§431:4-244 - Filing of information required by schedule B.
[§431:4-244] Filing of information requiredby schedule B. (a) No solicitation shall be made by any person, otherthan the management of an insurer unless at least five business days priorthereto or a shorter period as the commissioner may authorize upon a showing ofgood cause, there has been filed, with the commissioner, by or on behalf ofeach participant in the solicitation, a statement in duplicate containing theinformation specified in schedule B pursuant to section 431:4-233 and a copy ofany material proposed to be distributed to stockholders in furtherance of thesolicitation. Where preliminary copies of any materials are filed,distribution to stockholders shall be deferred until the commissioner'scomments have been received and complied with.
(b) Within five business days after asolicitation is made by the management of an insurer, or a longer period as thecommissioner may authorize upon a showing of good cause, there shall be filedwith the commissioner by or on behalf of each participant in the solicitation,other than the insurer and by or on behalf of each management nominee ordirector, a statement in duplicate containing the information specified byschedule B under section 431:4-233.
(c) If any solicitation on behalf of the managementor any other person has been made, or if proxy material is ready fordistribution, prior to a solicitation in opposition thereto, a statement induplicate containing the information specified in schedule B shall be filedwith the commissioner, by or on behalf of each participant in the priorsolicitation, other than the insurer, as soon as reasonably practicable afterthe commencement of the solicitation in opposition thereto.
(d) If, subsequent to the filing of thestatements required by subsections (a), (b), and (c), additional persons becomeparticipants in a solicitation, there shall be filed with the commissioner, byor on behalf of each person, a statement in duplicate containing theinformation specified in schedule B under section 431:4-233, within threebusiness days after the person becomes a participant, or longer period as thecommissioner may authorize upon a showing of good cause.
(e) If any material change occurs in the factsreported in any statement filed by or on behalf of any participant, anappropriate amendment to the statement shall be filed within three businessdays by or on behalf of each respective participant with the commissioner.
(f) Each statement and amendment thereto filedpursuant to this section shall be part of the public files of the commissioner.[L 2000, c 24, pt of §2]