(a) A domestic stock insurer shall not pay any cash dividend to stockholders except out of that part of its available and accumulated surplus funds which is derived from realized net operating profits on its business and realized capital gains.
(b) A cash dividend otherwise lawful may be payable out of the insurer's earned surplus even though its total surplus is then less than the aggregate of its past contributed or paid-in surplus.
(c) A stock dividend may be paid out of any available surplus funds.
(d) The insurance department or division of a corporation established under Chapter 7 of Title 5 shall only make distributions (other than for payment of expenses) to such corporation out of that part of its available and accumulated surplus funds which is derived from realized net operating profits on its business and realized capital gains.
Structure Delaware Code
Chapter 49. ORGANIZATION AND CORPORATE POWERS; PROCEDURES OF DOMESTIC STOCK AND MUTUAL INSURERS
§ 4902. “Stock,” “mutual” insurer, definitions.
§ 4903. General corporation statutes; applicability.
§ 4904. Insurance business exclusive.
§ 4905. Mutual insurers — Initial qualifications.
§ 4906. Mutual insurers — Permit; deposit.
§ 4907. Mutual insurers — Qualifying applications for insurance.
§ 4908. Mutual insurers — Trust deposit of qualifying premiums; issuance of policies.
§ 4909. Mutual insurers — Failure to qualify.
§ 4910. Mutual insurers — Additional kinds of insurance.
§ 4912. Bylaws of mutual insurer.
§ 4913. Minutes of corporate meetings of mutual insurers.
§ 4914. Contingent liability of mutual members.
§ 4915. Levy of contingent liability.
§ 4916. Enforcement of contingent liability.
§ 4917. Nonassessable policies, mutual insurers; revocation of authority.
§ 4918. Information to stockholders and proxy regulations.
§ 4919. Change of directors, officers; notice.
§ 4920. Prohibited pecuniary interest of officials.
§ 4921. Management and exclusive agency contracts.
§ 4922. Dividends to stockholders.
§ 4923. Participating policies.
§ 4924. Dividends to policyholders.
§ 4925. Solicitation of business; issuance of policies in other jurisdictions.
§ 4926. Payment of taxes; exoneration.
§ 4927. Impairment of capital or assets.
§ 4928. Mutualization of stock insurer.
§ 4929. Conversion to ordinary business corporation.
§ 4930. Merger, consolidation of stock insurers.
§ 4931. Affiliation of stock insurers.
§ 4932. Acquisition of controlling stock.
§ 4933. Converting mutual insurer.
§ 4934. Merger, consolidation — Allowable circumstances; “surviving insurer” defined.
§ 4936. Merger, consolidation of mutual insurers — Effectuation; disapproval by Commissioner.
§ 4937. Merger, consolidation of mutual insurers — Approval by members.
§ 4938. Merger, consolidation of mutual insurers — Impaired mutuals.
§ 4942. Merger, consolidation of mutual insurers — Effect of merger or consolidation.
§ 4943. Preservation of old charter in merger or consolidation.