PART 653 PRE-ACQUISITION NOTIFICATION : Sections Listing

TITLE 50: INSURANCE
CHAPTER I: DEPARTMENT OF INSURANCE
SUBCHAPTER g: INSURANCE HOLDING COMPANY SYSTEMS
PART 653 PRE-ACQUISITION NOTIFICATION

AUTHORITY: Implementing Article VIII˝ and authorized by Sections 131.12a and 401 of the Illinois Insurance Code [215 ILCS 5/Art. VIII˝ and Sections 131.12a and 401].

SOURCE: Emergency rule adopted at 10 Ill. Reg. 793, effective January 1, 1986, for a maximum of 150 days; adopted at 10 Ill. Reg. 17163, effective October 1, 1986; transferred from the Department of Insurance to the Department of Financial and Professional Regulation pursuant to Executive Order 2004-6 on July 1, 2004; transferred from the Department of Financial and Professional Regulation to the Department of Insurance pursuant to Executive Order 2009-4 on June 1, 2009; recodified from 50 Ill. Adm. Code 853 to 50 Ill. Adm. Code 653 at 41 Ill. Reg. 144; amended at 41 Ill. Reg. 7578, effective June 19, 2017.

 

Section 653.10  Purpose

 

The purpose of this Part is to set forth requirements the Director deems necessary to carry out the provisions of Section 131.12a of the Illinois Insurance Code.

 

(Source:  Amended at 41 Ill. Reg. 7578, effective June 19, 2017)

 

Section 653.15  Definitions

 

"Code" means the Illinois Insurance Code [215 ILCS 5].

 

"Department" means the Illinois Department of Insurance.

 

"Director" means the Director of the Illinois Department of Insurance.

 

(Source:  Added at 41 Ill. Reg. 7578, effective June 19, 2017)

 

Section 653.20  Pre-acquisition Notification – Form of Statement Filing

 

a)         Any person required to file a statement pursuant to Section 131.12a of the Illinois Insurance Code shall furnish the required information in the format, and as specified in Form CX which is Illustration A of this Part.

 

b)         Two copies of this notification shall be filed with the Director at least 30 days prior to the proposed effective date of the acquisition.

 

c)         The Director shall request, on a one time basis after receipt of the Form CX and before the expiration of 30 days, copies of any change of control statements or merger statements or consolidation statements filed in any other jurisdiction.  Said statements shall be added to the Form CX as Exhibits.

 

Section 653.30  Pre-acquisition Notification – Severability Provision

 

If any Section or portion of a Section of this Part or the applicability of that Section or portion of a Section to any person or circumstance is held invalid by a court, the remainder of the Part or the applicability of the provision to other persons or circumstances shall not be affected by that determination of invalidity.

 

(Source:  Added at 41 Ill. Reg. 7578, effective June 19, 2017)

 

Section 653.ILLUSTRATION A   Form CX

 

INSTRUCTIONS FOR COMPLETION

FORM CX

 

PRE-ACQUISITION NOTIFICATION

 

Filed with the Insurance Department of the State of Illinois.

 

BY

 

 

 

 

(Name of Registrant)

 

On Behalf of the Following Insurance Companies

 

 

 

 

 

 

 

 

 

 

 

Date:

 

, 20

 

 

Name, Title and Address of Officer to Whom Notices and Correspondence Concerning this Statement Should be Addressed: ___________________________________________________

 

 

 

 

 

Item 1.             Parties.

 

Identify all "involved insurers", "acquired persons" or "acquired insurers" subject to Section 131.12a of the Illinois Insurance Code.

 

Item 2.             Method and Date of Acquisition.

 

Describe the transactions that will occur and may directly or indirectly change the control, as defined in Code Section 131.1(b), of an insurer authorized to do business in this State.  Identify the effective date for the transactions.

 

Item 3.             Market Shares.

 

            Identify the rank and percent of the market share for each insurer or group of insurers as defined by Code Section 131.12a by line of insurance.  The lines of insurance include Illinois business reported on the Direct Business In The State Of Illinois page of the Life, Accident and Health Annual Statement blank and the Exhibit of Premiums and Losses (Statutory Page 14) page of the Property and Casualty Annual Statement blank as filed with the Director for the preceding year as required by Code Section 136.

 

Item 4.             Expert Opinion (Optional).

 

            Include statement by economist regarding competitive impact of acquisition.  The statement shall also include the qualifications of that economist.

 

Item 5.             Filing Fees.

 

            Pursuant to Code Section 408, the Director shall collect a fee for the filing of a statement of acquisition of a foreign or alien insurance company. This filing shall not be deemed complete until the Director has received the appropriate filing fee required by Section 408.

 

Item 6.             This Form is not to be used as a blank form to be filled in, but only as a guide in the preparation of the statement.

 

Item 7.             Incorporation by Reference

 

a)         Materials required by any item of this statement may be incorporated by reference in answer or partial answer to any other item. 

 

b)         Information contained in any financial statement, annual report, proxy statement, statement filed with a governmental authority, or any other document may be incorporated by reference in answer or partial answer to any item, provided the document or paper is filed as an exhibit to the statement.  Excerpts of documents may be filed as exhibits if the documents are extensive.  Documents currently on file with the Director that were filed within the prior three years need not be attached as exhibits.  References to information contained in exhibits or in documents already on file shall clearly identify the material and shall specifically indicate that the material is to be incorporated by reference in answer to the item.  Material shall not be incorporated by reference in any case in which the incorporation would render the statement incomplete, unclear or confusing.

 

c)         When an item requires a summary or outline of the provisions of any document, only a brief statement shall be made as to the pertinent provisions of the document.  In addition to the statement, the summary or outline may incorporate by reference particular parts of any exhibit or document currently on file with the Director that was filed within three years and may be qualified in its entirety by the reference.  In any case in which two or more documents required to be filed as exhibits are substantially identical in all material respects except as to the parties, the dates of execution, or other details, a copy of only one of the documents need be filed, with a schedule identifying the omitted documents and setting forth the material details in which the documents differ from the documents a copy of which is filed.

 

Affidavit of Registrant.

 

State of

 

)

 

 

)

County of

 

)

 

(Company officer)

 

being duly sworn, deposes and says:

 

That he or she is the

(Title)

of the

(Name of the Company)

, a corporation organized

and existing under and by virtue of the laws of the State of

(State)

; and on whose

 

behalf makes this Affidavit.

 

 

 

Deponent says that he or she is familiar with Pre-Acquisition Notification and its contents, and that the facts set forth are true to the best of his or her knowledge, information and belief.

 

____________________________________

(Signature)

(Type or Print Name Beneath)

 

(Source:  Amended at 41 Ill. Reg. 7578, effective June 19, 2017)