SECTION 365:40-3-23. Extraordinary dividends and other distributions

(a)   Request for approval of extraordinary dividends. Requests for approval of extraordinary dividends or any other extraordinary distribution to shareholders shall include the following:

(1)   the amount of the proposed dividend;

(2)   the date established for payment of the dividend;

(3)   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;

(4)   a copy of the calculations determining that the proposed dividend is extraordinary. The work paper shall include the following information:

(A)   the amounts, dates and form of payment of all dividends or distributions (including regular dividends but excluding distributions of the HMOs 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;

(B)   total capital and surplus as of the 31st day of the December next preceding;

(C)   the net income less realized capital gains for the 12-month period ending the 31st day of December next preceding and the two preceding 12-months periods; and

(D)   the dividends paid to stockholders excluding distributions of the HMO's own securities in the preceding two (2) calendar years.

(5)   a balance sheet and statement of income for the period intervening from the last annual statement filed with the Insurance Commissioner and the end of the month preceding the month in which the request for dividend approval is submitted; and

(6)   a brief statement as to the effect of the proposed dividend upon the HMO's surplus and the reasonableness of surplus in relation to the HMO's outstanding liabilities and the adequacy of surplus relative to the HMO's financial needs.

(b)   Report of dividends and distributions. Subject to Section 365:40-3-13, each registered HMO 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 Section 365:40-3-13(a) and (b).

[Source: Added at 21 Ok Reg 77, eff 11-1-03 (emergency); Added at 21 Ok Reg 1672, eff 7-14-04]