reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 3901 - Department of Insurance › Chapter 3901-1 - General Provisions › Section 3901-1-24 - Public insurance adjusters

Current through all regulations passed and filed through July 1, 2024
(A) Purpose
The purpose of this rule is to safeguard the interest of the
				public by regulating the conduct of public insurance adjusters.
(B) Authority
This rule is promulgated pursuant to the authority vested in
				the superintendent under Chapter 3951. and section
				3901.041
				of the Revised Code.
(C)
			 Prohibited activities
No public insurance adjuster or public insurance
				adjuster agent shall:
(1) Engage in any manner or degree, for
			 compensation of any kind, in the business of repairing, remodeling, or
			 replacing damaged or destroyed property, real or personal, which damage or
			 destruction is covered by a policy of insurance; nor have any direct or
			 indirect interest in, nor receive compensation of any kind from any person,
			 firm, association, partnership, or corporation which is engaged in such
			 business;
(2) Attempt in any manner
			 to solicit a loss during the progress of a fire or while the fire department or
			 any of its representatives are in any manner engaged at the damaged premises;
			 nor in any way interfere with the performance of the duties of an investigator
			 of the state fire marshal's office, an investigator of any fire department, or
			 a law enforcement official of this state or of any political subdivision
			 thereof;
(3) Give or offer to give
			 to an insured or 
									that person's representative any portion of the
			 adjuster's fee or anticipated settlement of the claim for loss or damage as an
			 inducement to secure a contract for the adjustment of a loss;
(4) Represent 
									that public
			 insurance adjuster to be an adjuster for or a representative of any
			 insurance company, a fire investigator, or a person connected with any fire
			 department or law enforcement agency;
(5) Compensate any person to act on
			 
									that
			 person's behalf in the solicitation, negotiation, or settlement of a
			 claim unless such person is licensed as a public insurance adjuster or a public
			 insurance adjuster agent;
(6) Make
			 an inventory or estimate of loss or damage other than that which is fair and
			 honest; and
(7) Own or acquire any
			 direct or indirect financial interest in any property, real or personal, which
			 is the subject of a loss adjusted by that public insurance
			 adjuster; nor have any direct or indirect financial interest in the sale
			 of any salvage of any property which is the subject of a loss adjusted by
			 that public
			 insurance adjuster.
Ohio Administrative Code › Title 3901 - Department of Insurance › Chapter 3901-1 - General Provisions › Section 3901-1-31 - Group insurance regulations

Current through all regulations passed and filed through July 1, 2024
(A) Purpose
The purpose of this rule is to provide for the
				writing of policies of group insurance, on a limited basis as hereinafter
				outlined, by an insurance company having a certificate of authority pursuant to
				the second paragraph of section
				3941.02 of the Revised Code and
				to ensure that residents of Ohio are not precluded from having group insurance
				where advantageous tax attributes may be applicable.
(B)
								Authority
This rule is promulgated pursuant to
				the authority vested in the superintendent under section
				3901.041 of the Revised
				Code.
(C) Prohibitions
No insurance company shall issue any group policy with respect
				to any kind of insurance subject to either Chapter 3935. or 3937. of the
				Revised Code unless:
(1) It is a kind
			 of insurance which, if issued to an employer, would permit the employer's
			 contributions, if any, to be deductible by the employer and to be excluded from
			 the gross income of the employees, their spouses, and dependents under the
			 applicable provisions of the Internal Revenue Code of
			 1986;
			 and
(2) It is a kind of insurance
			 which the insurance company is authorized to transact pursuant to its
			 certificate of authority.
Ohio Administrative Code › Title 3901 - Department of Insurance › Chapter 3901-1 - General Provisions › Section 3901-1-48 - "Ohio mine subsidence insurance underwriting association" and "mine subsidence insurance fund" plan of operation

Current through all regulations passed and filed through July 1, 2024
(A) Purpose
The purpose of this rule is to implement sections
				3929.50
				to
				3929.53
				and
				3929.55
				to
				3929.56
				and
				3929.58
				to
				3929.61
				of the Revised Code which:
(1)
			 Establishes the "Ohio Mine Subsidence Underwriting Association,"
(2) Provides for the transfer of risk from
			 member insurers to the association, and
(3) Creates the "Mine Subsidence Insurance
			 Fund."
Ohio Administrative Code › Title 3901 - Department of Insurance › Chapter 3901-1 - General Provisions › Section 3901-1-50 - Annual financial reports

Current through all regulations passed and filed through July 1, 2024
(A) Purpose
(1) The purpose of this rule is to facilitate
			 the department's surveillance of the financial condition of insurers by
			 requiring (a) an annual audit of financial statements reporting the financial
			 position and results of operation of insurers by independent certified public
			 accountants, (b) communication of internal control related matters noted in an
			 audit, and (c) management's report of internal control over financial
			 reporting. This rule shall apply to all insurers, except those insurers having
			 direct premiums written of less than one million dollars and having less than
			 one thousand policyholders nationwide at the end of any year. Those insurers
			 will be exempt from this rule for the year they do not meet this threshold
			 unless the superintendent makes a specific finding that compliance by the
			 insurer is necessary for the superintendent to carry out his or her statutory
			 responsibilities. Insurers having assumed premiums to contracts and/or treaties
			 of reinsurance of one million dollars or more will not be exempt. Insurers
			 filing audited financial reports in another state, pursuant to such other
			 state's requirement of audited financial reports, which are found by the
			 superintendent to be substantially similar to the requirements herein, are
			 exempt from this rule if:
(a) A copy of the
			 audited financial report, communication of internal control related matters
			 noted in audit, and the accountant's letter of qualifications, which are filed
			 with such other states are filed with the superintendent in accordance with the
			 filing dates specified in paragraphs (D), (K) and (L) of this rule. (Canadian
			 insurers may submit accountants' reports as filed with the office of the
			 superintendent of financial institutions, Canada); and
(b) A copy of any notification or report of
			 adverse financial condition filed with such other state is filed with the
			 superintendent within the time specified in paragraph (J) of this rule. Foreign
			 or alien insurers required to file management's report of internal control over
			 financial reporting in another state are exempt from filing the report in this
			 state provided the other state has substantially similar reporting requirements
			 and the report is filed with the superintendent of the other state within the
			 time specified.
Ohio Administrative Code › Title 3901 - Department of Insurance › Chapter 3901-1 - General Provisions › Section 3901-1-52 - Life and health insurance guaranty association disclaimer and not covered form

Current through all regulations passed and filed through July 1, 2024
(A)
								Purpose
The purpose of this rule is to
				establish the form and content of the summary document and disclaimer
				describing the general purposes and current limitations of the Ohio life and
				health insurance guaranty association and the notice that the policy or
				contract, or portion thereof, may not be covered by the
				association.
(B)
								Authority
This rule is issued pursuant to the
				authority vested in the superintendent under section
				3956.18 of the Revised
				Code.
(C)
								Applicability
This rule applies to all insurers,
				health insuring corporations, and agents providing, soliciting or negotiating
				coverage for direct, non-group life insurance, health insurance, including
				sickness and accident insurance policies and contracts, and health insuring
				corporation subscriber policies, contracts, certificates and agreements,
				annuities, certificates under direct group policies and contracts, for
				supplemental contracts to any of the preceding and for unallocated annuity
				contracts issued by member insurers.
(D)
								Delivery of
			 summary document
Division (B)(2) of section
				3956.18 of the Revised Code
				provides that no member insurer shall deliver a policy or contract to a policy
				owner, contract owner, certificate holder, or enrollee unless the summary
				document is delivered to the policy or contract holder prior to or at the time
				of delivery of the policy or contract. The document also shall be available
				upon request by a policy owner, contract owner, certificate holder or
				enrollee.
(E)
								Disclaimer
Division (C) of section
				3956.18 of the Revised Code
				provides that the summary document shall contain a clear and conspicuous
				disclaimer on its face.
(F)
								Form
In providing the summary document and
				disclaimer described in divisions (B)(2) and (C) of section
				3956.18 of the Revised Code, the
				insurer must use the exact form set forth in appendix I to this
				rule.
(G)
								Severability
If any portion of this rule or the
				application thereof to any person or circumstance is held invalid, the
				invalidity does not affect other provisions or applications of the rule or
				related rules which can be given effect without the invalid portion or
				application, and to this end the provisions of this rule are
				severable.
Replaces: 3901-1-52
Click to view
				Appendix
Ohio Administrative Code › Title 3901 - Department of Insurance › Chapter 3901-1 - General Provisions › Section 3901-1-57 - Transaction fees

Current through all regulations passed and filed through July 1, 2024
(A) Purpose
The purpose of this rule is to establish fees and charges for
				certain transactions or services  performed by the department of insurance.
(B) Authority
This rule is promulgated pursuant to the authority vested in
				the superintendent under sections
				3901.041,
				3901.043
									, 3901.07, and 3913.37 of the Revised Code.
(C) The following schedule of fees
			 is established for transactions and services performed under the following:
(1) Transactions pursuant to section
			 3901.321 of the Revised Code:
(a) Filing of the statement (form A) relating
			 to the change of control or takeover of a domestic insurance company.
			 Twenty-five hundred dollars.
(b)
			 Filing for an exemption from the requirements of section
			 3901.321 of the Revised Code.
			 One thousand dollars.
Ohio Administrative Code › Title 3901 - Department of Insurance › Chapter 3901-1 - General Provisions › Section 3901-1-58 - Standard credentialing form for physician and non-physician providers

Current through all regulations passed and filed through July 1, 2024
(A) Purpose
The purpose of this rule is to prescribe the standard
				credentialing form to be used when credentialing or recredentialing providers.
				For purposes of this rule, the term "providers" 
									has the
				same meaning as in division (P) of section
				3963.01 of the Revised
				Code.
(B) Authority
This rule is 
									promulgated pursuant to the authority vested in
				the superintendent under sections
				3901.041,
				3901.21, and
				3963.08 of the Revised
				Code.
(C) Form
All credentialing and recredentialing of physicians and
				non-physician individual providers identified in division (P) of section
				3963.01 of the Revised Code
				
									is to
				be performed using the credentialing form available from the council for
				affordable quality healthcare (CAQH) in electronic or paper format. The CAQH
				credentialing form 
									is referred to as the department of insurance
				part A credentialing form. Copies of this form may be obtained electronically
				from CAQH or from the department of insurance. The department of insurance part
				B credentialing form 
									is used to credential hearing aid dealers, home
				health agencies, hospice care providers and all other providers, with the
				exception of hospitals, that are not individuals. Copies of this form may be
				obtained from the department of insurance. The credentialing forms prescribed
				by this rule may be reproduced as needed and may be amended from time to
				time.
(D) Severability
If any portion of this rule or the application thereof to
				any person or circumstance is held invalid, the invalidity does not affect
				other provisions or applications of the rule or related rules which can be
				given effect without the invalid portion or application, and to this end the
				provisions of this rule are severable.
Ohio Administrative Code › Title 3901 - Department of Insurance › Chapter 3901-1 - General Provisions › Section 3901-1-64 - Medical liability data collection

Current through all regulations passed and filed through July 1, 2024
(A) Purpose
The purpose of this rule is to establish procedures and
				requirements for the reporting of specific medical, dental, optometric and
				chiropractic claims data to the Ohio department of insurance.
(B) Authority
This rule is promulgated pursuant to the authority vested in
				the superintendent under sections
				3901.041 and
				3929.302 of the Revised
				Code.
(C) Definitions
(1) "Medical, dental, optometric and
			 chiropractic claims" include those claims asserted against a risk located in
			 this state that either:
(a) Meet the
			 definition of "medical claim," "dental claim," "optometric claim," or
			 "chiropractic claim" in section
			 2305.113 of the Revised Code,
			 or
(b) Have not been asserted in
			 any civil action, but that otherwise meet the definition of "medical claim,"
			 "dental claim," "optometric claim," or "chiropractic claim" in section
			 2305.113 of the Revised
			 Code.
Ohio Administrative Code › Title 3901 - Department of Insurance › Chapter 3901-1 - General Provisions › Section 3901-1-65 - Medical Malpractice Annual Filing Requirements

Current through all regulations passed and filed through July 1, 2024
(A) Purpose
The purpose of this rule is to safeguard the interest of the
				public by allowing reasonable inspection and analysis of insurers' rating plans
				on an annual basis for the regulation and monitoring of medical malpractice
				premium rates.
(B)
			 Authority
This rule is adopted pursuant to the authority vested in the
				superintendent under sections
				3901.041,
				3937.04 and
				3937.12 of the Revised Code.
(C) Annual Rate Filing
			 Requirement
(1) Every insurer issued a
			 certificate of authority to write medical malpractice insurance in this state
			 and that issues such insurance in this state, shall at a minimum, file annually
			 with the superintendent of insurance, appropriate information and exhibits, in
			 support of the insurer's existing rating plan. If at any time the
			 superintendent of insurance finds that a rate no longer complies with section
			 3937.01 to
			 3937.17 of the Revised Code, the
			 superintendent may, in accordance with section
			 3937.04 of the Revised Code,
			 state that the rate shall no longer be effective.
(2) In lieu of the filing required in
			 division (C)(1) a carrier may annually file for a rate adjustment in accordance
			 with section 3937.03 of the Revised Code.
(3) Included with a filing
			 required in divisions (C)(1) or (C)(2), every insurer that issues medical
			 malpractice insurance in this state, shall file the average, minimum, and
			 maximum deviation from manual rates due to individual risk premium
			 modifications, also known as schedule rating credits and debits, or
			 discretionary credits and debits, applied by the insurer during a twelve month
			 period which ends no more than six months before the date of the filing. If at
			 any time the superintendent of insurance finds that the credits and debits
			 exceed the maximum allowed or may result in inadequate rates or be destructive
			 of competition or detrimental to solvency of insurers, the superintendent may
			 in accordance with section
			 3937.04 of the Revised Code
			 state that the rate shall no longer be effective.
(4) The first filing under (C)(1) or (C)(2)
			 is due within twelve months of the effective date of this rule.
Ohio Administrative Code › Title 3901 - Department of Insurance › Chapter 3901-1 - General Provisions › Section 3901-1-66 - Surety bail bond agent conduct

Current through all regulations passed and filed through July 1, 2024
(A) Purpose. The purpose of this rule is to
			 establish criteria for surety bail bond agent conduct.
(B) Authority. This rule is promulgated
			 pursuant to the authority vested in the superintendent under sections
			 3901.041 and
			 3905.95 of the Revised
			 Code.
(C) Definitions. As used in
			 this rule:
(1) "Cash bond" means the full
			 amount of the bail required to be paid in cash to release a defendant from
			 jail.
(2) "Power of attorney" means
			 a legal instrument that is used by a authorized surety company to delegate
			 authority to a licensed general agent or surety bail bond agent for the posting
			 of surety bail bonds with a court of law up to a specified monetary
			 amount.
(3) "Surety bail bond"
			 means a court accepted bond instrument from a licensed insurance company issued
			 for or on behalf of an incarcerated person held under criminal charges in any
			 Ohio mayor, municipal, county, or federal court.
(4) "Immigration bond" means a federally
			 accepted bond instrument from a surety company approved by the United States
			 department of treasury issued for and on behalf of alien detainees held by
			 United States immigration and customs enforcement, within the department of
			 homeland security pending a hearing or court appearance; or to guarantee that
			 an alien will be financially independent during a lawful visit or prolonged
			 stay to the United States.
Ohio Administrative Code › Title 3901 - Department of Insurance › Chapter 3901-1 - General Provisions › Section 3901-1-67 - Alternative derivative and reserve accounting practices

Current through all regulations passed and filed through July 1, 2024
(A)
								Purpose
The purpose of this rule is to allow
				insurance companies to utilize certain alternative derivative and reserve
				accounting practices for eligible derivative instruments and indexed products,
				respectively, in order to better match derivative and reserve accounting as it
				relates to interest crediting for indexed products and to provide for a more
				true and fair representation of the capital position and net gain from
				operations of insurance companies that offer or have in force indexed products.
				Specifically, this rule addresses the mismatches related to the changes in
				value of an eligible derivative instrument as compared to the interest accrual
				in the reserve calculation for the underlying indexed product in two ways. This
				rule provides insurance companies with the ability, once certain criteria are
				met, to:
(1)
									account for eligible derivative instruments using the
			 amortized cost method, and
(2)make an election
			 at a policy level to use a reserve calculation methodology for indexed annuity
			 products under which interest credits based upon one or more external indices
			 are included in the reserve only after those interest credits have been
			 credited to the contract holder under the terms of the annuity contract. In
			 addition, regardless of the use of the ability provided for in the previous
			 sentence, this rule provides insurance companies with the ability to record
			 changes in, and settlement of, eligible derivative instruments through net
			 investment income in the summary of operations.
Ohio Administrative Code › Title 3901 - Department of Insurance › Chapter 3901-2 - Proxies, Consents, and Authorizations of Domestic Stock Insurance › Section 3901-2-01 - Application of Chapter 3901-2 of the Administrative Code

Current through all regulations passed and filed through July 1, 2024
(A)
								Purpose
The purpose of this rule is to set
				forth the application of Chapter 3901-2 of the Administrative
				Code.
(B)
								Authority
This rule is promulgated pursuant to
				the authority vested in the superintendent under sections
				3901.041 and
				3901.31 of the Revised
				Code.
(C) No domestic stock insurance company subject to
			 division (D) of section
			 3901.31 of the Revised Code, 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 with respect to any such class of equity
			 securities in contravention of Chapter 3901-2 of the Administrative Code. 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 regulation 
								14A promulgated thereunder, shall be exempt from
			 the provisions of Chapter 3901-2 of the Administrative Code with respect to
			 such class of securities.
(D) Unless proxies,
			 consents or authorizations in respect of any class of equity securities of a
			 domestic insurer subject to Chapter 3901-2 of the Administrative Code are
			 solicited by or on behalf of the management of such insurer from the holders of
			 record of such securities in accordance with this chapter prior to any annual
			 or other meeting of such security holders, such insurer shall file with the
			 superintendent of insurance 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 rule
			 3901-2-15
			 of the Administrative Code.
(E)
								Severability
If any paragraph, term or provision of
				this rule is adjudged invalid for any reason, the judgment shall not affect,
				impair or invalidate any other paragraph, term or provision of this rule, but
				the remaining paragraphs, terms and provisions shall be and continue in full
				force and effect.
Ohio Administrative Code › Title 3901 - Department of Insurance › Chapter 3901-2 - Proxies, Consents, and Authorizations of Domestic Stock Insurance › Section 3901-2-02 - Definitions

Current through all regulations passed and filed through July 1, 2024
The following definitions apply unless the context otherwise
				requires:
(A) "Affiliate" means, 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" means:
(1) Any corporation or organization (other
			 than the issuer or a majority-owned subsidiary of the issuer) of which any
			 person is an officer or partner or is, directly or indirectly, the beneficial
			 owner of ten per cent or more of any class of equity securities;
(2) Any trust or other estate in which any
			 person has a substantial beneficial interest or as to which any person serves
			 as trustee or in a similar fiduciary capacity; or
(3) Any relative or spouse of any person, or
			 any relative of such spouse, who has the same home as any person or who is a
			 director or officer of the issuer or any of its parents or subsidiaries.
Ohio Administrative Code › Title 3901 - Department of Insurance › Chapter 3901-2 - Proxies, Consents, and Authorizations of Domestic Stock Insurance › Section 3901-2-03 - Solicitations to which Chapter 3901-2 of the Administrative Code applies

Current through all regulations passed and filed through July 1, 2024
Rule
				3901-2-10
				of the Administrative Code shall apply to every solicitation that is subject to
				this chapter. Rules
				3901-2-02 to
				3901-2-09
				and
				3901-2-11
				of the Administrative Code shall apply to every solicitation that is subject to
				this chapter 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.
(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.
Ohio Administrative Code › Title 3901 - Department of Insurance › Chapter 3901-2 - Proxies, Consents, and Authorizations of Domestic Stock Insurance › Section 3901-2-05 - Requirements as to proxy

Current through all regulations passed and filed through July 1, 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's 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. No references need be
			 made to proposals as to which discretionary authority is conferred pursuant to
			 paragraph (C) of this rule.
Ohio Administrative Code › Title 3901 - Department of Insurance › Chapter 3901-2 - Proxies, Consents, and Authorizations of Domestic Stock Insurance › Section 3901-2-06 - Presentation of information in proxy statement

Current through all regulations passed and filed through July 1, 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 paragraph (A) of rule
			 3901-2-09
			 of the Administrative Code. If the date of the next annual meeting is
			 subsequently advanced by more than thirty calendar days or delayed by more than
			 ninety 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.
R.C. 119.032 review dates:
				08/26/2014 and
				08/26/2019
Promulgated
				Under: 119.03
Statutory Authority: 3901.041
Rule
				Amplifies: 3901.31
Prior Effective Dates: 1/1/1966,
				6/12/1987
Ohio Administrative Code › Title 3901 - Department of Insurance › Chapter 3901-2 - Proxies, Consents, and Authorizations of Domestic Stock Insurance › Section 3901-2-08 - Mailing communications for security holders

Current through all regulations passed and filed through July 1, 2024
If the management of the issuer has made or intends to make any
				solicitation subject to this chapter, 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 per cent 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)
								Purpose
The purpose of this rule is to set
				forth mailing communications requirements for security holders.
(B)
								Authority
This rule is promulgated pursuant to
				the authority vested in the superintendent under sections
				3901.041 and
				3901.31 of the Revised
				Code.
(C) 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.
Ohio Administrative Code › Title 3901 - Department of Insurance › Chapter 3901-2 - Proxies, Consents, and Authorizations of Domestic Stock Insurance › Section 3901-2-09 - Proposals of security holders

Current through all regulations passed and filed through July 1, 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 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 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 two hundred 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 three hundred words in length.
(3) The proposal or the supporting statement
			 is contrary to any rule contained in this chapter, including rule
			 3901-2-10
			 of the Administrative Code, 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 gainst 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 calendar years, and
			 received less than five per cent of the total number of votes cast in respect
			 thereof at the time of its most recent submission.
Ohio Administrative Code › Title 3901 - Department of Insurance › Chapter 3901-2 - Proxies, Consents, and Authorizations of Domestic Stock Insurance › Section 3901-2-10 - False or misleading statements

Current through all regulations passed and filed through July 1, 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.
R.C. 119.032 review dates:
				08/26/2014 and
				08/26/2019
Promulgated
				Under: 119.03
Statutory Authority: 3901.041
Rule
				Amplifies: 3901.31
Prior Effective Dates: 1/1/1966,
				6/12/1987
Ohio Administrative Code › Title 3901 - Department of Insurance › Chapter 3901-2 - Proxies, Consents, and Authorizations of Domestic Stock Insurance › Section 3901-2-11 - Prohibition of certain solicitations

Current through all regulations passed and filed through July 1, 2024
No person making a solicitation which is subject to this
				chapter 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.
R.C. 119.032 review dates:
				08/26/2014 and
				08/26/2019
Promulgated
				Under: 119.03
Statutory Authority: 3901.041
Rule
				Amplifies: 3901.31
Prior Effective Dates: 1/1/1966,
				6/12/1987
Ohio Administrative Code › Title 3901 - Department of Insurance › Chapter 3901-2 - Proxies, Consents, and Authorizations of Domestic Stock Insurance › Section 3901-2-12 - Special provisions applicable to election contests

Current through all regulations passed and filed through July 1, 2024
(A) This rule
			 applies to any solicitation subject to Chapter 3901-2 of the Administrative
			 Code by any person or group for the purpose of opposing a solicitation subject
			 to Chapter 3901-2 of the Administrative Code 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 rule, the terms
			 "participant" and "participant in a solicitation" mean:
(a) The issuer;
(b) Any director of the issuer, and any
			 nominee for whose election as a director proxies are solicited; or
(c) Any other person, acting alone or with
			 one or more other persons, committees or groups, in organizing, directing or
			 financing the solicitation.
Ohio Administrative Code › Title 3901 - Department of Insurance › Chapter 3901-2 - Proxies, Consents, and Authorizations of Domestic Stock Insurance › Section 3901-2-13 - Information to be contained in proxy statement

Current through all regulations passed and filed through July 1, 2024
(A) Purpose
The purpose of this rule is to describe in detail and provide
				the format for the information that must be included in a proxy
				statement.
(B) Authority
This rule is promulgated pursuant to the authority vested in
				the superintendent under sections
				3901.041 and
				3901.31 of the Revised
				Code.
(C) 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.
(D) 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.
(E)
			 Persons making the solicitation
(1)
			 Solicitations not subject to rule
			 3901-2-12
			 of the Administrative Code.
(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.
Ohio Administrative Code › Title 3901 - Department of Insurance › Chapter 3901-2 - Proxies, Consents, and Authorizations of Domestic Stock Insurance › Section 3901-2-14 - 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 all regulations passed and filed through July 1, 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.
(c) Your residence address.
(d) Information as to all material
			 occupations, positions, offices or employment during the last ten years, giving
			 starting and ending dates of each and the name, principal business and address
			 of any business corporation or other business organization in which each such
			 occupation, position, office or employment was carried on.
Ohio Administrative Code › Title 3901 - Department of Insurance › Chapter 3901-2 - Proxies, Consents, and Authorizations of Domestic Stock Insurance › Section 3901-2-15 - Information required in information statement

Current through all regulations passed and filed through July 1, 2024
(A)
								
			 Purpose
The purpose of this rule is to
				describe the information that must be included in an information statement when
				there is no proxy sought.
(B)
								 Authority
This rule is promulgated pursuant to
				the authority vested in the superintendent under sections
				3901.041 and
				3901.31 of the Revised
				Code.
(C) Where any paragraph other than paragraph
			 
								(H) of
			 this rule calls for information with respect to any matter to be acted upon at
			 the meeting, such paragraph need be answered only with respect to proposals to
			 be made by the issuer.
(D) Information
			 required by rule
			 3901-2-13
			 of the Administrative Code.
Furnish the information called for by rule
				3901-2-13
				of the Administrative Code regarding proxies, consents and authorizations
				(other than paragraphs 
									(C), (E) and (F) of this rule) 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.
(E) 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."
(F) 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.
(G) Interest of
			 certain persons in matters to be acted upon
Describe briefly any substantial interest, direct or indirect,
				by security holdings or otherwise, by each of the following persons in any
				matter to be acted upon, other than elections to office:
(1) Each person who has been a director or
			 officer of the issuer at any time since the beginning of the last fiscal
			 year.
(2) Each nominee for election
			 as a director of the issuer.
(3)
			 Each associate of the foregoing persons.
(4) Give the name of any director of the
			 issuer who has informed the management in writing that he intends to oppose any
			 action to be taken by the management at the meeting and indicate the action
			 which he intends to oppose.
Ohio Administrative Code › Title 3901 - Department of Insurance › Chapter 3901-3 - Acquisitions and Mergers; Insurance Holding Company Systems › Section 3901-3-02 - Regulation and registration of insurers under the Insurance Holding Company Regulatory Act

Current through all regulations passed and filed through July 1, 2024
(A) Purpose
The purpose of this rule is to interpret certain terms,
				establish standards, and to promulgate forms to be adhered to in the regulation
				and registration of insurers authorized to do business in this state.
(B) Authority
This rule is promulgated pursuant to the authority vested in
				the superintendent under section
				3901.041 of the Revised Code.
				Sections 3901.32 to
				3901.37 of the Revised Code,
				provide for the regulation and registration of insurance holding company
				systems.
(C) Definitions
(1) "Executive officer" means any individual
			 charged with active management and control, in an executive capacity, including
			 a president, vice president, treasurer, secretary, controller, and any other
			 individual performing for a person, whether incorporated or unincorporated,
			 functions corresponding to those performed by the foregoing officers.
(2) "Ultimate controlling person" means that
			 person within an insurance holding company system which is not controlled by
			 any other person.
(3) "Insurer" as
			 defined in division (F) of section
			 3901.32 of the Revised Code
			 includes, but is not limited to, domestic, foreign, and alien stock or mutual
			 insurance companies, mutual protective insurance associations, fraternal
			 benefit societies, risk retention groups domiciled in this state as described
			 in division (A) of section
			 3960.02 of the Revised Code,
			 reciprocals, title guarantee and trust companies, health insuring corporations,
			 and any other persons engaged either directly or indirectly in this state in
			 the business of insurance which is subject to regulation by the superintendent
			 of insurance.
(4) "Applicant" means
			 a person or persons seeking to control an insurer.
(5) All other terms used herein shall have
			 the same meanings prescribed in section
			 3901.32 of the Revised Code
			 unless the context otherwise requires. Other nomenclature or terminology is
			 according to the Revised Code, or insurance usage if not defined by the Revised
			 Code.
Ohio Administrative Code › Title 3901 - Department of Insurance › Chapter 3901-3 - Acquisitions and Mergers; Insurance Holding Company Systems › Section 3901-3-05 - Valuation of investments

Current through all regulations passed and filed through July 1, 2024
(A) Purpose
The purpose of this rule is to facilitate the department's
				analysis and examination of the financial condition of insurers by establishing
				procedures for the valuing of investments to be used by insurers in the
				preparation and filing of statutory financial statements and other financial
				information.
(B) Authority
This rule is issued pursuant to the authority vested in the
				superintendent of insurance under sections
				3901.041,
				3901.77,
				3907.20 and
				1751.47 of the Revised Code.
(C) Procedures
The "Valuation of Securities Manual", "Purposes and Procedures
				Manual of the NAIC Securities Valuation Office", and the "Accounting Practices
				and Procedures Manual" as published by the National Association of Insurance
				Commissioners (NAIC) have been adopted for use in Ohio by section
				3901.77 of the Revised Code. The
				procedures outlined in these publications are to be used for valuing
				investments for which valuations are not otherwise defined by statute or rule.
				The superintendent shall disallow any accounting practice or procedure
				prescribed by the publications if he deems it necessary to ascertain the
				condition and affairs of any company. In making the disallowance determination,
				the superintendent shall consider such factors as the nature of the investment;
				the financial stability of the issuing company; the applicability of other
				standardized accounting procedures; and other factors affecting the accuracy of
				the valuation.
(D)
			 Valuations of investments otherwise defined.
A company which has an investment which cannot be valued in
				accordance with paragraph (C) of this rule shall be a non-admitted investment
				and afforded a value of zero in any filing of statutory financial statements
				and other financial information.
(E) Severability
If any section, term or provision of this rule is adjudged
				invalid for any reason, such judgment shall not affect, impair or invalidate
				any other section, term or provision of this rule, but the remaining sections,
				terms and provisions shall be and continue in full force and effect.
R.C. 119.032 review dates:
				08/26/2014 and
				08/26/2019
Promulgated
				Under: 119.03
Statutory Authority: 3901.041, 3901.77, 3907.20,
				1751.47
Rule Amplifies: 3901.77, 3907.20, 1751.47
Prior
				Effective Dates: 10/21/1991, 12/31/2000,
				3/21/2005