(a)
(1) No solicitation subject to this subpart shall be made by any person other than the management of an insurer unless at least five (5) business days prior thereto, or such shorter period as the Insurance Commissioner may authorize upon a showing of good cause therefor, there has been filed with the commissioner by or on behalf of each participant in such solicitation, a:
- (A) Statement in duplicate containing the information specified by Schedule B; and
- (B) Copy of any material proposed to be distributed to stockholders in furtherance of such solicitation.
- (2) Where preliminary copies of any materials are filed, distribution to stockholders should be deferred until the commissioner’s comments have been received and complied with.
- (b) Within five (5) business days after a solicitation subject to this subpart is made by the management of an insurer, or such longer period as the commissioner may authorize upon a showing of good cause therefor, there shall be filed with the commissioner by or on behalf of each participant in such solicitation, other than the insurer, and by or on behalf of each management nominee for director, a statement in duplicate containing the information specified by Schedule B.
- (c) If any solicitation on behalf of management or any other person has been made, or if proxy material is ready for distribution, prior to solicitation subject to this subpart in opposition thereto, a statement in duplicate containing the information specified in Schedule B shall be filed with the commissioner, by or on behalf of each participant in such prior solicitation, other than the insurer, as soon as reasonably practicable after the commencement of the solicitation in opposition thereto.
- (d) If, subsequent to the filing of the statements required by subsections (a), (b), and (c) of this section, additional persons become participants in a solicitation subject to this rule, there shall be filed with the commissioner, by or on behalf of each such person, a statement in duplicate containing the information specified by Schedule B within three (3) business days after such person becomes a participant or such longer period as the commissioner may authorize upon a showing of good cause therefor.
- (e) If any material change occurs in the facts reported in any statement filed by or on behalf of any participant, an appropriate amendment to such statement shall be filed promptly with the commissioner.
- (f) Each statement and amendment thereto filed pursuant to this section shall be part of the public files of the commissioner.