1. A stock insurer other than a title insurer may become a mutual insurer under such plan and procedure as may be approved by the Commissioner after a hearing thereon.
2. The Commissioner shall not approve any such plan, procedure or mutualization unless:
(a) It is equitable to stockholders and policyholders;
(b) It is subject to approval by the holders of not less than two-thirds of the insurer’s outstanding capital stock having voting rights, and by not less than two-thirds of the insurer’s policyholders who vote on the plan in person, by proxy or by mail pursuant to such notice and procedure as may be approved by the Commissioner;
(c) If a life insurer, the right to vote thereon is limited to holders of policies other than term or group policies, whose policies have been in force for more than 1 year;
(d) Mutualization will result in retirement of shares of the insurer’s capital stock at a price not in excess of the fair market value thereof as determined under a fair and reasonable formula approved by the Commissioner or, if so ordered, by an examination of the insurer and all of its controlled affiliates or by an appraisal committee, consisting of at least three qualified persons, to be appointed by the Commissioner;
(e) The plan provides for the purchase of the shares of any nonconsenting stockholder in the same manner and subject to the same applicable conditions as provided by the general corporation law of the state as to rights of nonconsenting stockholders, with respect to consolidation or merger of private corporations;
(f) The plan provides for definite conditions to be fulfilled by a designated early date upon which such mutualization will become effective; and
(g) The mutualization leaves the insurer with a surplus reasonably adequate for the security of its policyholders and to enable it to continue successfully in business in the states in which it is then authorized to transact insurance, and for the kinds of insurance included in its certificates of authority in such states.
3. No director, officer, agent or employee of the insurer, or any other person, may receive any fee, commission or other valuable consideration whatsoever, other than his or her customary salary or other regular compensation, for in any manner aiding, promoting or assisting in the mutualization, except as set forth in the plan of mutualization as approved by the Commissioner.
4. This section does not apply to mutualization under an order of court pursuant to rehabilitation or reorganization of an insurer under chapter 696B of NRS.
(Added to NRS by 1971, 1809; A 2001, 2247)
Structure Nevada Revised Statutes
Chapter 693A - Corporate Powers and Procedures of Domestic Stock and Mutual Insurers
NRS 693A.020 - Applicability of statutes relating to corporations.
NRS 693A.030 - Domestic insurer prohibited from engaging in other business; exceptions.
NRS 693A.040 - Principal offices.
NRS 693A.050 - Books, records, documents, accounts and vouchers.
NRS 693A.060 - Assets to be kept in State; exception.
NRS 693A.070 - Removal or concealment of records or assets; penalty.
NRS 693A.110 - Management and agency contracts; regulations.
NRS 693A.120 - Prohibited pecuniary interest of officers; regulations.
NRS 693A.130 - Liability of officers and others for paying taxes, licenses and fees.
NRS 693A.140 - Dividends to stockholders.
NRS 693A.150 - Participating policies.
NRS 693A.160 - Dividends to policyholders.
NRS 693A.170 - Purchase of own shares by stock insurer.
NRS 693A.190 - Mutual insurers: Additional kinds of insurance.
NRS 693A.200 - Mutual insurers: Membership.
NRS 693A.210 - Mutual insurers: Bylaws.
NRS 693A.220 - Mutual insurers: Contingent liability of members.
NRS 693A.230 - Mutual insurers: Levy of contingent liability.
NRS 693A.240 - Mutual insurers: Enforcement of contingent liability.
NRS 693A.250 - Mutual insurers: Nonassessable policies; revocation of authority.
NRS 693A.260 - Impairment of capital, surplus or assets: Notice; time to cure; restrictions.
NRS 693A.270 - Impairment of capital, surplus or assets: Curing deficiency; failure to cure.
NRS 693A.290 - Mutualization of stock insurer.
NRS 693A.300 - Conversion to ordinary business corporation.
NRS 693A.310 - Affiliation of stock insurers.
NRS 693A.320 - Acquisition of controlling stock.
NRS 693A.330 - Merger or consolidation of stock insurers.
NRS 693A.340 - Preservation of original charter in merger or consolidation.
NRS 693A.350 - Merger or consolidation of mutual insurers.
NRS 693A.365 - Assumption of reinsurance: Limitations; application of provisions.
NRS 693A.370 - Bulk reinsurance: Limitation; approval by Commissioner and members.
NRS 693A.390 - Member’s share of assets on liquidation.
NRS 693A.405 - "Closed block" defined.
NRS 693A.410 - "Consideration" defined.
NRS 693A.415 - "Converting mutual" defined.
NRS 693A.420 - "Eligible member" defined.
NRS 693A.425 - "New stock insurer" defined.
NRS 693A.430 - "Policyholder" defined.
NRS 693A.435 - Procedure for conversion.
NRS 693A.440 - Resolution by board of directors; plan of conversion.
NRS 693A.445 - Application for conversion: Filing and contents; filing fee.
NRS 693A.450 - Public hearing on application.
NRS 693A.455 - Action by Commissioner on application.
NRS 693A.460 - Meeting and vote of policyholders; notice.
NRS 693A.465 - Abandonment of plan of conversion.
NRS 693A.480 - Confidentiality and publication of pertinent information and documents.
NRS 693A.485 - Continuation of corporate existence of converting mutual.
NRS 693A.490 - Purchase of stock by directors, officers, employees, agents or trustees.
NRS 693A.510 - Unlawful acquisition of securities: Seizure or sequestration of securities.
NRS 693A.525 - Unlawful acquisition of securities: Orders by Commissioner.
NRS 693A.530 - Regulations and orders of Commissioner.
NRS 693A.535 - Judicial review of final order of Commissioner.
NRS 693A.540 - Enforcement of provisions by Commissioner.
NRS 693A.555 - "Intermediate stock holding company" defined.
NRS 693A.560 - "Mutual insurance holding company" defined.
NRS 693A.565 - "Reorganized stock insurer" defined.
NRS 693A.570 - "Voting securities" defined.
NRS 693A.575 - Procedure for reorganization.
NRS 693A.580 - Proposed plan of reorganization: Filing and contents; filing fee.
NRS 693A.585 - Public hearing on proposed plan.
NRS 693A.590 - Action by Commissioner on proposed plan; notice and expiration of approval.
NRS 693A.595 - Meeting and vote of policyholders; notice.
NRS 693A.600 - Abandonment of plan of reorganization.
NRS 693A.605 - Issuance and effect of certificate of authority.
NRS 693A.615 - Confidentiality and publication of pertinent information and documents.
NRS 693A.620 - Continuation of corporate existence of mutual insurer.
NRS 693A.635 - Membership interest in mutual insurance holding company is not security.
NRS 693A.645 - Mutual insurance holding company: Annual filing requirements.
NRS 693A.655 - Regulations and orders of Commissioner.
NRS 693A.660 - Judicial review of final order of Commissioner.