reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 2 - INSURANCE COMPANY LICENSING AND OPERATION › Part 12 - HEALTH CARE CONSOLIDATION OVERSIGHT › Section 13.2.12.14 - CONFIDENTIALITY

Current through Register Vol. 35, No. 13, July 16, 2024
A. All
				documents, materials or other information in the possession or control of the
				office that are obtained by or disclosed to the office or the authority in the
				course of a review under the act, are confidential.
B. Pursuant to Subsection B of Section
				59A-2-12 NMSA 1978:
(1) upon receipt of a
				written request for a pre-notice conference or a notice of a proposed
				transaction, the superintendent shall open a confidential case in the office's
				docketing system to file any and all documents, materials, or other information
				pertaining to the notice of proposed transaction received by the
				office;
(2) the superintendent
				shall open a case in a file hosting service for the parties to produce and
				share documents in a secure trusted platform for the duration of the review of
				the proposed transaction, through the post-transaction reporting
				period;
(3) any written
				communication related to a proposed transaction shall be deemed confidential by
				the superintendent; and
(4) a case
				opened as confidential pursuant to the act, will be closed as confidential by
				the superintendent after the reporting period has
				concluded.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 2 - INSURANCE COMPANY LICENSING AND OPERATION › Part 12 - HEALTH CARE CONSOLIDATION OVERSIGHT › Section 13.2.12.15 - POST-TRANSACTION REPORTING AND OVERSIGHT

Current through Register Vol. 35, No. 13, July 16, 2024
A. The person that acquired control over the
				hospital through an approved or conditionally approved transaction shall submit
				annual reports for three years from the date the transaction is approved, to
				the office and to the authority on a form provided by the office and via the
				email provided on the office's website.
B. The report shall:
(1) describe compliance with conditions
				placed on the transaction, if any;
(2) describe any growth, any decline, and
				other changes in services provided by the person; and
(3) provide analyses of cost trends and cost
				growth trends of the hospital.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 3 - INSURANCE SECURITIES › Part 2 - INITIAL STATEMENT OF BENEFICIAL OWNERSHIP OF SECURITIES › Section 13.3.2.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico State Corporation Commission [Public Regulation
				  Commission], Department of Insurance, Post Office Box 1269, Santa Fe, NM
				  87504-1269.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 3 - INSURANCE SECURITIES › Part 2 - INITIAL STATEMENT OF BENEFICIAL OWNERSHIP OF SECURITIES › Section 13.3.2.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to every person who is directly or
				  indirectly the beneficial owner of more than 10 percent of any class of any
				  equity security of a domestic stock insurance company, or who is a director or
				  an officer of such a company.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 3 - INSURANCE SECURITIES › Part 2 - INITIAL STATEMENT OF BENEFICIAL OWNERSHIP OF SECURITIES › Section 13.3.2.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Sections 59A-2-9 and 59A-36-2 NMSA 1978.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 3 - INSURANCE SECURITIES › Part 2 - INITIAL STATEMENT OF BENEFICIAL OWNERSHIP OF SECURITIES › Section 13.3.2.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 1, 1997, unless a later date is cited at the end of a
				  section or paragraph.
Compiler's note: The words or paragraph, above, are no
					 longer applicable. Later dates are now cited only at the end of sections, in
					 the history notes appearing in
					 brackets.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 3 - INSURANCE SECURITIES › Part 2 - INITIAL STATEMENT OF BENEFICIAL OWNERSHIP OF SECURITIES › Section 13.3.2.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of this rule is to specify the requirements for
				  filing an initial statement of beneficial ownership of
				  securities.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 3 - INSURANCE SECURITIES › Part 2 - INITIAL STATEMENT OF BENEFICIAL OWNERSHIP OF SECURITIES › Section 13.3.2.8 - WHEN STATEMENTS ARE TO BE FILED

Current through Register Vol. 35, No. 13, July 16, 2024
A. Persons who hold any of the relationships
				specified in 13 nmac 3.2.2 [now 13.3.2.2 NMAC].are required to file a statement
				on the form prescribed in this rule by March 1, 1966, or within 10 days after
				assuming such relationship, whichever date is later.
B. Statements are not deemed to have been
				filed with the superintendent of insurance until they have actually been
				received by the superintendent.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 3 - INSURANCE SECURITIES › Part 2 - INITIAL STATEMENT OF BENEFICIAL OWNERSHIP OF SECURITIES › Section 13.3.2.9 - WHERE STATEMENTS ARE TO BE FILED

Current through Register Vol. 35, No. 13, July 16, 2024
One signed copy of each statement shall be filed with the
				  superintendent of insurance, Santa Fe, New Mexico.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 3 - INSURANCE SECURITIES › Part 2 - INITIAL STATEMENT OF BENEFICIAL OWNERSHIP OF SECURITIES › Section 13.3.2.10 - SEPARATE STATEMENT FOR EACH COMPANY

Current through Register Vol. 35, No. 13, July 16, 2024
A separate statement shall be filed with respect to the
				  securities of each company.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 3 - INSURANCE SECURITIES › Part 2 - INITIAL STATEMENT OF BENEFICIAL OWNERSHIP OF SECURITIES › Section 13.3.2.11 - RELATIONSHIP OF REPORTING PERSON TO COMPANY

Current through Register Vol. 35, No. 13, July 16, 2024
Indicate clearly the relationship of the reporting person to
				  the company; for example, "director", "director and vice president",
				  "beneficial owner of more than 10 percent of the company's common stock",
				  etc.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 3 - INSURANCE SECURITIES › Part 2 - INITIAL STATEMENT OF BENEFICIAL OWNERSHIP OF SECURITIES › Section 13.3.2.12 - DATE AS OF WHICH BENEFICIAL OWNERSHIPIS TO BE GIVEN

Current through Register Vol. 35, No. 13, July 16, 2024
The information as to beneficial ownership of securities
				  shall be given as of March 1, 1966, or, in the case of persons who subsequently
				  assume any of the relationships specified in 13 nmac 3.2.2 [now
				  13.3.2.2 NMAC],
				  as of the date that relationship was assumed.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 3 - INSURANCE SECURITIES › Part 2 - INITIAL STATEMENT OF BENEFICIAL OWNERSHIP OF SECURITIES › Section 13.3.2.13 - TITLE OF SECURITY

Current through Register Vol. 35, No. 13, July 16, 2024
The statement of the title of a security shall be such as
				  clearly to identify the security even though there may be only one class; for
				  example, "class A common stock", "$6 convertible preferred stock", "5%
				  debentures due 1965", etc.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 3 - INSURANCE SECURITIES › Part 2 - INITIAL STATEMENT OF BENEFICIAL OWNERSHIP OF SECURITIES › Section 13.3.2.14 - NATURE OF OWNERSHIP

Current through Register Vol. 35, No. 13, July 16, 2024
Under "nature of ownership", state whether ownership of the
				  securities is "direct" or "indirect". If the ownership is indirect, i.e.,
				  through a partnership, corporation, trust or other entity, indicate, in a
				  footnote or other appropriate manner, the name or identity of the medium
				  through which the securities are indirectly owned. The fact that securities are
				  held in the name of a broker or other nominee does not, of itself, constitute
				  indirect ownership. Securities owned indirectly shall be reported on separate
				  lines from those owned directly and also from those owned through a different
				  type of indirect ownership.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 3 - INSURANCE SECURITIES › Part 2 - INITIAL STATEMENT OF BENEFICIAL OWNERSHIP OF SECURITIES › Section 13.3.2.15 - STATEMENT OF AMOUNT OWNED

Current through Register Vol. 35, No. 13, July 16, 2024
In stating the amount of securities beneficially owned, give
				  the face amount of debt securities or the number of shares or other units of
				  other securities. In the case of securities owned indirectly, the entire amount
				  of securities owned by the partnership, corporation, trust or other entity
				  shall be stated. The person whose ownership is reported may, if he so desires,
				  also indicate in a footnote, or other appropriate manner, the extent of his
				  interest in the partnership, corporation, trust or other
				  entity.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 3 - INSURANCE SECURITIES › Part 2 - INITIAL STATEMENT OF BENEFICIAL OWNERSHIP OF SECURITIES › Section 13.3.2.16 - INCLUSION OF ADDITIONAL INFORMATION

Current through Register Vol. 35, No. 13, July 16, 2024
A statement may include any additional information or
				  explanation deemed relevant by the person filing the
				  statement.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 3 - INSURANCE SECURITIES › Part 2 - INITIAL STATEMENT OF BENEFICIAL OWNERSHIP OF SECURITIES › Section 13.3.2.17 - SIGNATURE

Current through Register Vol. 35, No. 13, July 16, 2024
If the statement is filed for a corporation, partnership,
				  trust, etc., the name of the organization shall appear over the signature of
				  the officer or other person authorized to sign the statement. If the statement
				  is filed for an individual, it shall be signed by him or specifically on his
				  behalf by a person authorized to sign for him.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 3 - INSURANCE SECURITIES › Part 2 - INITIAL STATEMENT OF BENEFICIAL OWNERSHIP OF SECURITIES › Section 13.3.2.18 - FORM ISBOS (1966 EDITION)

Current through Register Vol. 35, No. 13, July 16, 2024
INITIAL STATEMENT OF BENEFICIAL OWNERSHIP OF
				  SECURITIES
(To be filed with the department of insurance pursuant to
				  Section 59A-36-2 NMSA 1978.)
________________________________________
(Name of insurance company)
________________________________________
(Name of person whose ownership is reported)
________________________________________
(Business address of such person) (street) (city) (state)
				  (zip code)
______________________________________
Relationship of such person to company named above. (See 13
				  NMAC 3.2.11) [now
				  13.3.2.11
				  NMAC]
________________________________________
Date of event which requires the filing of this statement.
				  (See 13 NMAC 3.2.12) [now
				  13.3.2.12
				  NMAC]
SECURITIES BENEFICIALLY OWNED
TITLE OF SECURITY
(See 13 nmac 3.2.13 [now
						  13.3.2.13 NMAC]
NATURE OF OWNERSHIP
(See 13 nmac 3.2.14)
						  [now
						  13.3.2.14
						  NMAC]
AMOUNT OWNED BENEFICIALLY
(See 13 NMAC
						  3.2.15) [now
						  13.3.2.15
						  NMAC]
REMARKS: (see 13 NMAC 3.2.16) [now
				  13.3.2.16
				  NMAC]
Date of statement:
				  ________________________________________
I affirm under penalty or perjury that the foregoing is full,
				  true and correct.
________________________________________
Signature
_______________________________________
(Signature guaranteed)
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 3 - INSURANCE SECURITIES › Part 3 - STATEMENT OF CHANGES IN BENEFICIAL OWNERSHIP OF SECURITIES › Section 13.3.3.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico State Corporation Commission [Public Regulation
				  Commission], Department of Insurance, Post Office Box 1269, Santa Fe, NM
				  87504-1269.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 3 - INSURANCE SECURITIES › Part 3 - STATEMENT OF CHANGES IN BENEFICIAL OWNERSHIP OF SECURITIES › Section 13.3.3.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to every person who at any time during any
				  calendar month was directly or indirectly the beneficial owner of more than 10
				  percent of any class of equity security of a domestic stock insurance company,
				  or a director or officer of the company which is the issuer of such securities,
				  and who during such month had any change in his beneficial ownership of any
				  class of equity security of such company.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 3 - INSURANCE SECURITIES › Part 3 - STATEMENT OF CHANGES IN BENEFICIAL OWNERSHIP OF SECURITIES › Section 13.3.3.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Sections 59A-2-9 and 59A-36-2 NMSA 1978.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 3 - INSURANCE SECURITIES › Part 3 - STATEMENT OF CHANGES IN BENEFICIAL OWNERSHIP OF SECURITIES › Section 13.3.3.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 1, 1997, unless a later date is cited at the end of a
				  section or paragraph.
Compiler's note: The words or paragraph, above, are no
					 longer applicable. Later dates are now cited only at the end of sections, in
					 the history notes appearing in
					 brackets.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 3 - INSURANCE SECURITIES › Part 3 - STATEMENT OF CHANGES IN BENEFICIAL OWNERSHIP OF SECURITIES › Section 13.3.3.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of this rule is to specify the requirements for
				  filing a statement of changes in beneficial ownership of
				  securities.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 3 - INSURANCE SECURITIES › Part 3 - STATEMENT OF CHANGES IN BENEFICIAL OWNERSHIP OF SECURITIES › Section 13.3.3.8 - WHEN STATEMENTS ARE TO BE FILED

Current through Register Vol. 35, No. 13, July 16, 2024
Statements are required to be filed on the form prescribed in
				  this rule on or before the 10th day after the end of each month in which any
				  change in beneficial ownership has occurred. Statements are not deemed to have
				  been filed with the superintendent of insurance until they have actually been
				  received by him.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 3 - INSURANCE SECURITIES › Part 3 - STATEMENT OF CHANGES IN BENEFICIAL OWNERSHIP OF SECURITIES › Section 13.3.3.9 - WHERE STATEMENTS ARE TO BE FILED

Current through Register Vol. 35, No. 13, July 16, 2024
One signed copy of each statement shall be filed with the
				  superintendent of insurance, Santa Fe, New Mexico.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 3 - INSURANCE SECURITIES › Part 3 - STATEMENT OF CHANGES IN BENEFICIAL OWNERSHIP OF SECURITIES › Section 13.3.3.10 - SEPARATE STATEMENT FOR EACH COMPANY

Current through Register Vol. 35, No. 13, July 16, 2024
A separate statement shall be filed with respect to the
				  securities of each company.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 3 - INSURANCE SECURITIES › Part 3 - STATEMENT OF CHANGES IN BENEFICIAL OWNERSHIP OF SECURITIES › Section 13.3.3.11 - RELATIONSHIP OF THE REPORTING PERSON TO COMPANY

Current through Register Vol. 35, No. 13, July 16, 2024
Indicate clearly the relationship of the reporting person to
				  the company; for example, "director", "director and vice president",
				  "beneficial owner of more than 10 percent of the company's common stock",
				  etc.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 3 - INSURANCE SECURITIES › Part 3 - STATEMENT OF CHANGES IN BENEFICIAL OWNERSHIP OF SECURITIES › Section 13.3.3.12 - TRANSACTIONS AND HOLDINGS TO BE REPORTED

Current through Register Vol. 35, No. 13, July 16, 2024
Every transaction shall be reported even though purchases and
				  sales during the month are equal or the change involves only the nature of
				  ownership; for example, from direct to indirect ownership. Beneficial ownership
				  at the end of the month of all classes of securities required to be reported
				  shall be shown even though there has been no change during the month in the
				  ownership of securities of one or more classes.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 3 - INSURANCE SECURITIES › Part 3 - STATEMENT OF CHANGES IN BENEFICIAL OWNERSHIP OF SECURITIES › Section 13.3.3.13 - TITLE OF SECURITY

Current through Register Vol. 35, No. 13, July 16, 2024
The statement of the title of the security shall be such as
				  clearly to identify the security even though there may be only one class; for
				  example, "class A common stock", "$6 convertible preferred stock", "5%
				  debentures due 1965", etc.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 3 - INSURANCE SECURITIES › Part 3 - STATEMENT OF CHANGES IN BENEFICIAL OWNERSHIP OF SECURITIES › Section 13.3.3.14 - DATE OF TRANSACTION

Current through Register Vol. 35, No. 13, July 16, 2024
The exact date (month, day and year) of each transaction
				  shall be stated opposite the amount involved in the
				  transaction.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 3 - INSURANCE SECURITIES › Part 3 - STATEMENT OF CHANGES IN BENEFICIAL OWNERSHIP OF SECURITIES › Section 13.3.3.15 - STATEMENT OF AMOUNTS OF SECURITIES

Current through Register Vol. 35, No. 13, July 16, 2024
In stating the amount of the securities acquired, disposed
				  of, or beneficially owned, give the face amount of debt securities or the
				  number of shares or other units of other securities. In the case of securities
				  owned indirectly, i.e., through a partnership, corporation, trust or other
				  entity, the entire amount of securities involved in the transaction or owned by
				  the partnership, corporation, trust, or other entity shall be stated. The
				  person whose ownership is reported may, if he so desires, also indicate in a
				  footnote, or other appropriate manner, the extent of his interest in the
				  transaction or holdings of the partnership, corporation, trust or other
				  entity.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 3 - INSURANCE SECURITIES › Part 3 - STATEMENT OF CHANGES IN BENEFICIAL OWNERSHIP OF SECURITIES › Section 13.3.3.16 - NATURE OF OWNERSHIP

Current through Register Vol. 35, No. 13, July 16, 2024
Under "nature of ownership", state whether ownership of the
				  securities is "direct" or "indirect". If the ownership is indirect, i.e.,
				  through a partnership, corporation, trust or other entity, indicate in a
				  footnote, or other appropriate manner, the name or identity of the medium
				  through which the securities are indirectly owned. The fact that securities are
				  held in the name of a broker or other nominee does not, of itself, constitute
				  indirect ownership. Securities owned indirectly shall be reported on separate
				  lines from those owned directly and from those owned through a different type
				  of indirect ownership.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 3 - INSURANCE SECURITIES › Part 3 - STATEMENT OF CHANGES IN BENEFICIAL OWNERSHIP OF SECURITIES › Section 13.3.3.17 - CHARACTER OF TRANSACTION

Current through Register Vol. 35, No. 13, July 16, 2024
If the transaction was with the issuer of the securities, so
				  state. If it involved the purchase of securities through the exercise of
				  options, so state and give the exercise price per share. If any other purchase
				  or sale was effected otherwise than in the open market, that fact shall be
				  indicated. If the transaction was not a purchase or sale, indicate its
				  character; for example, gift, five percent stock dividend, etc., as the case
				  may be. The foregoing information may be appropriately set forth in the table
				  or under "remarks" at the end of the table.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 3 - INSURANCE SECURITIES › Part 3 - STATEMENT OF CHANGES IN BENEFICIAL OWNERSHIP OF SECURITIES › Section 13.3.3.18 - INCLUSION OF ADDITIONAL INFORMATION

Current through Register Vol. 35, No. 13, July 16, 2024
A statement may include any additional information or
				  explanation deemed relevant by the person filing the
				  statement.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 3 - INSURANCE SECURITIES › Part 3 - STATEMENT OF CHANGES IN BENEFICIAL OWNERSHIP OF SECURITIES › Section 13.3.3.19 - SIGNATURE

Current through Register Vol. 35, No. 13, July 16, 2024
if the statement is filed for a corporation, partnership,
				  trust, etc., the name of the organization shall appear over the signature of
				  the officer or other person authorized to sign the statement. If the statement
				  is filed for an individual, it shall be signed by him or specifically on his
				  behalf by a person authorized to sign for him.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 3 - INSURANCE SECURITIES › Part 3 - STATEMENT OF CHANGES IN BENEFICIAL OWNERSHIP OF SECURITIES › Section 13.3.3.20 - FORM SCBOS (1966 EDITION)

Current through Register Vol. 35, No. 13, July 16, 2024
STATEMENT OF CHANGES IN BENEFICIAL OWNERSHIP OF
				  SECURITIES
(To be filed with the Department of Insurance pursuant to
				  Section 59A-36-2 NMSA 1978.)
____________________________________________
(Name of insurance company)
____________________________________________
(Name of person whose ownership is reported)
____________________________________________
(Business address of such person) (street) (city) (state)
				  (zip code)
____________________________________________
Social security number
____________________________________________
Relationship of such person to company named above. (See 13
				  NMAC 3.3.11) [now
				  13.3.3.11
				  NMAC]
STATEMENT FOR CALENDAR MONTH OF ________ ,
				  19____
CHANGES DURING MONTH AND MONTH-END
				  OWNERSHIP
(See 13 nmac 3.3.12) [now
				  13.3.3.12
				  NMAC]
Title Of
Security
(See 13 NMAC
						  3.3.13) [now
						  13.3.3.13 NMAC]
Date of
Trans-
Action
(See 13 NMAC 3.3.14) [now
						  13.3.3.14
						  NMAC]
Amount
Bought
or otherwise
						  (See 13 NMAC 3.3.15) [now
						  13.3.3.15
						  NMAC]
Amount
Sold
or otherwise (See
						  13 NMAC 3.3.15) [now
						  13.3.3.15
						  NMAC]
Nature Of
Ownership
(See 13
						  NMAC 3.3.16) [now
						  13.3.3.16
						  NMAC]
Amount
Owned
beneficially at
						  end of month (See 13 NMAC 3.3.15) [now
						  13.3.3.15
						  NMAC]
REMARKS: (See 13 NMAC 3.3.17) [now
				  13.3.3.17
				  NMAC]
____________________________________________
Date of statement
I affirm under penalty or perjury that the foregoing is full,
				  true and correct.
____________________________________________
Signature
____________________________________________
Signature guaranteed
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 3 - INSURANCE SECURITIES › Part 4 - PROXIES, CONSENTS AND AUTHORIZATIONS OF DOMESTIC COMPANIES › Section 13.3.4.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico State Corporation Commission [Public Regulation
				  Commission], Department of Insurance, Post Office Box 1269, Santa Fe, NM
				  87504-1269.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 3 - INSURANCE SECURITIES › Part 4 - PROXIES, CONSENTS AND AUTHORIZATIONS OF DOMESTIC COMPANIES › Section 13.3.4.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule is applicable to each domestic stock insurer which
				  has any class of equity security held of record by 300 or more persons, or any
				  director, officer or employee of such insurer, or any other person; provided,
				  however, that this rule shall not apply to any insurer if ninety-five percent
				  (95%) 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 rule with respect to
				  such class of securities. This rule does not apply to the extent its provisions
				  are preempted by the Capital Markets Efficiency Act of 1996,
				  P.L.
				  104-290,
				  Section
				  101 et seq.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 3 - INSURANCE SECURITIES › Part 4 - PROXIES, CONSENTS AND AUTHORIZATIONS OF DOMESTIC COMPANIES › Section 13.3.4.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 1, 1997, unless a later date is cited at the end of a
				  section or paragraph.
Compiler's note: The words or paragraph, above, are no
					 longer applicable. Later dates are now cited only at the end of sections, in
					 the history notes appearing in
					 brackets.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 3 - INSURANCE SECURITIES › Part 4 - PROXIES, CONSENTS AND AUTHORIZATIONS OF DOMESTIC COMPANIES › Section 13.3.4.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of this rule is to implement Chapter 59A, Article
				  34 NMSA 1978 by establishing the requirements for solicitation of proxies,
				  consents or authorizations for equity securities by domestic stock insurers
				  covered by this rule.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 3 - INSURANCE SECURITIES › Part 4 - PROXIES, CONSENTS AND AUTHORIZATIONS OF DOMESTIC COMPANIES › Section 13.3.4.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
The following definitions apply unless the context otherwise
				  requires:
A.
Affiliate
,
				or a person affiliated with a specified person, means a person that directly,
				or indirectly through one or more intermediaries, controls, or is controlled
				by, or is under common control with, the person specified.
B.
Associate
, used to indicate a
				relationship with any person, means:
(1) any
				corporation or organization (other than the issuer or a majority owned
				subsidiary of the issuer) of which such person is an officer or partner or is,
				directly or indirectly, the beneficial owner of ten percent (10%) or more of
				any class of equity securities;
(2)
				any trust or other estate in which such person has a substantial beneficial
				interest or as to which such person serves as trustee or in a similar fiduciary
				capacity; and
(3) any relative or
				spouse of such person, or any relative of such spouse, who has the same home as
				such person or who is a director or officer of the issuer or any of its parents
				or subsidiaries.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 3 - INSURANCE SECURITIES › Part 4 - PROXIES, CONSENTS AND AUTHORIZATIONS OF DOMESTIC COMPANIES › Section 13.3.4.8 - PROHIBITIONS AND SCHEDULE REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. No domestic stock insurer or any director,
				officer or employee of such insurer, or any other person covered by this rule
				shall solicit, or permit the use of his name to solicit, by mail or otherwise,
				any proxy, consent or authorization in respect to any such class of equity
				securities in contravention of this rule and schedules A and B of this
				rule.
B. Unless proxies, consents
				or authorizations in respect of any class of equity securities of a domestic
				insurer subject to 13 NMAC 3.4.8.1 [now Subsection A of 13.3.4.8 NMAC] are
				solicited by or on behalf of the management of such insurer from the holders of
				record of such securities in accordance with this rule and the schedules hereto
				prior to any annual or other meeting of such security holders, such insurer
				shall file with the superintendent 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 of this rule.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 3 - INSURANCE SECURITIES › Part 4 - PROXIES, CONSENTS AND AUTHORIZATIONS OF DOMESTIC COMPANIES › Section 13.3.4.9 - SPECIFIC APPLICATION OF RULE

Current through Register Vol. 35, No. 13, July 16, 2024
13 nmac 3.4.16 [now
				  13.3.4.16
				  NMAC] rule shall apply to every solicitation that is subject to 13 nmac 3.4.8
				  [now
				  13.3.4.8
				  NMAC]. 13 nmac 3.4.7 through 13 nmac 3.4.15 and 13 nmac 3.4.17 [now
				  13.3.4.7
				  through
				  13.3.4.15
				  and
				  13.3.4.17
				  NMAC] shall apply to every solicitation that is subject to 13 nmac 3.4.8 [now
				  13.3.4.8
				  NMAC] except the following:
A. Any
				solicitation made otherwise than on behalf of the issuer where the total number
				of persons solicited is not more than ten (10).
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.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 3 - INSURANCE SECURITIES › Part 4 - PROXIES, CONSENTS AND AUTHORIZATIONS OF DOMESTIC COMPANIES › Section 13.3.4.11 - REQUIREMENTS AS TO PROXY

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				form of proxy shall:
(1) indicate in bold
				face type whether or not the proxy is solicited on behalf of the issuer board
				of directors, and, if not, by whom it is solicited;
(2) provide a specifically designated blank
				space for dating the proxy; and
(3)
				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.
(4) No reference need be
				made to proposals as to which discretionary authority is conferred pursuant to
				13 NMAC 3.4.11.4 [now Subsection D of 13.3.4.11 NMAC].
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 3 - INSURANCE SECURITIES › Part 4 - PROXIES, CONSENTS AND AUTHORIZATIONS OF DOMESTIC COMPANIES › Section 13.3.4.12 - PRESENTATION OF INFORMATION IN PROXY STATEMENT

Current through Register Vol. 35, No. 13, July 16, 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 13 NMAC 3.4.15.1 [now Subsection A of 13.3.4.15 NMAC]. If the date of the
				next annual meeting is subsequently advanced by more than thirty (30) calendar
				days or delayed by more than ninety (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 of such change, and the date by which
				proposals of security holders must be received, by any means reasonably
				calculated to so inform them.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 3 - INSURANCE SECURITIES › Part 4 - PROXIES, CONSENTS AND AUTHORIZATIONS OF DOMESTIC COMPANIES › Section 13.3.4.13 - MATERIAL REQUIRED TO BE FILED

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Two (2) 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 superintendent at least ten (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 superintendent may authorize upon a
				showing of good cause therefor.
B.
				Two (2) 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 superintendent at
				least two (2) 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 superintendent may authorize upon
				a showing of good cause therefor.
C. Two (2) 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 superintendent 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 13 NMAC
				3.4.13.1, 13 NMAC 3.4.13.2 and 13 NMAC 3.4.18.5 [now Subsection A and B of
				13.3.4.13 and Subsection E of 13.3.4.18 NMAC], copies of soliciting material in
				the form of speeches, press releases and radio or television scripts may, but
				need not, be filed with the superintendent prior to use or publication.
				Definitive copies, however, shall be filed with or mailed for filing to the
				superintendent as required by 13 NMAC 3.4.13.3 [now Subsection C of 13.3.4.13
				NMAC] not later than the date such material is used or published. The
				provisions of 13 NMAC 3.4.13.1, 13 NMAC 3.4.13.2 and 13 NMAC 3.4.18.5 [now
				Subsection A and B of 13.3.4.13 and Subsection E of 13.3.4.18 NMAC] 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 rule is
				amended or revised, one of the copies of such amended or revised material filed
				pursuant to this rule shall be marked to indicate clearly and precisely the
				changes effected therein.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 3 - INSURANCE SECURITIES › Part 4 - PROXIES, CONSENTS AND AUTHORIZATIONS OF DOMESTIC COMPANIES › Section 13.3.4.14 - MAILING COMMUNICATIONS FOR SECURITY HOLDERS

Current through Register Vol. 35, No. 13, July 16, 2024
If the management of the issuer has made or intends to make
				  any solicitation subject to this rule, 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 (1%) 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
				owners.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 3 - INSURANCE SECURITIES › Part 4 - PROXIES, CONSENTS AND AUTHORIZATIONS OF DOMESTIC COMPANIES › Section 13.3.4.15 - PROPOSALS OF SECURITY HOLDERS

Current through Register Vol. 35, No. 13, July 16, 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 ninety (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 (1%) 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 opposes
				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 200 words in support of the proposal.
C. The issuer may omit a 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 300 words in length.
(3) The
				proposal or the supporting statement is contrary to any section of this rule or
				the schedules hereto, including 13 nmac 3.4.16 [now 13.2.4.16 NMAC] which
				prohibits false or misleading statements in proxy soliciting
				materials.
(4) The proposal relates
				to the enforcement of a personal claim or the redress 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 has been rendered moot,
				or the proposal relates to specific amounts of cash or stock
				dividends.
(7) The proposal is
				substantially 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
				(5) calendar years, and received less than five percent (5%) of the total
				number of votes cast in respect thereof at the time of its most recent
				submission.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 3 - INSURANCE SECURITIES › Part 4 - PROXIES, CONSENTS AND AUTHORIZATIONS OF DOMESTIC COMPANIES › Section 13.3.4.16 - FALSE OR MISLEADING STATEMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
No proxy statement, form of proxy, notice of meeting,
				  information statement, or other communication, written or oral, subject to this
				  rule 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.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 3 - INSURANCE SECURITIES › Part 4 - PROXIES, CONSENTS AND AUTHORIZATIONS OF DOMESTIC COMPANIES › Section 13.3.4.17 - PROHIBITION OF CERTAIN SOLICITATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
No person making a solicitation which is subject to this rule
				  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.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 3 - INSURANCE SECURITIES › Part 4 - PROXIES, CONSENTS AND AUTHORIZATIONS OF DOMESTIC COMPANIES › Section 13.3.4.18 - SPECIAL PROVISIONS APPLICABLE TO ELECTION CONTESTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Solicitations to which this section
				applies:
This section applies to any solicitation subject to this rule
				by any person or group for the purpose of opposing a solicitation subject to
				this rule 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 purposes of this
				section the terms "participant" and "participant in a solicitation" include:
(a) the issuer;
(b) any director of the issuer, and any
				nominee for whose election as a director proxies are solicited;
(c) any other person, acting alone or with
				one or more other persons, committees or groups, in organizing, directing or
				financing the solicitation.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 3 - INSURANCE SECURITIES › Part 4 - PROXIES, CONSENTS AND AUTHORIZATIONS OF DOMESTIC COMPANIES › Section 13.3.4.19 - SCHEDULE A - INFORMATION REQUIRED

Current through Register Vol. 35, No. 13, July 16, 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 13 nmac
				3.4.18 [now 13.3.4.18 NMAC]:
(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.
New Mexico Administrative Code › Title 13 - INSURANCE › Chapter 3 - INSURANCE SECURITIES › Part 4 - PROXIES, CONSENTS AND AUTHORIZATIONS OF DOMESTIC COMPANIES › Section 13.3.4.20 - 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 Register Vol. 35, No. 13, July 16, 2024
A.
Issuer:
State the name and address of the issuer.
B.
Identity and background:
State the following:
(1) Your name and
				business address.
(2) 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.
(3) Your residence
				address.
(4) Information as to all
				material occupations, positions, offices or employments during the last ten
				(10) 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 such occupation, position, office or employment was carried
				on.
(5) State whether or not you
				are or have been a participant in any other proxy contest involving this
				company or other companies within the past ten (10) years. If so, identify the
				principals, the subject matter and your relationship to the parties and the
				outcome.
(6) State whether or not,
				during the past ten (10) years, you have been convicted in a criminal
				proceeding (excluding traffic violations or similar misdemeanors) and, if so,
				give dates, nature of conviction, name and location of court, and penalty
				imposed or other disposition of the case. A negative answer to this requirement
				need not be included in the proxy statement or other proxy soliciting
				material.