"Members' Surplus Protection Principle"

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Sec. 2. (a) The requirements of this section constitute the "members' surplus protection principle" for purposes of this article.

(b) The MIHC must at all times have the voting power and economic interests required by IC 27-14-5-1.

(c) The aggregate value of the members' interests in an MIHC shall be protected from dilution as a result of sales of stock of a reorganized insurer or stock holding company to persons other than the MIHC through compliance with the requirements of IC 27-14-5-6, IC 27-14-5-7, IC 27-14-5-8, and IC 27-14-6-5.

(d) Dividends paid on participating policies shall be protected as provided by IC 27-14-3-11.

(e) An MIHC, stock holding company, and reorganized insurer must have outside directors as required by IC 27-14-3-5.

(f) The officers and directors of the MIHC and any subsidiary of the MIHC are subject to the restrictions on stock ownership set forth in IC 27-14-5-2, IC 27-14-5-3, and IC 27-14-5-9.

(g) Dividends paid on the equity securities of a stock holding company or reorganized insurer may be paid only in accordance with IC 27-14-3-11.

(h) Compensation payable to directors and executive officers of an MIHC, stock holding company, or reorganized insurer may be paid only in accordance with IC 27-14-3-12.

(i) Operations outside the ordinary course of the insurance business may be conducted only as provided in IC 27-14-3-13.

As added by P.L.5-2000, SEC.4.


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