NRS 693A.320
Acquisition of controlling stock.


1.

Any person proposing to acquire the controlling capital stock of any domestic stock insurer and thereby to change the control of the insurer, other than through merger or consolidation or affiliation as provided for in NRS 693A.310 and 693A.330, must first apply to the Commissioner in writing for approval of the proposed change of control. The application must state the names and addresses of the proposed new owners of the controlling stock and contain such additional information as the Commissioner may reasonably require.

2.

The Commissioner shall not approve the proposed change of control if the Commissioner finds that:

(a)

The proposed new owners are not qualified by character, experience and financial responsibility to control and operate the insurer, or cause the insurer to be operated, in a lawful and proper manner;

(b)

As a result of the proposed change of control the insurer may not be qualified for a certificate of authority under the provisions of NRS 680A.090;

(c)

The interests of the insurer or other stockholders of the insurer or policyholder would be materially harmed through the proposed change of control; or

(d)

The proposed change of control would tend materially to lessen competition, or to create any monopoly, in a business of insurance in this state or elsewhere.

3.

If the Commissioner does not by affirmative action approve or disapprove the proposed change of control within 60 days after the date the application was so filed with the Commissioner, the proposed change may be made without the approval of the Commissioner, but if the Commissioner gives notice to the parties of a hearing to be held by the Commissioner with respect to the proposed change of control, and the hearing is held within the 30 days or on a date mutually acceptable to the Commissioner and the parties, the Commissioner has 10 days after the conclusion of the hearing within which to so approve or disapprove the proposed change. If not so approved or disapproved, the change may thereafter be made without the Commissioner’s approval.

4.

If the Commissioner disapproves the proposed change, the Commissioner shall give written notice thereof to the parties, setting forth in detail the reasons for disapproval.

5.

The Commissioner shall suspend or revoke the certificate of authority of any insurer the control of which has been changed in violation of this section.

6.

The Commissioner may retain at the acquiring party’s expense attorneys, actuaries, accountants and other experts not otherwise a part of the staff of the Commissioner as may be necessary only for the review of the proposed acquisition of control. Such a review may be conducted only if the parties fail to provide sufficient information to the Commissioner. Expenses chargeable to the acquiring party pursuant to this subsection must not exceed 1 percent of the acquired insurer’s net revenue during the year immediately preceding the year in which the application for change of control is filed with the Commissioner pursuant to subsection 1.

Source: Section 693A.320 — Acquisition of controlling stock., https://www.­leg.­state.­nv.­us/NRS/NRS-693A.­html#NRS693ASec320.

693A.010
Scope.
693A.020
Applicability of statutes relating to corporations.
693A.030
Domestic insurer prohibited from engaging in other business
693A.040
Principal offices.
693A.050
Books, records, documents, accounts and vouchers.
693A.060
Assets to be kept in State
693A.070
Removal or concealment of records or assets.
693A.080
Information to stockholders and regulation of proxies: Scope of provisions.
693A.090
Information to stockholders and regulation of proxies: Information in advance of meetings.
693A.100
Information to stockholders and regulation of proxies: Solicitation and form of proxies.
693A.110
Management and agency contracts
693A.120
Prohibited pecuniary interest of officers
693A.130
Liability of officers and others for paying taxes, licenses and fees.
693A.140
Dividends to stockholders.
693A.150
Participating policies.
693A.160
Dividends to policyholders.
693A.170
Purchase of own shares by stock insurer.
693A.180
Borrowing.
693A.190
Mutual insurers: Additional kinds of insurance.
693A.200
Mutual insurers: Membership.
693A.210
Mutual insurers: Bylaws.
693A.220
Mutual insurers: Contingent liability of members.
693A.230
Mutual insurers: Levy of contingent liability.
693A.240
Mutual insurers: Enforcement of contingent liability.
693A.250
Mutual insurers: Nonassessable policies
693A.260
Impairment of capital, surplus or assets: Notice
693A.270
Impairment of capital, surplus or assets: Curing deficiency
693A.280
Impairment of capital, surplus or assets: Violation of restrictions
693A.290
Mutualization of stock insurer.
693A.300
Conversion to ordinary business corporation.
693A.310
Affiliation of stock insurers.
693A.320
Acquisition of controlling stock.
693A.330
Merger or consolidation of stock insurers.
693A.340
Preservation of old charter in merger or consolidation.
693A.350
Merger or consolidation of mutual insurers.
693A.365
Assumption of reinsurance: Limitations
693A.370
Bulk reinsurance: Limitation
693A.380
Bulk reinsurance: Certificate of fees and commissions
693A.390
Member’s share of assets on liquidation.
Last Updated

Jun. 24, 2021

§ 693A.320’s source at nv​.us