NDAC 45-03-22-07
Prohibited practices
Cite as N.D. Admin. Code ยง 45-03-22-07
The following practices are prohibited:
1.
Borrowing funds by the mutual insurance holding company or its subsidiaries or affiliates from
the mutual insurance holding company's subsidiary or affiliates to finance the purchase of a
stock offering by the reorganized insurer.
2.
Payment of a commission, special fee, or any other special payment or extraordinary
compensation to an officer, director, interested person, or affiliate for arranging, promoting,
aiding, or assisting in the reorganization of the mutual insurance holding company or for
arranging, promoting, aiding, assisting, or participating in the structuring or placement of an
offering of securities except as permitted by the commissioner.
3.
Avoiding this chapter by entering into an understanding or agreement transferring a legal or
beneficial ownership of voting securities to another person.
4.
The publication of a prospectus, information, sales material, or sales presentation by the
applicant, or by any representative, agent, or affiliate of the applicant, may not contain a
representation that the commissioner's approval of an offering constitutes an endorsement of
the price, price range, fairness, suitability, or any other information or matter relating to the
offered securities or arising from the offering. The front of the prospectus must contain in
boldface type a statement that the commissioner's approval of an offering does not constitute
an endorsement of the price, price range, fairness, suitability, or any other information or
matter.