HAR §16-1-11. Participant or participant in a solicitation

(a) For purposes of this section the terms "participant" and "participant in a solicitation" include: (1) The Insurer; or (2) Any director of the insurer, and any nominee for whose election as a director proxies are solicited; or (3) Any other person, acting alone or with one or more other persons, committees or groups, in organizing, directing or financing the solicitation. (b) For the purposes of this section the terms "participant" and "participant in a solicitation" do not include: (1) A bank, broker or dealer who, in the ordinary course of business, lends money or executes orders for the purchase or sale of stock and who is not otherwise a participant; or (2) Any person or organization retained or employed by a participant to solicit stockholders or any person who merely transmits proxy soliciting material or performs ministerial or clerical duties; or (3) Any person employed in the capacity of attorney, accountant, or advertising, public relations or financial advisor, and whose activities are limited to the performance of the person’s duties in the course of such employment of the insurer or any of its subsidiaries or affiliates who is not otherwise a participant; or 1-6 (4) Any person regularly employed as an officer or employee of the insurer or any of its subsidiaries or affiliates who is not otherwise a participant; or (5) Any officer or director of, or any person regularly employed by any other participant, if the officer, director, or employee is not otherwise a participant. [Eff 6/22/81] (Auth: HRS §431:2-201) (Imp: HRS §431:4-103)