Section 45-03-05-18 - Extraordinary dividends and other distributions1. Requests for approval of extraordinary dividends or any other extraordinary distribution to shareholders shall include the following: a. The amount of the proposed dividend;b. The date established for payment of the dividend;c. A statement as to whether the dividend is to be in cash or other property and, if in property, a description of the property, its cost, and its fair market value together with an explanation of the basis for valuation; d. A copy of the calculations determining that the proposed dividend is extraordinary. The workpaper must include the following information:(1) The amounts, dates, and form of payment of all dividends or distributions (including regular dividends but excluding distributions of the insurer's own securities) paid within the period of twelve consecutive months ending on the date fixed for payment of the proposed dividend for which approval is sought and commencing on the day after the same day of the same month in the last preceding year;(2) Surplus as regards policyholders (total capital and surplus) as of the next preceding December thirty-first;(3) If the insurer is a life insurer, the net gain from operations for the twelve-month period ending the next preceding December thirty-first;(4) If the insurer is not a life insurer, the net income less realized capital gains for the twelve-month period ending the next preceding December thirty-first and the two preceding twelve-month periods; and(5) If the insurer is not a life insurer, the dividends paid to stockholders excluding distributions of the insurer's own securities in the preceding two calendar years.e. A balance sheet and statement of income for the period intervening from the last annual statement filed with the commissioner and the end of the month preceding the month in which the request for dividend approval is submitted; andf. A brief statement as to the effect of the proposed dividend upon the insurer's surplus and the reasonableness of surplus in relation to the insurer's outstanding liabilities and the adequacy of surplus relative to the insurer's financial needs.2. Subject to subsection 2 of North Dakota Century Code section 26.1-10-05, each registered insurer shall report to the commissioner all dividends and other distributions to shareholders within fifteen business days following the declaration thereof, including the same information required by subdivision d of subsection 1.N.D. Admin Code 45-03-05-18
Effective January 1, 1982; amended effective January 1, 1992; February 28, 1992.Amended by Administrative Rules Supplement 2016-359, January 2016, effective 1/1/2016.General Authority: NDCC 26.1-10-12
Law Implemented: NDCC 26.1-10-04