S.D. Admin. R. 20:06:04:32

Current through Register Vol. 51, page 67, December 16, 2024

Section 20:06:04:32 - Exemption from restrictions on profits of certain transactions in which securities are received by redeeming other securities

Any acquisition of an equity security, other than a convertible security or right to purchase a security, by a director or officer of the insurer issuing such security shall be exempt from the operation of SDCL 58-5-71 to 58-5-73, inclusive, upon condition that:

(1) The equity security is acquired by way of redemption of another security of an insurer substantially all of whose assets other than cash or government bonds consist of securities of the insurer issuing the equity security so acquired, and which:

(a) Represented substantially and in practical effect a stated or readily ascertainable amount of such equity security;

(b) Had a value which was substantially determined by the value of such equity security;

(c) Conferred upon the holder the right to receive such equity security without the payment of any consideration other than the security redeemed;

(2) No security of the same class as the security redeemed was acquired by the director or officer within six months prior to such redemption or is acquired within six months after such redemption;

(3) The insurer issuing the equity security acquired has recognized the applicability of subdivision 20:06:04:32(1) by appropriate corporate action.

S.D. Admin. R. 20:06:04:32

4 SDR 6, effective 8/9/1977; 12 SDR 151, 12 SDR 155, effective 7/1/1986.

General Authority: SDCL 58-5-73, 58-5-77.

Law Implemented: SDCL 58-5-71 to 58-5-73.