1. (1) No person, other than the issuer shall make a tender offer of or a request or invitation for tenders of, or enter into any agreement to exchange securities for, seek to acquire, or acquire in the open market or otherwise, any voting security of a domestic company if, after the consummation thereof, such person would, directly or indirectly (or by conversion or by exercise of any right to acquire) be in control of the company.
2. (2) No person shall enter into an agreement to merge with or otherwise to acquire control of a domestic company without the prior written approval of the commissioner.
3. (3) In considering an application for acquisition of control or merger with a domestic company, the commissioner shall consider all of the facts and circumstances surrounding the application as well as the criteria for establishing a company in these rules and Title 33, chapter 28, MCA.

Authorizing statute(s): 33-28-206, MCA

Implementing statute(s): 33-28-105, MCA

History: NEW, 2002 MAR p. 171, Eff. 2/1/02.