W. Va. Code R. § 114-35-19

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 114-35-19 - Extraordinary Dividends and Other Distributions

19.1. Requests for approval of extraordinary dividends or any other extraordinary distribution to shareholders shall include the following:

19.1.a. The amount of the proposed dividend;

19.1.b. The date established for payment of the dividend;

19.1.c. A statement as to whether the dividend is to be in cash or other property and, if in property, a description thereof, its cost, and its fair market value together with an explanation of the basis for valuation of the property;

19.1.d. A copy of the calculations determining that the proposed dividend is extraordinary. The work paper shall include the following information:

19.1.d.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 (12) 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;

19.1.d.2. Surplus as regards policyholders (total capital and surplus) as of the 31st day of December next preceding;

19.1.d.3. If the insurer is a life insurer, the net gain from operations for the twelve (12) month period ending the 31st day of December next preceding;

19.1.d.4. If the insurer is not a life insurer, the net income less realized capital gains for the twelve (12) month period ending the 31st day of December next preceding and the two (2) preceding twelve (12) months periods; and

19.1.d.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 (2) calendar years;

19.1.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; and

19.1.f. A brief statement as to the effect of the proposed dividend upon the insurer's surplus and the reasonableness of the surplus in relation to the insurer's outstanding liabilities and the adequacy of surplus relative to the insurer's financial needs.

19.2. Subject to W. Va. Code § 33-27-5(c), each registered insurer shall report to the Commissioner all dividends and other distributions to shareholders within fifteen (15) business days following the declaration thereof, including the same information required by subsections 17.1.4, 17.1.4.1, 17.1.4.2, 17.1.4.3, 17.1.4.4, and 17.1.4.5 of this rule subdivision (d), subsection 19.1 of this section.

W. Va. Code R. § 114-35-19