20-482.04. Plan review and approval; general provisions; hearing

A. The director shall review a plan of reorganization that is submitted to the director. On review, the director shall approve the plan if the director finds all of the following:

1. The applicable provisions of this article, and other applicable provisions of law, have been fully met.

2. The plan protects the rights of policyholders.

3. The plan is fair and equitable to the members and the plan does not prejudice the interests of the members.

4. The converted stock insurer has capital or surplus, or any combination thereof, that is required of a domestic stock insurer on initial authorization to transact like kinds of insurance, and otherwise is able to satisfy the requirements of this state for transacting its insurance business.

5. The plan does not substantially reduce the security of the policyholders and the service to be rendered to the policyholders.

6. The financial condition of the mutual holding company or any subsidiary of the mutual holding company does not jeopardize the financial stability of the converted stock insurer.

7. The financial condition of the converting mutual insurer is not jeopardized by the conversion or reorganization, and the conversion or reorganization does not jeopardize the financial stability of the mutual holding company or any subsidiary of the mutual holding company.

8. The competence, experience and integrity of those persons who control the operation of the converted stock insurer are not contrary to the interests of policyholders of the converted stock insurer and of the public in allowing the plan to proceed.

B. To the extent the plan contains a provision that allows for the acquisition or merger of other insurance companies, the director shall apply the standards for scrutinizing mergers and acquisitions provided in section 20-481.07, subsection A, paragraph 3. The director may not approve a plan that fails to meet these standards.

C. An approval of a plan by the director expires if the plan is not carried out within one year after the date of the approval, unless the director extends the time period for good cause on written application for such extension.

D. The director may retain, at the expense of the converting mutual insurer, qualified experts not otherwise a part of the staff of the department to assist in reviewing the plan and supplemental documents.

E. The director may hold a hearing as prescribed in section 20-161 for the purposes of receiving comments on whether a plan should be approved and on any other matter relating to the reorganization. The hearing, if held, shall be held within sixty days after the director receives a completed filing of the plan and all information required by the director.