ARSD 20:06:03:21. Solicitations prior to furnishing required written proxy statement and filing requirements and application to report

Solicitations prior to furnishing required written proxy statement and filing requirements and application to report: (1) Two copies of any soliciting material proposed to be sent or given to stockholders prior to the furnishing of the written proxy statement required by subdivision 20:06:03:06(1) shall be filed with the director of insurance in preliminary form at least five business days prior to the date definitive copies of such material are first sent or given to such persons, or shorter period as the director of insurance may authorize upon a showing of good cause therefor; and (2) Notwithstanding the provisions of subdivisions 20:06:03:06(2) and (3), two copies of any portion of the report referred to in subdivision 20:06:03:06(2) which comments upon or refers to any solicitation subject to this section, or to any participant in any such solicitation, other than the solicitation by the management, shall be filed with the director of insurance as proxy material subject to this chapter. Such portion of the report shall be filed with the director of insurance in preliminary form at least five business days prior to the date copies of the report are first sent or given to stockholders.