Sec. 548.106. NONAPPLICABILITY OF SUBCHAPTER. (a) This subchapter does not apply to an equity security of a domestic stock insurer if:
(1) the security is or is required to be registered under Section 12 of the federal Securities Exchange Act; or
(2) the insurer does not have any class of its equity securities held of record by 100 or more persons on the last business day of the year preceding the year in which the equity security would otherwise be subject to this subchapter.
(b) Sections 548.101-548.104 do not apply to a foreign or domestic arbitrage transaction unless the transaction is made in violation of a rule adopted by the commissioner to accomplish the purposes of this chapter.
(c) A provision of this subchapter that imposes liability does not apply to an act or omission made in good faith in conformity with a rule adopted by the commissioner. This subsection applies regardless of whether the rule is subsequently amended, rescinded, or determined by judicial or other authority to be invalid for any reason.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.
Structure Texas Statutes
Title 5 - Protection of Consumer Interests
Subtitle C - Deceptive, Unfair, and Prohibited Practices
Chapter 548 - Insurer Insider Trading and Proxy Regulation
Subchapter B. Required Acts; Prohibitions
Section 548.102. Statement of Beneficial Ownership of Equity Securities
Section 548.103. Recovery of Certain Profits
Section 548.104. Sale or Nondelivery of Certain Equity Securities Prohibited
Section 548.105. Certain Solicitations Prohibited; Disclosure by Insurer