Minnesota Administrative Rules
Agency 120 - Commerce Department
Chapter 2720 - INSURANCE HOLDING COMPANY SYSTEMS
Part 2720.0500 - EXTRAORDINARY DIVIDENDS AND OTHER DISTRIBUTIONS
Universal Citation: MN Rules 2720.0500
Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1. Format for request.
Requests for approval of extraordinary dividends or any other extraordinary distribution to shareholders shall include the following:
A. the amount of the proposed
dividend;
B. the date established
for payment of the dividend;
C. a
statement as to whether the dividend is to be in cash or other property and, if
in property, a description thereof, its cost, and its fair market value,
together with an explanation of the basis for valuation;
D. a copy of the calculations determining
that the proposed dividend is extraordinary. The work paper must include the
following information:
(1) the amounts, dates,
and form of payment of all dividends or distributions, including regular
dividends but excluding distributions of the insurer's own securities, paid
within the period of 12 consecutive months ending on the date fixed for payment
of the proposed dividend for which approval is sought and commencing on the day
after the same day of the same month in the preceding year;
(2) surplus as regards policyholders, or
total capital and surplus, as of the preceding December 31;
(3) if the insurer is a life insurer, the net
gain from operations for the 12-month period ending on the preceding December
31;
(4) if the insurer is not a
life insurer, the net income less realized capital gains for the 12-month
period ending on the preceding December 31 and the two preceding 12-month
periods; and
(5) if the insurer is
not a life insurer, the dividends paid to stockholders excluding distributions
of the insurer's own securities in the preceding two calendar years;
E. a balance sheet and statement
of income for the period intervening from the last annual statement filed with
the commissioner and the end of the month preceding the month in which the
request for dividend approval is submitted; and
F. a brief statement as to the effect of the
proposed dividend upon the insurer's surplus and the reasonableness of surplus
in relation to the insurer's outstanding liabilities and the adequacy of
surplus relative to the insurer's financial needs.
Subp. 2. Report of distributions.
Subject to Minnesota Statutes, section 60D.20, subdivision 2, each registered insurer shall report to the commissioner all dividends and other distributions to shareholders within 15 business days following the declaration of them, including the same information required by subpart 1, item D, subitems (4) and (5).
Statutory Authority: MS s 45.023; 60D.07; 60D.23
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