[§431:4-238]  Information to be furnished tostockholders.  (a)  No solicitation shall be made unless the personsolicited is concurrently furnished or has previously been furnished with awritten proxy statement containing the information required under schedule Apursuant to section 431:4-232.

(b)  If the solicitation is made on behalf ofthe management of the insurer and relates to an annual meeting of stockholdersat which directors are to be elected, each proxy statement furnished pursuantto subsection (a) shall be accompanied or preceded by an annual report (inpreliminary or final form) to the stockholders containing the financialstatements for the last fiscal year as are included in the exhibit entitled"stockholders information supplement-financial reporting tostockholder".  Subject to these requirements with respect to financialstatements, the annual report to stockholders may be in any form deemedsuitable by the management.

(c)  Two copies of each annual report sent tothe stockholders pursuant to this part shall be mailed to the commissioner notlater than the date on which the annual report is first sent or given tostockholders or the date on which preliminary copies of solicitation are filedwith the commissioner, pursuant to section 431:4-240(a), whichever date islater. [L 2000, c 24, pt of §2]