(a) No insurer, or insurance holding corporation, or stock corporation for financing operations of a mutual insurer, or attorney-in-fact corporation, or a reciprocal insurer, or any other type of organization existing for the same purpose, after:
(1) It has received a certificate of authority, if an insurer, in this or any other state; or
(2) It has completed its initial organization and financing, if a corporation, syndicate, or other organization other than an insurer, shall in this state solicit or receive funds in exchange for its securities, other than when combining and selling, for the account of its stockholders entitled thereto, fractional shares to which they become entitled through a stock dividend to existing stockholders until it has applied to the commissioner for, and has been granted, a solicitation permit.
(b) The commissioner shall issue such a permit unless he finds:
(1) That the funds proposed to be secured are excessive in amount for the purposes intended;
(2) That the proposed securities or the manner of their distribution are inequitable; or
(3) That the offering or issuance of the securities would be unfair to existing or prospective holders of securities of the same insurer, corporation, syndicate, or organization.
(c) Any such solicitation permit granted by the commissioner shall be for such duration and shall contain such terms, and be issued upon, such conditions as the commissioner may reasonably specify or require for the protection of existing or proposed policyholders or investors.
(d) This section is supplemental to other laws of this state applicable to the sale of securities.
Last modified: May 3, 2021