Sec. 5283.
For the purpose of preventing the unfair use of information which may have been obtained by the beneficial owner, director or officer by reason of his relationship to the company, any profit realized by him from any transfer of any equity security of the company within any period of less than 6 months, unless the security was acquired in good faith in connection with a debt previously contracted, shall inure to and be recoverable by the company, irrespective of any intention on the part of the beneficial owner, director or officer in entering into the transaction, of holding the security purchased, or of not repurchasing the security sold, for a period exceeding 6 months. Action to recover the profit may be instituted in any court of competent jurisdiction by the company, or by the owner of any security of the company in the name and in behalf of the company if the company fails or refuses to bring the action within 60 days after request or fails diligently to prosecute the action. No action shall be brought more than 2 years after the date the profit was realized. This section shall not be construed to cover any transaction where the beneficial owner was not such at the time the transaction dealing with the security involved, or any transaction which the commissioner by rules and regulations may exempt as not comprehended within the purpose of this section.
History: Add. 1965, Act 377, Eff. Mar. 31, 1966 Popular Name: Act 218
Structure Michigan Compiled Laws
Chapter 500 - Insurance Code of 1956
Act 218 of 1956 - The Insurance Code of 1956 (500.100 - 500.8302)
Section 500.5200 - Applicability of Chapter.
Section 500.5202 - Life, Accident or Sickness Insurers; Reorganization Under Code.
Section 500.5204 - Companies Deemed Bodies Corporate and Politic; Corporation Law Applicable.
Section 500.5205 - Proof of Corporate Existence and Authority to Insure.
Section 500.5206 - Corporate Powers; Enumeration; Exercise by Board of Directors.
Section 500.5209 - Insurer's Name; Restrictions.
Section 500.5210 - Dealing in Commodities Prohibited; Exception.
Section 500.5214 - Articles of Incorporation; Amendment.
Section 500.5220 - Blank Forms for Amending Articles.
Section 500.5222 - Corporate Life; Extension.
Section 500.5224 - Corporate Life; Expiration, Liquidation.
Section 500.5228 - Bylaws; Adoption; Filing.
Section 500.5230 - Special Meetings of Stockholders or Members; Notice of Meetings.
Section 500.5232 - Voting Rights; Stockholders, Members, Proxies, Fiduciaries, Pledgees.
Section 500.5234 - Stockholders and Members; Voting Rights, Quorum.
Section 500.5236 - Voting Rights; Inspectors of Election.
Section 500.5239 - Repealed. 1988, Act 290, Eff. Jan. 1, 1989.
Section 500.5241 - Indemnification Against Expenses of Action, Suit, or Proceeding Generally.
Section 500.5242d - “Corporation” Defined for Purposes of MCL 500.5241 to 500.5242c.
Section 500.5243 - Repealed. 1988, Act 290, Eff. Jan. 1, 1989.
Section 500.5244 - Liability for Payment Under Invalid Law or Ordinance.
Section 500.5246 - Officers and Agents; Appointment, Removal, Bond.
Section 500.5248 - Directors, Officers, and Employees of Domestic Insurer; Compensation.
Section 500.5258 - Acknowledgments.
Section 500.5260 - Stock Certificates; Substitutions.
Section 500.5264 - Expenditures, Vouchers, and Affidavits.
Section 500.5266 - Dividends to Stockholders; General Provision.
Section 500.5267 - Dividends to Stockholders; Domestic Fire Insurance Company.
Section 500.5270 - Insurer's Rights as Stockholder in Other Corporations.
Section 500.5274 - Domestic Fire Insurance Company; Assessment of Stockholders.
Section 500.5280 - Domestic Mutual Insurer; Assets; Deficiency; Liability of Director.
Section 500.5282 - Domestic Stock Insurer; Statement of Beneficial Ownership of Equity Securities.
Section 500.5283c - Stock Purchase Plan; Limitations.
Section 500.5284 - Securities Not Owned; Sale; Failure to Deliver to Transferee; Exception.
Section 500.5285 - Nonapplication of Sections to Certain Transactions.
Section 500.5286 - Foreign or Domestic Arbitrage Transactions; Exemptions.
Section 500.5287 - Equity Security; Definition.
Section 500.5288 - Registered Equity Securities; Exemptions; Conditions.
Section 500.5289 - Insurance Commissioner; Regulatory Powers; Effect of Good Faith.
Section 500.5290 - Unlawful Solicitation; Use of Name to Solicit Proxies or Consents.