(1) A solicitation subject to this sub-chapter may not be made
by any person other than the management of an insurer unless at least 5
business days prior to the solicitation, or within a shorter period which the
commissioner of insurance may author- ize upon a showing of good cause, there
has been filed with the commissioner, by or on behalf of each participant in
the solicitation, a statement in duplicate containing the information required
by this sub-chapter and accompanied by a copy of any material to be distributed
to stockholders in furtherance of the solicitation. Where preliminary copies of
any materials are filed, distribution to stockholders must be deferred until
the commissioner's comments have been received and complied with.
(2) Within 5 business days after a solicitation subject to this sub-chapter is made
by the management of an insurer, or within a longer period which the
commissioner may authorize upon a showing of good cause, there shall be filed
with the commissioner, by or on behalf of each participant in the solicitation
other than the insurer, and by or on behalf of each management nominee for
director, a statement in duplicate containing the information required by this
sub-chapter.
(3) If
any solicitation on behalf of management or any other person has been made, or
if proxy material is ready for distribution, prior to a solicitation subject to
this sub-chapter in opposition thereto, a statement in duplicate con-taining
the information required by this sub-chapter shall be filed with the
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.
(4) If, subsequent to the filing of the
statements re-
quired
by subsections (1) , (2) , and (3) of this rule, additional persons become
participants in a solicitation subject to this rule, there shall be filed with
the commissioner by or on behalf of each of those persons a statement in
duplicate, containing the information required by this sub-chapter,
within 3 business days after each person becomes a participant or a longer
period which the commissioner may authorize upon a showing of good cause.
(5) If any material change occurs in the
facts reported
in any
statement filed by or on behalf of any participant, an
appropriate
amendment to that statement shall be filed promptly with the commissioner.
(6) Each statement and amendment filed
pursuant to this
rule
becomes part of the public files of the commissioner.