HAR §16-1-12
HAR §16-1-12. Filing of information required by "schedule B
Cite as Haw. Code R. § 16-1-12
"
(a) No
solicitation subject to this chapter shall be made by any person other than the
management of an insurer unless at least five business days prior thereto, or
shorter period as the insurance commissioner may authorize upon a showing of
good cause therefor, has been filed, with the insurance commissioner, by or on
behalf of each participant in the solicitation, a statement in duplicate containing
the information specified in the exhibit entitled "Schedule B" at the end of this
chapter and a copy of any material proposed to be distributed to stockholders in
furtherance of the solicitation.
Where preliminary copies of any materials are
filed, distribution to stockholders should be deferred until the insurance
commissioner’s comments have been received and complied with.
(b)
Within five business days after a solicitation subject to this chapter
is made by the management of an insurer, or longer period as the insurance
commissioner may authorize upon a showing of good cause therefor, there shall
be filed with the insurance commissioner by or on behalf of each participant in
the solicitation, other than the insurer and by or on behalf of each management
nominee or director, a statement in duplicate containing the information specified
by the exhibit entitled "Schedule B" at the end of this chapter.
(c)
If any solicitation on behalf of the management or any other person
has been made, or if proxy material is ready for distribution, prior to a solicitation
subject to this chapter in opposition thereto, a statement in duplicate containing
the information specified in the exhibit entitled "Schedule B" at the end of this
chapter shall be filed with the insurance 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.
(d)
If, subsequent to the filing of the statements required by subsections
(a), (b), and (c), additional persons become participants in a solicitation subject
to this chapter, there shall be filed with the insurance commissioner, by or on
behalf of each
person, a statement in duplicate containing the information
specified in exhibit entitled "Schedule B" at the end of this chapter, within three
business days after the person becomes a participant, or longer period as the
insurance commissioner may authorize upon a showing of good cause therefor.
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(e)
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 shall be filed promptly with the insurance commissioner.
(f)
Each statement and amendment thereto filed pursuant to this section
shall be part of the public files of the insurance commissioner.
[Eff 6/22/81]
(Auth: HRS §431:2-201) (Imp: HRS §431:4-103)