Section 26-A1403. OWNERSHIP OF MORE THAN TEN PER CENT OF AN EQUITY SECURITY

 

1403.1For the purposes of Section 3(a) of the Act, in determining whether a person is the beneficial owner, directly or indirectly, of more than ten per cent (10%) of any class of any equity security, a class shall be considered to consist of the total amount of the class outstanding, exclusive of any securities of the class held by or for the account of the insurer or a subsidiary of the insurer.

 

1403.2Except for the purpose of determining percentage ownership of voting trust certificates or certificates of deposit for equity securities, the class of voting trust certificates or certificates of deposit shall be considered to consist of the amount of voting trust certificates or certificates of deposit issuable with respect to the total amount of outstanding equity securities of the class which may be deposited under the voting trust agreement or deposit agreement in question, whether or not all of the outstanding securities have been so deposited.

 

1403.3For the purposes of this section, a person acting in good faith may rely on the information contained in the latest Convention Form Statement filed with the Commissioner with respect to the amount of securities of a class outstanding or in the case of voting trust certificates or certificates of deposit the amount thereof issuable.