Section R20-6-1409. Extraordinary Dividends and Other Distribu- tions

A.      Requests for approval of extraordinary dividends or any other extraordinary distribution to shareholders shall include the fol- lowing:

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 expla- nation 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 divi- dends or distributions, including regular dividends but excluding distributions of the insurer’s own securities, paid within the period of 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.        Surplus as regards policyholders, total capital and surplus, as of the 31st day of December next preced- ing;

c.         If the insurer is a life insurer, the net gain from oper- ations for the 12-month period ending the 31st day of December next preceding;

d.        If the insurer is not a life insurer, the net investment income, net realized capital gains for the 12-month period ending the 31st day of December next pre- ceding and the two preceding 12-months periods; and

e.         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 calen- dar years.

5.        A balance sheet and statement of income for the period intervening from the last annual statement filed with the Director 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 insurer’s surplus and the reasonableness of sur- plus in relation to the insurer’s outstanding liabilities and the adequacy of surplus relative to the insurer’s financial needs.

B.       Subject to A.R.S. § 20-481.19, each registered insurer shall report to the Director all dividends and other distributions to shareholders within 5 business days following the declaration thereof and at least 10 business days before payment of the dividend or distribution, including the same information required by subsection (A)(4)(a) through (e) of this rule.

Historical Note

New Section made by exempt rulemaking at 21 A.A.R.

54, effective February 14, 2015 (Supp. 14-4).