Code of Massachusetts Regulations
211 CMR - DIVISION OF INSURANCE
Title 211 CMR 13.00 - Proxies, Consents And Authorizations Of Domestic Stock Insurers
Section 13.04 - Definitions
Universal Citation: 211 MA Code of Regs 211.13
Current through Register 1531, September 27, 2024
(1) The definitions and instructions set out in Schedule SIS, as promulgated by the National Association of Insurance Commissioners, shall be applicable for purposes of 211 CMR 13.00.
(2) The terms solicit and solicitation for purposes of 211 CMR 13.00 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 form of proxy or other communication to security holders 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 securities of which he is the beneficial owner;
(b) action by a broker or other person in
respect to securities carried in his name or in the name of his nominee in
forwarding to the beneficial owner of such securities soliciting material
received from the insurer, 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 security holder upon the unsolicited request of such security
holder, or the performance by any person of ministerial acts on behalf of a
person soliciting a proxy.
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