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6.6.1403    MATERIALS SUBJECT TO FILING REQUIREMENTS

(1) A solicitation subject to this sub-chapter may not be made by any person other than the management of an insurer unless at least 5 business days prior to the solicitation, or within a shorter period which the commissioner of insurance may author- ize 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 required by this sub-chapter and accompanied by a copy of any material to be distributed to stockholders in furtherance of the solicitation. Where preliminary copies of any materials are filed, distribution to stockholders 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 sub-chapter is made by the management of an insurer, or within a longer period which the commissioner may authorize upon a showing of good cause, there shall 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 management nominee for director, a statement in duplicate containing the information required by this sub-chapter.

(3) If any solicitation on behalf of management or any other person has been made, or if proxy material is ready for distribution, prior to a solicitation subject to this sub-chapter in opposition thereto, a statement in duplicate con-taining the information required by this sub-chapter shall be filed with the commissioner, by or on behalf of each participant in the prior solicitation other than the insurer, as soon as reasonably practicable after the commencement of the solicitation in opposition thereto.

(4) If, subsequent to the filing of the statements re-

quired by subsections (1) , (2) , and (3) of this rule, additional persons become participants in a solicitation subject to this rule, there shall be filed with the commissioner by or on behalf of each of those persons a statement in duplicate, containing the information required by this sub-chapter, within 3 business days after each person becomes a participant or a longer period which the commissioner may authorize 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 that statement shall be filed promptly with the commissioner.

(6) Each statement and amendment filed pursuant to this

rule becomes part of the public files of the commissioner.

History: Sec. 33-3-447 MCA; IMP, Sec. 33-3-447 MCA; EMERG, NEW, Eff. 5/5/75.

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