reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 5 - (F&C 60-1) Cancellation of Insurance as a Result of Agent Non-Payment › Rule 19-1-5.01

Current through June 25, 2024
WHEREAS, it has come to the attention of the Department that
				  an excessive number of insureds are faced with cancellation or rejection of
				  insurance because of unfavorable information reflecting prior cancellation by
				  another company; and
WHEREAS, a substantial number of such prior cancellations are
				  for nonpayment of premium to the company when in fact the premium has been paid
				  in full to the company's agent, and such failure to remit premiums to the
				  company by the agent is no fault of the insured,
IT IS, THEREFORE, the opinion of this Department that the
				  agent failing to pay his company account, thereby jeopardizing the record of
				  his insured who is not at fault, is not qualified to act as an agent under the
				  provision of Section 5723.02 of the Mississippi Code of 1942, Annotated.
Any agent who fails to remit a premium collected from an
				  insured to a company, thereby causing a cancellation of said policy for
				  nonpayment of premium, shall be immediately subject to the provisions of
				  Sections 5723-02 and 5723-04 of the Mississippi Code of 1942, Annotated, and a
				  hearing will be called wherein the agent will be asked to show cause why his
				  license should not be revoked in accordance with the provisions of said
				  sections of the statute.
Miss. Code Ann. §
										83-17-71
				  (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 6 - (F&C 60-2) Free Insurance; Prohibition, Penalty › Rule 19-1-6.01

Current through June 25, 2024
We have noted from the newspapers that automobile dealers
				  continue to advertise free insurance in connection with the sale of
				  automobiles. As you are aware, there is no such thing as free insurance in
				  Mississippi and any advertising to the contrary is misleading and a violation
				  of the statute.
It will be appreciated if you will bulletin each of your
				  dealer-agents in Mississippi and instruct them that the next such advertisement
				  appearing in any publication or advertised over the radio or television will
				  result in a hearing for the purpose of revocation of such dealer's license as
				  an insurance agent.
In the event a countersigning agent is used and no licensed
				  agent is listed in the dealership, any insurance company through which
				  insurance is written under such an advertisement will be held strictly
				  accountable for the acceptance of such business.
Miss. Code Ann. §
										83-3-121 (Rev.
				  2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 7 - (F&C 68-1) Manufacturers Output Policy › Rule 19-1-7.01

Current through June 25, 2024
In the past the coverage as captioned above has been treated
				  subject to Section 5834-03(e) of the Mississippi Code of 1942, Annotated and
				  Recompiled and which we quote: "If the commission in its discretion shall
				  determine that a filing is impractical or unnecessary as to a kind, class,
				  subdivision or combination of insurance, it may by written order suspend the
				  requirement of filing as to such kind, class, subdivision or combination until
				  otherwise ordered by it. Such order shall be made known to the insurers and
				  rating organization affected thereby."
It is now the desire of this Commission to discontinue the
				  treatment of this coverage as in the past, this to take effect January 1, 1969.
				  After that time, your company should not write this type policy before first
				  having the approval of this Commission as to rate, rule and form.
Your full cooperation in this regard will be
				  appreciated.
Miss. Code Ann. §
										83-5-1
				  (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 8 - (F&C 68-2) Difference in Conditions Insurance › Rule 19-1-8.01

Current through June 25, 2024
At a recent scheduled meeting of the Mississippi Insurance
				  Commission, the above subject was discussed in detail and we now take this
				  manner of informing you of the procedure to be followed in this state in the
				  future concerning the writing of this coverage.
All licensed companies are hereby advised that "Difference in
				  Conditions" insurance is included in the broad regulatory powers of the
				  Mississippi Insurance Commission. It is the desire of this Commission that the
				  writing of this type coverage cease as of January 1, 1969, or until such time
				  as a filing has been submitted and approved. The Commission is aware of the
				  need for flexibility in rating the various risks and, therefore, asks that a
				  rating formula or, in lieu thereof, a statement, be submitted with the filing
				  concerning the method of rating. The coverage shall be written as an
				  endorsement to the standard fire policy. The Mississippi State Rating Bureau
				  will not audit this part of the overall policy but will mark it "No
				  Jurisdiction". At the same time the daily report is submitted to the Bureau, an
				  individual risk filing should be made with this office for informational
				  purposes only. All filings of this nature have been in the past, and will be in
				  the future, treated as confidential and access will not be made to the
				  public.
Your full cooperation in this regard will be
				  appreciated.
Miss. Code Ann.
				  §§
										83-2-7;
				  83-5-1 (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 9 - (F&C 73-1) Use of Investment Income in Ratemaking › Rule 19-1-9.01 - Section 1

Current through June 25, 2024
No rating organization, insurer or group of insurers that
				  transact an insurance business in this State shall file with this Commission
				  any rate schedule, or rate revision, which does not reflect, to the extent
				  prescribed hereinbelow, the investment income of each insurer whose experience
				  is incorporated in the filing.
Miss. Code Ann.
				  §§
										83-2-3;
				  83-5-1 (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 9 - (F&C 73-1) Use of Investment Income in Ratemaking › Rule 19-1-9.02 - Section 2

Current through June 25, 2024
For the purposes of this Regulation, the rate of investment
				  income shall mean the quotient of (1) the net investment gain or loss as shown
				  on line 9A of the Underwriting and Investment exhibit on Page 4, of the
				  appropriate Annual Statement, divided by (2) the cash and invested assets shown
				  as the sum of items one (1) to seven (7) inclusive, on Page 2 of the
				  appropriate Annual Statement or Annual Statements filed with the Mississippi
				  Insurance Department covering the period of time reflected by the statistical
				  data in such rate filing.
Miss. Code Ann.
				  §§
										83-2-3;
				  83-5-1 (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 9 - (F&C 73-1) Use of Investment Income in Ratemaking › Rule 19-1-9.03 - Section 3

Current through June 25, 2024
The amount of investment income allocated to a rate filing
				  shall be determined by multiplying the rate of investment income as determined
				  hereinabove by the sum of (1) reduced by the allowances for acquisition costs,
				  general expense, and taxes in the formula for the premiums which generated the
				  reserve.
Miss. Code Ann.
				  §§
										83-2-3;
				  83-5-1 (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 11 - (79-001) Payment of Premium Checks to Insurance Company › Rule 19-1-11.01

Current through June 25, 2024
WHEREAS, it has been shown that the need and justification
				  exists for the modification of this Department's Order of October 30, 1957
				  which states that ALL PREMIUM CHECKS SHALL BE MADE PAYABLE EITHER TO THE
				  COMPANY OR TO AN AUTHORIZED STATE AGENCY rather than to the individual agent
				  making the sale; and,
WHEREAS, it is still the practice of some companies and
				  agents in the state to have the insured make his premium check payable to the
				  agent personally or to the unlicensed agency; and,
WHEREAS, some questionable tactics, such as:
A. overcharges on the part of the agent or
				salesman who have the insured make the premium check payable personally to them
				or to an unlicensed agency which renders the insurer incapable of ascertaining
				the amount of premium actually charged and paid;
B. collection of annual premiums by agents
				and remittance of partial premiums only; and,
C. collection of premiums and failure to
				submit the application and/or full premium collected and due to the company;
THEREFORE, all licensed agents, insurers, agencies, insurance
				  companies, and supervising general agents are hereby ORDERED to handle premium
				  collections in the following manner:
A. ALL PREMIUM CHECKS SHALL BE MADE PAYABLE
				TO THE INSURANCE COMPANY WRITING SUCH POLICY OF INSURANCE, AND
B. AUTHORIZED RECEIPTS FROM THE COMPANY OR
				ITS AGENT WRITING SUCH POLICY OF INSURANCE MUST BE GIVEN AT THE TIME OF RECEIPT
				OF SUCH PREMIUM CHECK, SUCH RECEIPT MUST BE ON THE COMPANY'S PRINTED FORM
				COMMONLY USED BY, ON FILE WITH AND APPROVED BY THIS DEPARTMENT, AND MUST
				CLEARLY SHOW THE NAME AND ADDRESS OF THE COMPANY, THE DATE, NAME OF AGENT,
				TOTAL PREMIUM COLLECTED AT THE TIME OF THE GIVING OF SUCH RECEIPT AND TYPE OF
				POLICY TO BE ISSUED IN CONSIDERATION FOR SUCH PREMIUM. COMPANIES HAVING PRINTED
				RECEIPTS ALREADY ON HAND MAY USE A RUBBER STAMP UNTIL NEW FORMS ARE PRINTED.
ALL companies are further instructed to incorporate into
				  their receipts in bold type the following:
"ALL PREMIUM CHECKS MUST BE MADE PAYABLE TO THE COMPANY: DO
				  NOT MAKE CHECK PAYABLE TO THE AGENT OR LEAVE THE PAYEE BLANK"
FURTHER, all such companies are instructed to bulletin their
				  individual agents, either through the Home Office or District Regional Office,
				  and inform them of the contents of this Regulation.
Failure to comply with the provisions of this Regulation by
				  any company, agent or agency may result in a formal hearing for suspension or
				  revocation of license.
This regulation will take effect and be in force from and
				  after August 1, 1980.
Promulgated and Adopted, this the
				  4th Day Of June, 1980.
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 12 - (81-SIS-3) Proxies, Consents and Authorizations of Domestic Stock Insurers › Rule 19-1-12.01 - Statutory Authority

Current through June 25, 2024
This Regulation is promulgated by the Commissioner of
				  Insurance of the State of Mississippi to implement Sections
				  83-5-1,
				  83-5-19
				  and
				  83-19-79
				  through
				  83-19-97
				  of the Mississippi Code of 1972, as Amended, and is adopted pursuant to the
				  authority granted to said Commissioner in Sections
				  83-19-91
				  and
				  83-19-97.
Miss. Code Ann. §
										83-5-1;
				  83-5-19; 83-19-79 (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 12 - (81-SIS-3) Proxies, Consents and Authorizations of Domestic Stock Insurers › Rule 19-1-12.02 - Application of Regulation

Current through June 25, 2024
A. No domestic
				stock insurer which has any class of equity securities held of record by three
				hundred or more persons, or any director, officer, or employee of such insurer,
				or any other person, shall solicit, or permit the use of his name to solicit,
				by mail or otherwise, any proxy, consent, or authorization in respect of any
				such class of equity securities in contravention of this Regulation and
				Schedules A and B hereto annexed and hereby made a part of this Regulation,
				provided, however, that this Regulation shall not apply to any insurer if
				ninety-five percent or more of its equity securities is owned or controlled by
				a parent or an affiliated insurer and the remaining securities are held of
				record by less than 500 persons. A domestic stock insurer which files with the
				Securities and Exchange Commission with respect to any class of securities
				forms of proxies, consents, and authorizations complying with the requirements
				of the Securities Exchange Act of 1934, as amended, and the applicable
				regulations promulgated thereunder, shall be exempt from the provisions of this
				Regulation with respect to such class of securities.
B. Unless proxies, consents or authorizations
				in respect of any class of equity securities of a domestic insurer subject to
				Section 1(a) are solicited by or on behalf of the management of such insurer
				from the holders of record of such securities in accordance with this
				Regulation and the Schedules hereto prior to any annual or other meeting of
				such security holders, such insurer shall file with the Commissioner and
				transmit to every security holder who is entitled to vote in regard to any
				matter to be acted upon at the meeting and from whom a proxy is not solicited a
				written information statement containing the information specified in Schedule
				C hereto annexed.
Miss. Code Ann. §
										83-5-1;
				  83-5-19; 83-19-79 (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 12 - (81-SIS-3) Proxies, Consents and Authorizations of Domestic Stock Insurers › Rule 19-1-12.04 - Solicitations to Which Regulation Applies

Current through June 25, 2024
Section 11 of this Regulation shall apply to every
				  solicitation that is subject to Section 2. Sections 3 through 10 and Section 12
				  of this Regulation shall apply to every solicitation that is subject to Section
				  2 except the following:
A. Any
				solicitation made otherwise than on behalf of the issuer where the total number
				of persons is not more than ten.
B.
				Any solicitation by a person in respect of securities carried in his name or in
				the name of his nominee (otherwise than as voting trustee) or held in his
				custody, if such person:
1. Receives no
				commission or remuneration for such solicitation, directly or indirectly, other
				than reimbursement of reasonable expenses;
2. Furnishes promptly to the person solicited
				a copy of all soliciting material with respect to the same subject matter or
				meeting received from all persons who shall furnish copies thereof for such
				purpose and who shall, if requested, defray the reasonable expenses to be
				incurred in forwarding such material; and
3. In addition, does no more than impartially
				instruct the person solicited to forward a proxy to the person, if any, to whom
				the person solicited desires to give a proxy, or impartially request from the
				person solicited instructions as to the authority to be conferred by the proxy
				and state that a proxy will be given if no instructions are received by a
				certain date.
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 12 - (81-SIS-3) Proxies, Consents and Authorizations of Domestic Stock Insurers › Rule 19-1-12.06 - Requirements as To Proxy

Current through June 25, 2024
A. The form of
				proxy:
1. shall indicate in bold face type
				whether or not the proxy is solicited on behalf of the issuers board of
				directors, and, if not, by whom it is solicited;
2. shall provide a specifically designed
				blank space for dating the proxy; and,
3. shall identify clearly and impartially
				each matter or group of related matters intended to be acted upon, whether
				proposed by the issuer or by security holders. No reference needs to be made to
				proposals as to which discretionary authority is conferred pursuant to
				paragraph (c).
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 12 - (81-SIS-3) Proxies, Consents and Authorizations of Domestic Stock Insurers › Rule 19-1-12.07 - Presentation of Information in Proxy Statement

Current through June 25, 2024
A. The
				information included in the proxy statement shall be clearly presented and the
				statements made shall be divided into groups according to subject matter and
				the various groups of statements shall be preceded by appropriate
				headings.
B. All proxy statements
				shall disclose, under an appropriate caption, the date by which proposals of
				security holders intended to be presented at the next annual meeting must be
				received by the issuer for inclusion in the issuer's proxy statement and form
				of proxy relating to that meeting, such date to be calculated in accordance
				with the provisions of Section 10(a). If the date of the next annual meeting is
				subsequently advanced by more than 30 calendar days or delayed by more than 90
				calendar days from the date of the annual meeting to which the proxy statement
				relates, the issuer shall, in a timely manner, inform security holders must be
				received, by any means reasonably calculated to so inform them.
Miss. Code Ann. §
										83-5-19;
				  §
										83-19-91;
				  §
										83-19-97
				  (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 12 - (81-SIS-3) Proxies, Consents and Authorizations of Domestic Stock Insurers › Rule 19-1-12.08 - Material Required To Be Filed

Current through June 25, 2024
A. Three
				preliminary copies of the proxy statement and form of proxy and any other
				soliciting material to be furnished to security holders concurrently therewith
				(or the information statement pursuant to Schedule C) shall be filed with the
				Commissioner at least 10 days prior to the date definitive copies of such
				material are first sent or given to security holders, or such shorter period
				prior to that date as the Commissioner may authorize upon a showing of good
				cause therefore.
B. Three
				preliminary copies of any additional soliciting material relating to the same
				meeting or subject matter to be furnished to security holders subsequent to the
				proxy statement shall be filed with the Commissioner at least five days
				(exclusive of Saturdays, Sundays and holidays) prior to the date copies of such
				material are first sent or given to security holders, or such shorter period
				prior to such date as the Commissioner may authorize upon a showing of good
				cause therefor.
C. Three definitive
				copies of the proxy statement, form of proxy and all other soliciting material
				(or the information statement) in the form in which such material is furnished
				to security holders, shall be filed with, or mailed for filing to, the
				Commissioner no later than the date such material is first sent or given to any
				security holder.
D. Copies of
				replies to inquiries from security holders requesting further information and
				copies of communications which do no more than request that forms of proxy
				theretofore solicited be signed and returned need not be filed pursuant to this
				Section.
E. Notwithstanding the
				provisions of paragraphs (a) and (b) of this Section and of paragraph (e) of
				Section 13, copies of soliciting material in the form of speeches, press
				releases and radio or television scripts may, but need not, be filed with the
				Commissioner prior to use or publication. Three definitive copies, however,
				shall be filed with or mailed for filing to the Commissioner as required by
				paragraph (c) not later than the date such material is used or published. The
				provisions of paragraph (a) and (b) of this Section and of paragraph (e) of
				Section 13 shall apply, however, to any reprints or reproductions of all or any
				part of such material.
F. Where any
				proxy statement, form of proxy or other material filed pursuant to this
				Regulation is amended or revised, one of the copies of such amended or revised
				material filed pursuant to this Regulation shall be marked to indicate clearly
				and precisely the changes effected therein.
Miss. Code Ann. §
				  85-5-19; 83-19-91; §
										83-19-97
				  (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 12 - (81-SIS-3) Proxies, Consents and Authorizations of Domestic Stock Insurers › Rule 19-1-12.09 - Mailing Communications For Security Holders

Current through June 25, 2024
If the management of the issuer has made or intends to make
				  any solicitation subject to this Regulation, the issuer shall perform such of
				  the following acts as may be duly requested in writing with respect to the same
				  subject matter or meeting by any security holder who is, or security holders
				  who are, entitled to vote at least one percent of the votes entitled to be
				  voted on such matter and who shall defray the reasonable expenses to be
				  incurred by the issuer in the performance of the act or acts requested.
A. The issuer shall mail or otherwise furnish
				to such security holder, as promptly as practicable after the receipt of such
				request:
1. A statement of the approximate
				number of record owners and, to the extent known to the issuer, the approximate
				number of beneficial owners of any class of securities, any of whom have been
				or are to be solicited on behalf of the management, or any group of whom the
				security holder shall designate:
2.
				An estimate of the cost of mailing a specified proxy statement, form of proxy
				or other communication to such owner.
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 12 - (81-SIS-3) Proxies, Consents and Authorizations of Domestic Stock Insurers › Rule 19-1-12.10 - Proposals of Security Holders

Current through June 25, 2024
A. If any holder or
				holders of the securities of an issuer (hereafter referred to as the
				"proponent") notifies the issuer in writing not less than 90 days before the
				issuer's annual meeting of his intention to present a lawful proposal for
				action at a forthcoming meeting of the issuer's security holders and at the
				time of such notice the proponent is entitled to vote at least one percent of
				the votes entitled to be voted on such proposal, the issuer shall set forth the
				proposal in its proxy statement and identify it in its form of proxy and
				provide for the specification of approval or disapproval of such proposal. The
				proxy statement shall also include the name and address of the
				proponent.
B. If the issuer opposed
				any proposal received from a proponent, it shall also, at the request of the
				proponent, include in its proxy statement a statement of the proponent of not
				more than 500 words in support of the proposal.
C. The issuer may omit proposal and any
				statement in support thereof from its proxy statement and form of proxy under
				any of the following circumstances:
1. The
				proponent has submitted more than one proposal in connection with a particular
				meeting.
2. The proposal is more
				than 500 words in length.
3. The
				proposal of the supporting statement is contrary to any Section of this
				Regulation or the schedules hereto, including Section 11, which prohibits false
				or misleading statements in proxy soliciting materials.
4. The proposal relates to the enforcement of
				a personal claim or the redness of a personal grievance against the issuer, its
				management, or any other person.
5.
				The proposal deals with a matter not significantly related to the issuer's
				business; a matter beyond the issuer's power to effectuate; a matter relating
				to the conduct of the ordinary business operations of the issuer; or an
				election to office.
6. The proposal
				is counter to a proposal to be submitted by the issuer at the meeting; the
				proposal relates to specific amounts of cash or stock dividends.
7. The proposal is subsequently duplicative
				of a proposal previously submitted to the issuer by another proponent, which
				proposal will be included in the management's proxy material for the
				meeting.
8. Substantially the same
				proposal has previously been submitted to security holders in the issuer's
				proxy statement and form of proxy relating to any annual or special meeting of
				security holders held within the preceding five calendar years, and received
				less than five percent of the total number of votes cast in respect thereof at
				the time of its most recent submission.
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 12 - (81-SIS-3) Proxies, Consents and Authorizations of Domestic Stock Insurers › Rule 19-1-12.11 - False or Misleading Statements

Current through June 25, 2024
No proxy statement, form of proxy, notice of meeting,
				  information statement, or other communication, written or oral, subject to this
				  Regulation shall contain any statement which, at the time and in the light of
				  the circumstances under which it is made, is false or misleading with respect
				  to any material fact, or which omits to state any material fact necessary in
				  order to make the statements therein not false or misleading or necessary to
				  correct any statement in any earlier communication with respect to the same
				  meeting or subject matter which has become false or
				  misleading.
Miss. Code Ann. §
										83-19-97;
				  85-5-35 (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 12 - (81-SIS-3) Proxies, Consents and Authorizations of Domestic Stock Insurers › Rule 19-1-12.12 - Prohibition of Certain Solicitations

Current through June 25, 2024
No person making a solicitation which is subject to this
				  Regulation shall solicit any undated or postdated proxy or any proxy which
				  provides that it shall be deemed to be dated as of any date subsequent to the
				  date on which it is signed by the security holder.
Miss. Code Ann. §
										83-19-91;
				  §
										83-19-97
				  (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 12 - (81-SIS-3) Proxies, Consents and Authorizations of Domestic Stock Insurers › Rule 19-1-12.13 - Special Provisions Applicable To Election Contests

Current through June 25, 2024
A.
Solicitations to Which This
				Section Applies.
This Section applies to any solicitation subject
				to this Regulation by any person or group for the purpose of opposing a
				solicitation subject to this Regulation by any other person or group with
				respect to the election or removal of directors at any annual or special
				meeting of security holders.
B.
Participant or Participant in a Solicitation.
1. For the purpose of this Section the terms
				"participant" and "participant in a solicitation" include: the issuer; any
				director of the issuer, and any nominee for whose election as a director
				proxies are solicited; any other person, acting alone or with one or more other
				persons, committees or groups, in organizing, directing or financing the
				solicitation.
2. For the purpose of
				this Section the terms "participant" and "participant in a solicitation" do not
				include:
a. a bank, broker or dealer who, in
				the ordinary course of business, lends money or executes orders for the
				purchase or sale of securities and who is not otherwise a
				participant;
b. any person or
				organization retained or employed by a participant to solicit security holders
				or any person who merely transmits proxy solicitating material or performs
				ministerial of clerical duties;
c.
				any person employed in the capacity of attorney, accountant, or advertising,
				public relations or financial adviser, and whose activities are limited to the
				performance of his duties in the course of such employment;
d. any person regularly employed as an
				officer or employee of the issuer or any of its subsidiaries or affiliates who
				is not otherwise a participant; or any officer or director of: or,
e. any person regularly employed by any other
				participant, if such officer, director or employee is not otherwise a
				participant.
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 12 - (81-SIS-3) Proxies, Consents and Authorizations of Domestic Stock Insurers › Rule 19-1-12.14 - Solicitations and Materials Complying With NAIC Model Regulation and Schedules

Current through June 25, 2024
Notwithstanding the foregoing Sections, the Commissioner may
				  permit the solicitation of proxies, consents, or authorizations, provided that
				  the manner of solicitation and the form of the proxy, proxy statement and other
				  documents used in such solicitation comply with the National Association of
				  Insurance Commissioner's Model Regulation and the Schedules
				  thereto.
Miss. Code Ann. §
										83-19-97
				  (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 12 - (81-SIS-3) Proxies, Consents and Authorizations of Domestic Stock Insurers › Rule 19-1-12.15 - Severability

Current through June 25, 2024
If any provision of any Section of the Regulation or the
				  application thereof to any insurer or circumstances is held invalid, such
				  invalidity shall not affect any other provision of that section or application
				  of the Regulation which can be given effect without the invalid provision or
				  application and to this end the provisions of this Regulation are declared to
				  be severable.
Miss. Code Ann. §
										83-19-97
				  (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 12 - (81-SIS-3) Proxies, Consents and Authorizations of Domestic Stock Insurers › Rule 19-1-12.16 - Effective Date

Current through June 25, 2024
This Regulation shall be in full force and in effect on and
				  after ______________ , 1981.
Promulgated and adopted, This the ____ day of _______________
				  , 1981.
Miss. Code Ann. §
										25-43-3.113
				  (Rev. 2010)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 12 - (81-SIS-3) Proxies, Consents and Authorizations of Domestic Stock Insurers › Rule 19-1-12.17 - Schedule A: Miscellaneous

Current through June 25, 2024
A. Revocability of
				Proxy
State whether or not the person giving the proxy has the
				  power to revoke it. If the right of revocation before the proxy is exercised is
				  limited or is subject to compliance with any formal procedure, briefly describe
				  such limitation or procedure.
B. Dissenters' Rights of Appraisal
Outline briefly any rights of appraisal or similar rights of
				  dissenters with respect to any matter to be acted upon and indicate any
				  statutory procedure required to be followed by dissenting security holders in
				  order to perfect such rights. Where such rights may be exercised only within a
				  limited time after the date of adoption of a proposal, the filing of a charter
				  amendment or other similar act, state whether the person solicited will be
				  notified of such date.
C.
				Persons Making the Solicitation
1.
				Solicitations Not Subject to Section 13
a. If
				the solicitation is made by the issuer, so state. Give the name of any director
				of the issuer who has informed the issuer in writing that he intends to oppose
				any action intended to be taken by the issuer and indicate the action which he
				intends to oppose.
b. If the
				solicitation is made otherwise than by the issuer, so state and give the names
				of the persons by whom and on whose behalf it is made.
c. If the solicitation is to be made
				otherwise than by the use of the mails, describe the methods to be employed. If
				the solicitation is to be made by specially engaged employees or paid
				solicitors, state
i. the material features of
				any contract or agreement for such solicitation and identify the parties,
				and
ii. the cost or anticipated
				cost thereof.
d. State
				the names of the persons by whom the cost of solicitation has been or will be
				borne, directly or indirectly.
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 12 - (81-SIS-3) Proxies, Consents and Authorizations of Domestic Stock Insurers › Rule 19-1-12.18 - Schedule B: Information to Be Included In Statements Filed By Or On Behalf Of a Participant (Other Than the Issuer) In a Proxy Solicitation in an Election Contest

Current through June 25, 2024
A. Issuer
State the name and address of the Issuer.
B. Identity and Background
1. State the following:
a. Your name and business address.
b. Your 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.
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 12 - (81-SIS-3) Proxies, Consents and Authorizations of Domestic Stock Insurers › Rule 19-1-12.19 - Schedule C: Information Required In Information Statement

Current through June 25, 2024
Note. Where any item other than Item 5, calls for information
				  with respect to any matter to be acted upon at the meeting, such item need be
				  answered only with respect to proposals to be made by the issuer.
A. Information Required by Items of Schedule
				14A
Furnish the information called for by all of the items of
				  Schedule A of the Regulation Regarding Proxies, Consents and Authorization
				  (other than Items 1, 3, and 4 thereof) which would be applicable to any matter
				  to be acted upon at the meeting if proxies were to be solicited in connection
				  with the meeting.
B.
				Statement That Proxies Are Not Solicited
The following statement shall be set forth on the first page
				  of the information statement in bold face type:
WE ARE NOT ASKING YOU FOR A PROXY AND YOU ARE REQUESTED
				  NOT TO SEND US A PROXY.
C. Date, Time and Place of Meeting
State the date, time and place of the meeting of security
				  holders, unless such information is otherwise disclosed in material furnished
				  to security holders with the information statement.
D. Interest of Certain Persons in or
				Opposition to Matters to be Acted Upon.
1.
				Describe briefly any substantial interest, direct or indirect, by security
				holdings or otherwise, of each of the following persons in any matter to be
				acted upon, other than elections to office:
a.
				Each person who has been a director or officer of the issuer at any time since
				the beginning of the last fiscal year.
b. Each nominee for election as a director of
				the issuer.
c. Each associate of
				the foregoing persons.
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 13 - (83-1) Public Records Act as Same Is Interpreted By the Mississippi Insurance Department › Rule 19-1-13.01 - Purpose and Application

Current through June 25, 2024
This regulation contains the rules and procedures to be
				  followed by the Mississippi Insurance Department in implementing the Public
				  Records Act of 1983,
Miss. Code Ann
. 25-61-1, et
				  seq.
Employees of the Mississippi Insurance Department may,
				  however, continue to furnish to the public, informally and without compliance
				  with these procedures, information and records which they customarily furnish
				  in the regular performance of their duties prior to the enactment of the Public
				  Records Act of 1983, Miss. Code Ann. 25-61-1 et seq., (hereinafter
				  "Act").
Miss. Code Ann. §
										25-61-1,
				  et seq. (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 13 - (83-1) Public Records Act as Same Is Interpreted By the Mississippi Insurance Department › Rule 19-1-13.02 - Statement of Policy

Current through June 25, 2024
The policy of the Mississippi Insurance Department is one of
				  full and responsible disclosure of its identifiable records consistent with the
				  provisions of the Public Records Act of 1983, Miss. Code Ann. 25-61-1 et seq.
				  All records not exempt from disclosure will be made available. Moreover,
				  records exempt from mandatory disclosure will be made available as a matter of
				  discretion when disclosure is not prohibited by law or is not against the
				  public interest.
Miss. Code Ann. §
										25-61-1,
				  et seq. (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 13 - (83-1) Public Records Act as Same Is Interpreted By the Mississippi Insurance Department › Rule 19-1-13.03 - Public Records

Current through June 25, 2024
A. Personnel
1. A Freedom of Information Officer will be
				responsible for the processing of all official requests for information/records
				pertaining to the Mississippi Insurance Department and its separate divisions
				including the offices of the Fire Marshal and the Liquefied Compressed Gas
				Sector.
2. A Freedom of Information
				Liaison Officer, located in the office of the Mississippi Insurance Department
				or its divisions, will be designated from each division of said Department. The
				duty of this position will be to assist the Freedom of Information Officer in
				the enforcement of the Mississippi Public Records Act of 1983.
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 13 - (83-1) Public Records Act as Same Is Interpreted By the Mississippi Insurance Department › Rule 19-1-13.04 - Request for Records

Current through June 25, 2024
A. A request for a
				record of the Mississippi Insurance Department may be made orally or in writing
				and shall be directed to said agency either by mail at the usual mailing
				address, P.O. Box 79, Jackson, MS 39205 or in person at the offices of the
				Mississippi Insurance Department 10th Floor, Wool folk State Office Building,
				Jackson, MS 39201. Although oral requests may be honored, a requestor may be
				asked to submit in writing a request for records not customarily made
				available. Any written request for records covered by these regulations shall
				be deemed to be a request for records pursuant to the Act whether or not the
				Act is mentioned in the request. When a request is made in writing, both the
				envelope and the letter should clearly indicate that the subject is a Freedom
				of Information Request.
B. A
				request should reasonably describe the desired record. Where possible, specific
				information regarding the dates, files, titles, file designation, etc., should
				be supplied.
C. Where the
				information supplied by the requestor is not sufficient to permit the
				identification and location of the record by the Mississippi Insurance
				Department without an unreasonable amount of effort, the requestor will be
				contacted and asked to supply the necessary information. Every reasonable
				effort shall be made by the agency to assist in the identification and location
				of requested records.
Miss. Code Ann. §
										25-61-1,
				  et seq. (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 13 - (83-1) Public Records Act as Same Is Interpreted By the Mississippi Insurance Department › Rule 19-1-13.05 - Time Limitations

Current through June 25, 2024
A. Pursuant to the
				time frames established by
Miss. Code Ann
. §
									25-43-1.106,
				the Mississippi Insurance Department shall determine whether to comply with or
				to deny the request and shall dispatch such determination to the
				requestor.
B. If no determination
				has been dispatched at the end of the statutory time period, the requestor may
				deem his request denied, and exercise a right of appeal in accordance with
				Section 13.09 of this regulation. When no determination can be dispatched
				within the applicable time limit, the Mississippi Insurance Department shall
				nevertheless continue to process the request; on expiration of the time limit
				the agency shall inform the requestor of the reason for the delay, of the date
				on which a determination may be expected, and of his right to treat the delay
				as a denial and of the appeal rights provided by the Act. The agency may ask
				the requestor to forego until a determination is made.
Miss. Code Ann. §
										25-61-1,
				  et seq. (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 13 - (83-1) Public Records Act as Same Is Interpreted By the Mississippi Insurance Department › Rule 19-1-13.07 - Responses to Request

Current through June 25, 2024
A. When a requested
				record has been identified and is available, the Mississippi Insurance
				Department shall notify the requestor as to where and when the record is
				available for inspection or copies will be available if applicable. The
				notification shall also advise a requestor of any applicable fees. Generally,
				oral requests for information not exempt from the provisions of the Act shall
				be acted upon and the information made available for inspection and/or copying
				during regular office hours to any person upon such request; provided, however,
				a requestor may be asked to submit in writing a request for records not
				customarily made available or where time or personnel restraints make it
				impossible to comply with such oral requests during the working day such
				request is made.
B. A response
				denying a written request for record shall be in writing and shall include:
1.The identity of each person responsible for
				the denial;
2. A reference to the
				specific exemption or exemptions authorizing the withholding of the record with
				a brief explanation of how each exemption applies to the record withheld. Where
				more than one record has been requested and is being withheld, the foregoing
				shall be provided for each record withheld; and
3. A statement of the appeal rights provided
				by the Act.
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 13 - (83-1) Public Records Act as Same Is Interpreted By the Mississippi Insurance Department › Rule 19-1-13.08 - Fees

Current through June 25, 2024
A. Charges for services rendered in response
				to information requests shall be as follows:
1. Searching for records, per quarter hour,
				or any part thereof, by clerical personnel........ $1.50
2. Non-routine searching, per quarter hour,
				or any part thereof, by supervisory personnel.......... $4.00
3. Copies made by electrostatic, scanner, or
				Xerox copy machines.......$0.50 per copy (
Miss. Code
				Ann
. §
										83-5-77).
				Pages printed on front and back side shall be considered as two pages for copy
				charge purposes.
4. Copies made by
				an outside service......... Actual Charge
5. Mailing and Postage
				Costs...................... Actual cost
6. When a response to a request requires
				services of material for which no fee has been established, the actual cost of
				such services or material to the Mississippi Insurance Department may be
				charged, but only if the requestor has been notified of and pays such costs
				before they are incurred.
7. Where
				an extensive number of documents are identified and collected response to a
				request and the requestor has not indicated in advance his willingness to pay
				fees as are anticipated for copies of the document, the agency shall inform the
				requestor that the documents are available for inspection and for subsequent
				copying at the established rate.
8.
				A charge of $20.00 shall be made for each seal certifying true copies of agency
				records in accordance with
Miss. Code Ann
. §
										83-5-77.
9. Search costs may be imposed even if the
				requested records cannot be located. No fees shall be charged for examination
				and review by the Mississippi Insurance Department to determine whether a
				record is subject to disclosure.
10. Fees must be paid in full prior to
				issuance of requested copied.
11.
				Remittances shall be in form either of a personal check or bank draft drawn on
				a bank in the United States, a postal money order, or cash. Remittance shall be
				made payable to the order of the Mississippi Insurance Department of
				Commissioner of Insurance and mailed or otherwise delivered to the head of the
				Mississippi Insurance Department. The agency will not assume responsibility for
				cash which is lost in the mail.
12.
				A receipt for fees paid will be given only upon request. No refund will be made
				for services rendered.
13. The
				Mississippi Insurance Department may waive all or part of any fee when it is
				deemed to be either in the agency's interest or in the interest of the
				public.
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 13 - (83-1) Public Records Act as Same Is Interpreted By the Mississippi Insurance Department › Rule 19-1-13.09 - Review of Denials

Current through June 25, 2024
A. When a request
				for records has been denied in whole or in part by the Mississippi Insurance
				Department, the requestor may appeal the denial to the Commissioner of
				Insurance or may seek immediate judicial review of the denial in the Chancery
				Court.
B. An appeal to the
				Commissioner of Insurance shall be in writing, and shall include a statement of
				the circumstances, reasons or arguments advanced in support of disclosure, and
				a copy of any written denial issued.
C. Unless the Commissioner of Insurance
				otherwise directs, the Freedom of Information Officer shall act on behalf of
				the Commissioner of Insurance on all appeals under this section, except that in
				the case of initial denial by the Freedom of Information Officer, the
				Commissioner of Insurance or his designee shall act on the appeal.
D. A written determination with respect to an
				appeal shall be made within ten (10) days of the filing of the appeal. If the
				records or any divisible part thereof are found to have been improperly
				withheld, the Commissioner of Insurance shall order the Mississippi Insurance
				Department to make them available. If the agency continues to withhold the
				record, the requestor may seek enforcement of the order in the Chancery
				Court.
E. A denial in whole or in
				part of a request on appeal shall set forth the exemption relied on, a brief
				explanation consistent with the purpose of the exemption of how the exemption
				applies to the records withheld, and the reasons for asserting it. The denial
				shall also inform the requestor of the right of judicial review.
F. If no determination has been dispatched at
				the end of the statutory time period, the requestor may deem his request
				denied, and exercise his right to judicial review of the denial.
Miss. Code Ann. §
										25-43-1.101,
				  et seq.; §
										83-5-73
				  (Rev. 2011)