separate
				licenses are required for independent adjusters and public adjusters. No person
				may be concurrently licensed both as an independent adjuster and a public
				adjuster.
AUTH:
					 33-1-313,
					 33-17-102,
					 MCA; IMP:
					 33-17-102,
					 33-17-303,
					 MCA
Administrative Rules of Montana › Department 6 - STATE AUDITOR › Chapter 6.6 - INSURANCE DEPARTMENT › Subchapter 6.6.16 - Public Adjusters › Rule 6.6.1606 - EXAMINATION FOR PUBLIC ADJUSTER'S LICENSE (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 33-1-313,
					 33-17-102,
					 MCA; IMP:
					 33-17-102(1)(c),
					 MCA
Administrative Rules of Montana › Department 6 - STATE AUDITOR › Chapter 6.6 - INSURANCE DEPARTMENT › Subchapter 6.6.16 - Public Adjusters › Rule 6.6.1607 - SCOPE OF EXAMINATION

Current through Register Vol. 13, July 5, 2024
(1) Each
				examination of a licensee as a public adjuster shall be as the commissioner may
				prescribe and shall be of sufficient scope reasonably to test the applicant's
				knowledge relative to a kind of insurance which may be dealt with under the
				license applied for and the duties and responsibilities of, and laws of this
				state applicable to such a licensee.
AUTH:
					 33-1-313,
					 33-17-102,
					 MCA; IMP:
					 33-17-102,
					 33-17-301,
					 MCA
Administrative Rules of Montana › Department 6 - STATE AUDITOR › Chapter 6.6 - INSURANCE DEPARTMENT › Subchapter 6.6.16 - Public Adjusters › Rule 6.6.1608 - EXAMINATIONS-FORM-TIME

Current through Register Vol. 13, July 5, 2024
(1) The examination shall be given at such
				times and places within this state as the commissioner deems
				necessary.
(2) The commissioner may
				require a waiting period of reasonable duration before giving a new examination
				to an applicant who has failed to pass a previous similar examination.
AUTH:
					 33-1-313,
					 33-17-102,
					 MCA; IMP:
					 33-17-102,
					 33-17-301,
					 MCA
Administrative Rules of Montana › Department 6 - STATE AUDITOR › Chapter 6.6 - INSURANCE DEPARTMENT › Subchapter 6.6.16 - Public Adjusters › Rule 6.6.1609 - THE COMMISSIONER SHALL PRESCRIBE THE FORM OF THE ADJUSTER'S LICENSE (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 33-1-313,
					 33-17-102,
					 MCA; IMP:
					 33-17-102(1)(c),
					 MCA
Administrative Rules of Montana › Department 6 - STATE AUDITOR › Chapter 6.6 - INSURANCE DEPARTMENT › Subchapter 6.6.16 - Public Adjusters › Rule 6.6.1610 - THE COMMISSIONER SHALL COLLECT IN ADVANCE THE FEES FOR A PUBLIC ADJUSTER'S LICENSE

Current through Register Vol. 13, July 5, 2024
(1) The
				commissioner shall collect in advance the fees for an adjuster's license listed
				in
				33-2-708,
				MCA.
AUTH:
					 33-1-313,
					 33-17-301,
					 MCA; IMP:
					 33-2-708,
					 MCA
Administrative Rules of Montana › Department 6 - STATE AUDITOR › Chapter 6.6 - INSURANCE DEPARTMENT › Subchapter 6.6.16 - Public Adjusters › Rule 6.6.1611 - PUBLIC ADJUSTER'S BOND

Current through Register Vol. 13, July 5, 2024
(1) Prior to
				the issuance of a license as a public adjuster, the applicant shall file with
				the commissioner a surety bond in favor of the people of Montana in the amount
				of $5,000, executed by a surety company authorized to do business in the state.
				The total aggregate liability on the bond may be limited to the payment of
				$5,000. The bond shall be conditioned on the accounting of the adjuster to any
				insured whose claim the adjuster is handling for moneys or any other settlement
				in connection with the claim.
(2)
				Any bond shall remain in force concurrently with the license, or until the
				surety is released from liability by the commissioner, or until canceled by the
				surety. Without prejudice to any liability accrued prior to the cancellation,
				the surety may cancel a bond upon 30 days written notice filed with the
				commissioner.
AUTH:
					 33-1-313,
					 33-17-102,
					 MCA; IMP:
					 33-17-102,
					 33-17-302,
					 MCA
Administrative Rules of Montana › Department 6 - STATE AUDITOR › Chapter 6.6 - INSURANCE DEPARTMENT › Subchapter 6.6.16 - Public Adjusters › Rule 6.6.1612 - PLACE OF BUSINESS (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 33-1-313,
					 33-17-102,
					 MCA; IMP:
					 33-17-102(1)(c),
					 MCA
Administrative Rules of Montana › Department 6 - STATE AUDITOR › Chapter 6.6 - INSURANCE DEPARTMENT › Subchapter 6.6.16 - Public Adjusters › Rule 6.6.1613 - POWERS CONFERRED BY THE PUBLIC ADJUSTER'S LICENSE

Current through Register Vol. 13, July 5, 2024
(1) Public adjusters shall adjust first party
				physical damage claims only.
AUTH:
					 33-1-313,
					 33-17-102,
					 MCA; IMP:
					 33-17-102,
					 MCA
Administrative Rules of Montana › Department 6 - STATE AUDITOR › Chapter 6.6 - INSURANCE DEPARTMENT › Subchapter 6.6.16 - Public Adjusters › Rule 6.6.1614 - DENIAL, SUSPENSION OR REVOCATION OF LICENSE (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 33-1-313,
					 33-17-102,
					 MCA; IMP:
					 33-17-102(1)(c),
					 MCA
Administrative Rules of Montana › Department 6 - STATE AUDITOR › Chapter 6.6 - INSURANCE DEPARTMENT › Subchapter 6.6.16 - Public Adjusters › Rule 6.6.1615 - PROCEDURE FOR REFUSAL, SUSPENSION OR REVOCATION (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 33-1-313,
					 33-17-102,
					 MCA; IMP:
					 33-17-102(1)(c),
					 MCA
Administrative Rules of Montana › Department 6 - STATE AUDITOR › Chapter 6.6 - INSURANCE DEPARTMENT › Subchapter 6.6.16 - Public Adjusters › Rule 6.6.1616 - NONRESIDENT PUBLIC ADJUSTERS (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 33-1-313,
					 33-17-102,
					 MCA; IMP:
					 33-17-102(1)(c),
					 MCA
Administrative Rules of Montana › Department 6 - STATE AUDITOR › Chapter 6.6 - INSURANCE DEPARTMENT › Subchapter 6.6.17 - Unfair Trade Practices › Rule 6.6.1701 - GENERAL BUSINESS PRACTICE OR GENERAL COURSE OF BUSINESS PRACTICE

Current through Register Vol. 13, July 5, 2024
(1) General business practice or general
				course of business practice shall be taken to mean multiple unfair claim
				settlement practice violations by the same company in different
				cases.
(2) This rule applies under
				Chapter 300, Laws of 1983 and
				33-18-201, MCA.
33-1-313 and
					 33-18-235, MCA; IMP,
					 33-18-201 and
					 33-18-231, et seq.,
					 MCA;
Administrative Rules of Montana › Department 6 - STATE AUDITOR › Chapter 6.6 - INSURANCE DEPARTMENT › Subchapter 6.6.18 - Standard Valuation and Standard Nonforfeiture › Rule 6.6.1801 - PURPOSE

Current through Register Vol. 13, July 5, 2024
(1) The purpose of these rules is to permit
				individual life insurance policies to provide the same cash surrender values
				and paid-up nonforfeiture benefits for both men and women. No change in minimum
				valuation standards is implied by this rule.
33-1-313 and
					 33-20-208(8) (f),
					 MCA; IMP, 33-20-208(8),
					 MCA;
Administrative Rules of Montana › Department 6 - STATE AUDITOR › Chapter 6.6 - INSURANCE DEPARTMENT › Subchapter 6.6.18 - Standard Valuation and Standard Nonforfeiture › Rule 6.6.1802 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
For purposes of these rules, the following definitions
				  apply:
(1) "1980 CSO Table, with or
				without 10-year select mortality factors" means that mortality table,
				consisting of separate rates or mortality for male and female lives, developed
				by the society of actuaries committee to recommend new mortality table for
				valuation of standard individual ordinary life insurance, incorporated in the
				1980 NAIC amendments to the Model Standard Valuation Law and Standard
				Nonforfeiture Law for Life Insurance, and referred to in those models as the
				commissioner's 1980 Standard Ordinary Mortality Table, with or without 10-year
				select mortality factors.
(2) "1980
				CSO Table (M), with or without 10-year select mortality factors" means that
				mortality table consisting of the rates of mortality for male lives from the
				1980 CSO Table, with or without 10-year select mortality factors.
(3) "1980 CSO Table (F), with or without
				10-year select mortality factors" means that mortality table consisting of the
				rates of mortality for female lives from the 1980 CSO Table, with or without
				10-year select mortality factors.
(4) "1980 CET Table" means that mortality
				table consisting of separate rates of mortality for male and female lives,
				developed by the society of actuaries committee to recommend new mortality
				tables for valuation of standard individual ordinary life insurance,
				incorporated in the 1980 NAIC amendments to the Model Standard Valuation Law
				and Standard Nonforfeiture Law for Life Insurance, and referred to in those
				models as the commissioners 1980 Extended Term Insurance Table.
(5) "1980 CET Table (M) " means that
				mortality table consisting of the rates of mortality for male lives from the
				1980 CET Table.
(6) "1980 CET Table
				(F) " means that mortality table consisting of the rates of mortality for
				female lives from the 1980 CET Table.
33-1-313 and
					 33-20-208(8) (f),
					 MCA; IMP, 33-20-208(8),
					 MCA;