Oregon Administrative Rules
Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION
Division 24 - DOMESTIC INSURERS; ORGANIZATION; CORPORATE PROCEDURES
Section 836-024-0110 - Securities "Held of Record" for Purpose of ORS 732.425
Universal Citation: OR Admin Rules 836-024-0110
Current through Register Vol. 63, No. 9, September 1, 2024
(1) To determine for the purpose of ORS 732.425 whether the equity securities of an insurer are held of record by 100 or more persons, securities are considered to be "held of record" by each person who is identified as the owner of the securities on records of security holders maintained by or on behalf of the insurer, subject to the following:
(a) If the records of security holders have
not been maintained in accordance with accepted practice, any additional person
who would be identified as an owner on the records if the records had been
maintained in accordance with accepted practice shall be included as a holder
of record.
(b) Securities
identified as held of record by a corporation, a partnership, a trust
(regardless of whether the trustees are named) or other organization shall be
included as held of record by one person.
(c) Securities identified as held of record
by one or more persons as trustees, executors, guardians, custodians or other
fiduciary with respect to a single trust, estate or account shall be included
as held of record by one person.
(d) Securities held by two or more persons as
co-owners shall be included as held by one person.
(e) Each outstanding unrecorded or bearer
certificate shall be included as held of record by a separate person, except to
the extent that the insurer can establish that, if the securities were
recorded, they would be held of record under this rule by a lesser number of
persons.
(f) Securities recorded in
substantially similar names may be included as held of record by one person
when the insurer has reason to believe that, because of the address or other
indication, the names represent the same person.
(2) Section (1) of this rule does not apply in either of the following circumstances. Instead:
(a) Securities that, to the knowledge of the
insurer, are held subject to a voting trust, deposit agreement or similar
arrangement shall be included as held of record by the record holders of the
voting trust certificates, certificates of deposit, receipts or similar
evidences of interest in the securities, except that the insurer may rely in
good faith on information received in response to its request from a
nonaffiliated issuer of the certificates or evidences of interest.
(b) If the insurer knows or has reason to
know that the form of holding securities of record is used primarily to
circumvent ORS 732.420 to
732.455, the insurer shall
consider the beneficial owners of the securities to be the record
owners.
Stat. Auth: ORS 731.244, 732.420, 732.430, 732.435, 732.445, 732.450, 732.455
Stats. Implemented: ORS 732.420 - 732.455
Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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