1. (a) A domestic stock insurer shall not pay any cash dividend to stockholders except out of that part of its available surplus funds which is derived from realized net profits on its business.
2. (b) A stock dividend may be paid out of any available surplus funds in excess of the aggregate amount of surplus loaned to the insurer under Section 27-27-40.

3. (c) A dividend otherwise proper may be payable out of the insurer’s surplus even though its total surplus is then less than the aggregate of its past contributed surplus resulting from issuance of its capital stock at a price in excess of the par value thereof if payment is conditioned upon receipt of the commissioner’s approval and the insurer does not pay the dividend until the commissioner has done the following:

   1. (1) Approved the payment of the dividend, or
   2. (2) Not disapproved the payment of the dividend within 30 days after receipt of notice from the insurer of the declaration thereof.

(Acts 1971, No. 407, p. 707, §533; Acts 1994, No. 94-634, p. 1178, §2.)