In determining whether to approve an acquisition of a nonprofit health service plan or a nonprofit health maintenance organization, the Administration shall consider:
(1) the criteria listed in § 6.5–301 of this subtitle; and
(2) whether the acquisition:
(i) is equitable to enrollees, insureds, shareholders, and certificate holders, if any, of the transferor;
(ii) is in compliance with Title 2, Subtitle 6 of the Corporations and Associations Article; and
(iii) ensures that the transferee will possess surplus in an amount sufficient to:
1. comply with the surplus required under law; and
2. provide for the security of the transferee’s certificate holders and policyholders.