Current through Reg. 50, No. 187; September 24, 2024
(1) The definitions and instructions set out
in Schedule SIS, as promulgated by the National Association of Insurance
Commissioners, shall be applicable for the purposes of this chapter.
(2) The terms "solicit" and "solicitation"
for purposes of this chapter shall include:
(a) Any request for a proxy, whether or not
accompanied by or included in a form of proxy; or
(b) Any request to execute or not to execute,
or to revoke, a proxy; or
(c) The
furnishing of a proxy or other communication to stockholders under
circumstances reasonably calculated to result in the procurement, withholding
or revocation of a proxy.
(3) The terms "solicit" and "solicitation"
shall not include:
(a) Any solicitation by a
person in respect of stock of which he is the beneficial owner;
(b) Action by a broker or other person in
respect to stock carried in his name or in the name of his nominee in
forwarding to the beneficial owner of such stock soliciting material received
from the company, or impartially instructing such beneficial owner to forward a
proxy to the person, if any, to whom the beneficial owner desires to give a
proxy, or impartially requesting instructions from the beneficial owner with
respect to the authority to be conferred by the proxy and stating that a proxy
will be given if the instructions are received by a certain date;
(c) The furnishing of a form of proxy to a
stockholder upon the unsolicited request of such stockholder, or the
performance by any person of ministerial acts on behalf of a person soliciting
a proxy.
(4) The term
"stock" for the purposes of this chapter shall be intended to mean "equity
security."
(5) The term
"stockholder" for the purposes of this chapter shall be intended to mean
"security holder."
Rulemaking Authority 624.308 FS. Law Implemented
624.307(1), 628.152 FS.
New 3-18-65, Amended 1-22-68, 9-20-69, Repromulgated
12-24-74, Formerly 4-17.04, 4-17.004,
4-143.029.
