§ 26.1-05-09 — Commissioner authorized to regulate solicitation of proxies

A person, in contravention of any rules the commissioner may adopt as necessary or
appropriate in the public interest or for the protection of investors, may not solicit or permit the
use of the person's name to solicit any proxy, consent, or authorization in respect of any equity
security of a domestic stock insurance company not listed on a national securities exchange
and registered as such with the federal securities and exchange commission. This section
applies to every domestic stock insurance company having one hundred or more stockholders
of record. However, this section does not apply to any insurance company if ninety-five percent
or more of its stock is owned or controlled by a parent or an affiliated insurance company and
the remaining shares are held by less than five hundred stockholders. A domestic stock
insurance company which files with the federal securities and exchange commission forms of
proxies, consents, and authorizations which comply with the requirements of the Securities and
Exchange Act of 1934, as amended, is exempt from this section.