Nothing in this subsection (2) shall be determined to authorize or permit any transactions which, in the case of an insurer not a member of the same insurance holding company system, would be otherwise contrary to law.
In determining whether a dividend or distribution is extraordinary, an insurer other than a life insurer may carry forward net income from the previous two (2) calendar years that has not already been paid out as dividends. This carry-forward shall be computed by taking the net income from the second and third preceding calendar years, not including realized capital gains, less dividends paid in the second and immediate preceding calendar years. Notwithstanding any other provision of law, an insurer may declare an extraordinary dividend or distribution which is conditional upon the commissioner's approval, and the declaration shall confer no rights upon shareholders until the commissioner has approved the payment of the dividend or distribution, or the commissioner has not disapproved payment within the thirty-day period referred to above.
Structure Mississippi Code
Chapter 6 - Registration and Examination of Insurers
§ 83-6-9. Registration statement; report of material changes or additions on amendment forms
§ 83-6-13. Insurer may register on behalf of affiliated insurer, when
§ 83-6-17. Disclaimer of affiliation; effect of filing; disallowance
§ 83-6-19. Failure to file registration statement or amendment as violation
§ 83-6-22. Acquisitions involving insurers not otherwise covered
§ 83-6-23. Factors to be considered in determining reasonableness of insurer's surplus
§ 83-6-31. Rules, regulations and orders
§ 83-6-35. Willful violations; criminal proceedings; punishment
§ 83-6-37. When commissioner may take possession and conduct business of domestic insurer
§ 83-6-39. Suspension, revocation or refusal to renew license or certificate of authority
§ 83-6-43. Certain laws superseded; remedies to be construed as supplemental
§ 83-6-47. Group-wide supervision of internationally active insurance groups