S.D. Admin. R. 20:06:09:43
The pre-acquisition notification form, or Form E, shall state the names and addresses of the persons who are providing notice of their involvement in a pending acquisition or change in corporate control. The Form E shall state the names and addresses of affiliated persons, and describe their affiliations. The Form E shall state the nature and purpose of the proposed merger or acquisition, and state the nature of the business performed by each persons identified.
A Form E filing must state specifically what market and market share in each relevant insurance market the person(s) identified in Form E currently enjoy in this state. Provide historical market and market share data for each person identified in Form E for the past five years and identify the source of such data. Provide a determination as to whether the proposed acquisition or merger, if consummated, would violate the competitive standards of the state as stated in SDCL chapter 58-5 A. If the proposed acquisition or merger violates competitive standards, provide justification of why the acquisition or merger would not substantially lessen competition or create a monopoly in this state. For purposes of this section, market means direct written insurance premium in this state for a line of business as contained in the annual statement required to be filed by insurers licensed to do business in this state.
S.D. Admin. R. 20:06:09:43
General Authority: SDCL 58-5A-70.
Law Implemented: SDCL 58-5A-45, 58-5A-48 and 58-5A-70.
Note: A copy of Form E may be obtained from the Division of Insurance, 124 South Euclid Avenue, 2nd Floor, Pierre, South Dakota 57501. (605) 773-3563, free of charge.