521I.7 Approval of plan of division — articles of incorporation and bylaws.
1. A dividing insurer shall not file a plan of division with the commissioner until such plan of division has been approved in accordance with all provisions of the dividing insurer’s articles of incorporation and bylaws. If the dividing insurer’s articles of incorporation and bylaws do not provide for approval of a plan of division, the dividing insurer shall not file the plan of division with the commissioner unless such plan of division has been approved in accordance with all provisions of the dividing insurer’s articles of incorporation and bylaws that provide for approval of a merger.
2. If a provision of a dividing insurer’s articles of incorporation or bylaws adopted before July 1, 2019, requires that a specific number of or a percentage of the board of directors or shareholders propose or adopt a plan of merger or impose other procedures for the proposal or adoption of a plan of merger, the dividing insurer shall adhere to such provision in proposing or adopting a plan of division. If any such provision of the articles of incorporation or bylaws is amended on or after July 1, 2019, the amended provision shall apply to a division occurring after adoption of the amendment only in accordance with the express terms of the provision as amended.
2019 Acts, ch 20, §7; 2020 Acts, ch 1063, §295
Referred to in §521I.8
Structure Iowa Code
Chapter 521I - DIVISION OF DOMESTIC STOCK INSURERS
Section 521I.2 - Plan of division — general requirements.
Section 521I.3 - Plan of division — dividing insurer to survive division.
Section 521I.4 - Plan of division — dividing insurer not to survive division.
Section 521I.5 - Amending plan of division.
Section 521I.6 - Abandoning plan of division.
Section 521I.7 - Approval of plan of division — articles of incorporation and bylaws.
Section 521I.8 - Commissioner approval of plan of division.
Section 521I.9 - Confidentiality.
Section 521I.10 - Certificate of division.
Section 521I.11 - Division effective.
Section 521I.12 - Resulting insurers liability for allocated assets, debts, and liabilities.