A. No insurer subject to registration under Section 20-481.09 shall pay an extraordinary dividend or make any other extraordinary distribution to its shareholders until thirty days after the director has received notice of the declaration thereof and has not within such period disapproved such payment, or the director shall have approved such payment. Notice of the declaration shall be provided to the director no more than five business days after the declaration.

Terms Used In Arizona Laws 20-481.19

  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Insurer: means every person engaged in the business of making contracts of insurance except:

    (a) Agencies, authorities or instrumentalities of the United States, its possessions and territories, the Commonwealth of Puerto Rico, the District of Columbia or a state or political subdivision of a state. See Arizona Laws 20-481

  • Month: means a calendar month unless otherwise expressed. See Arizona Laws 1-215
  • Property: includes both real and personal property. See Arizona Laws 1-215

B. Notwithstanding any other law, an insurer may declare an extraordinary dividend or distribution that is conditional on the approval of the director, and such a declaration shall confer no rights on shareholders until the director has either approved the payment of such dividend or distribution or has not disapproved such payment within thirty days after the notice of such declaration has been received.

C. For the purposes of this section, "extraordinary dividend or distribution" includes any dividend or distribution of cash or other property whose fair market value together with that of other dividends or distributions made within the preceding twelve months exceeds the lesser of either ten per cent of such insurer’s surplus as regards policyholders as of December 31 next preceding, or the net gain from operations of such insurer, if such insurer is a life insurer, or the net income, if such insurer is not a life insurer, for the twelve month period ending December 31 next preceding, but shall not include pro rata distributions of any class of the insurer’s own securities.