NAC693A.220. Solicitations: Filing of information.

     1. No solicitation subject to NAC 693A.210 to 693A.250, inclusive, may be made by any person other than the management of an insurer unless at least 5 business days prior thereto, or a shorter period authorized by the Commissioner of Insurance upon a showing of good cause, there has been filed with the Commissioner by or on behalf of each participant in the solicitation, a statement in duplicate containing the information specified by NAC 693A.520 to 693A.560, inclusive, and a copy of any material proposed to be distributed to security holders in furtherance of the solicitation. Where preliminary copies of any material are filed, distribution to security holders must be deferred until the Commissioner’s comments have been received and complied with.

     2. Within 5 business days after a solicitation subject to this section is made by the management of an insurer, or a longer period authorized by the Commissioner upon a showing of good cause, there must be filed with the Commissioner by or on behalf of each participant in the solicitation, other than the insurer, and by or on behalf of each person nominated by the management to be a director, a statement in duplicate containing the information required by NAC 693A.520 to 693A.560, inclusive.

     3. If any solicitation on behalf of management or any other person has been made or if proxy material is ready for distribution before a solicitation subject to NAC 693A.210 to 693A.250, inclusive, in opposition thereto, a statement in duplicate containing the information specified in NAC 693A.520 to 693A.560, inclusive, must be filed with the Commissioner by or on behalf of each participant other than the insurer in the prior solicitation. The information must be filed as soon as reasonably practicable after the commencement of the opposing solicitation.

     4. If, after the filing of the statements required by subsections 1, 2 and 3 of this section, additional persons become participants in a solicitation subject to this section, there must be filed with the Commissioner by or on behalf of each such person, a statement in duplicate containing the information specified by NAC 693A.520 to 693A.560, inclusive, within 3 business days after the person becomes a participant, unless the Commissioner authorizes a later cutoff date for filing upon a showing of good cause.

     5. If any material change occurs in the facts reported in any statement filed by or on behalf of any participant, an appropriate amendment to the statement must be filed promptly with the Commissioner.

     6. Each statement and amendment thereto filed pursuant to this section is part of the public files of the Commissioner.

     [Comm’r of Insurance, M-4 § 10 subsec. 3, eff. 5-13-72]