Legislation
SECTION 7110
Fees; certification; prohibitions; penalty
Insurance (ISC) CHAPTER 28, ARTICLE 71
§ 7110. Fees; certification; prohibitions; penalty. (a) Whenever an
agreement of consolidation or merger or for the acquisition of assets,
or a plan for acquisition of minority interests in a subsidiary insurer
as provided in section seven thousand one hundred eighteen of this
article, shall be filed with the superintendent, there shall also be
filed with him a certificate executed by the president and attested by
the secretary, or by officers corresponding to either of them, under the
corporate seal of each of the constituent or contracting companies, or
of the parent corporation and subsidiary insurer, and subscribed by such
officers and affirmed by them as true under the penalties of perjury,
setting forth all fees, commissions or other compensations or valuable
considerations paid or to be paid, directly or indirectly, to any
person, firm or corporation, for in any manner securing, aiding,
promoting or assisting in any such consolidation, merger or acquisition
of assets or minority interests.
(b) No director, officer or member of any such company or of any
parent corporation or subsidiary insurer, except as fully expressed in
the agreement of consolidation or merger or for the acquisition of
assets or in the plan for acquisition of minority interests in a
subsidiary insurer, shall receive any fee, commission, other
compensation or valuable consideration, directly or indirectly, for in
any manner aiding, promoting or assisting in such consolidation, merger,
or acquisition of assets or minority interests.
(c) Any person violating the provisions of subsection (a) hereof or
knowingly making any false certificate or statement pursuant thereto,
shall be guilty of a felony.
agreement of consolidation or merger or for the acquisition of assets,
or a plan for acquisition of minority interests in a subsidiary insurer
as provided in section seven thousand one hundred eighteen of this
article, shall be filed with the superintendent, there shall also be
filed with him a certificate executed by the president and attested by
the secretary, or by officers corresponding to either of them, under the
corporate seal of each of the constituent or contracting companies, or
of the parent corporation and subsidiary insurer, and subscribed by such
officers and affirmed by them as true under the penalties of perjury,
setting forth all fees, commissions or other compensations or valuable
considerations paid or to be paid, directly or indirectly, to any
person, firm or corporation, for in any manner securing, aiding,
promoting or assisting in any such consolidation, merger or acquisition
of assets or minority interests.
(b) No director, officer or member of any such company or of any
parent corporation or subsidiary insurer, except as fully expressed in
the agreement of consolidation or merger or for the acquisition of
assets or in the plan for acquisition of minority interests in a
subsidiary insurer, shall receive any fee, commission, other
compensation or valuable consideration, directly or indirectly, for in
any manner aiding, promoting or assisting in such consolidation, merger,
or acquisition of assets or minority interests.
(c) Any person violating the provisions of subsection (a) hereof or
knowingly making any false certificate or statement pursuant thereto,
shall be guilty of a felony.