This rule was filed as 13 NMAC 3.2.

 

TITLE 13               INSURANCE

CHAPTER 3         INSURANCE SECURITIES

PART 2                 INITIAL STATEMENT OF BENEFICIAL OWNERSHIP OF SECURITIES

 

13.3.2.1                 ISSUING AGENCY:  New Mexico State Corporation Commission [Public Regulation Commission], Department of Insurance, Post Office Box 1269, Santa Fe, NM 87504-1269.

[7/1/97; Recompiled 11/30/01]

 

13.3.2.2                 SCOPE:  This rule applies to every person who is directly or indirectly the beneficial owner of more than 10 percent of any class of any equity security of a domestic stock insurance company, or who is a director or an officer of such a company.

[7/1/97; Recompiled 11/30/01]

 

13.3.2.3                 STATUTORY AUTHORITY:  Sections 59A-2-9 and 59A-36-2 NMSA 1978.

[7/1/97; Recompiled 11/30/01]

 

13.3.2.4                 DURATION:  Permanent.

[7/1/97; Recompiled 11/30/01]

 

13.3.2.5                 EFFECTIVE DATE:  July 1, 1997, unless a later date is cited at the end of a section or paragraph.

[7/1/97; Recompiled 11/30/01]

[Compiler’s note:  The words or paragraph, above, are no longer applicable.  Later dates are now cited only at the end of sections, in the history notes appearing in brackets.]

 

13.3.2.6                 OBJECTIVE:  The purpose of this rule is to specify the requirements for filing an initial statement of beneficial ownership of securities.

[7/1/97; Recompiled 11/30/01]

 

13.3.2.7                 DEFINITIONS:  [RESERVED]

 

13.3.2.8                 WHEN STATEMENTS ARE TO BE FILED:

                A.            Persons who hold any of the relationships specified in 13 nmac 3.2.2 [now 13.3.2.2 NMAC].are required to file a statement on the form prescribed in this rule by March 1, 1966, or within 10 days after assuming such relationship, whichever date is later.

                B.            Statements are not deemed to have been filed with the superintendent of insurance until they have actually been received by the superintendent.

[7/1/97; Recompiled 11/30/01]

 

13.3.2.9                 WHERE STATEMENTS ARE TO BE FILED:  One signed copy of each statement shall be filed with the superintendent of insurance, Santa Fe, New Mexico.

[7/1/97; Recompiled 11/30/01]

 

13.3.2.10               SEPARATE STATEMENT FOR EACH COMPANY:  A separate statement shall be filed with respect to the securities of each company.

[7/1/97; Recompiled 11/30/01]

 

13.3.2.11               RELATIONSHIP OF REPORTING PERSON TO COMPANY:  Indicate clearly the relationship of the reporting person to the company; for example, “director”, “director and vice president”, “beneficial owner of more than 10 percent of the company’s common stock”, etc.

[7/1/97; Recompiled 11/30/01]

 

13.3.2.12               DATE AS OF WHICH BENEFICIAL OWNERSHIPIS TO BE GIVEN:  The information as to beneficial ownership of securities shall be given as of March 1, 1966, or, in the case of persons who subsequently assume any of the relationships specified in 13 nmac 3.2.2 [now 13.3.2.2 NMAC], as of the date that relationship was assumed.

[7/1/97; Recompiled 11/30/01]

 

13.3.2.13               TITLE OF SECURITY:  The statement of the title of a security shall be such as clearly to identify the security even though there may be only one class; for example, “class A common stock”, “$6 convertible preferred stock”, “5% debentures due 1965”, etc.

[7/1/97; Recompiled 11/30/01]

 

13.3.2.14               NATURE OF OWNERSHIP:  Under “nature of ownership”, state whether ownership of the securities is “direct” or “indirect”. If the ownership is indirect, i.e., through a partnership, corporation, trust or other entity, indicate, in a footnote or other appropriate manner, the name or identity of the medium through which the securities are indirectly owned. The fact that securities are held in the name of a broker or other nominee does not, of itself, constitute indirect ownership. Securities owned indirectly shall be reported on separate lines from those owned directly and also from those owned through a different type of indirect ownership.

[7/1/97; Recompiled 11/30/01]

 

13.3.2.15               STATEMENT OF AMOUNT OWNED:  In stating the amount of securities beneficially owned, give the face amount of debt securities or the number of shares or other units of other securities. In the case of securities owned indirectly, the entire amount of securities owned by the partnership, corporation, trust or other entity shall be stated. The person whose ownership is reported may, if he so desires, also indicate in a footnote, or other appropriate manner, the extent of his interest in the partnership, corporation, trust or other entity.

[7/1/97; Recompiled 11/30/01]

 

13.3.2.16               INCLUSION OF ADDITIONAL INFORMATION:  A statement may include any additional information or explanation deemed relevant by the person filing the statement.

[7/1/97; Recompiled 11/30/01]

 

13.3.2.17               SIGNATURE:  If the statement is filed for a corporation, partnership, trust, etc., the name of the organization shall appear over the signature of the officer or other person authorized to sign the statement. If the statement is filed for an individual, it shall be signed by him or specifically on his behalf by a person authorized to sign for him.

[7/1/97; Recompiled 11/30/01]

 

13.3.2.18               FORM ISBOS (1966 EDITION):

 

INITIAL STATEMENT OF BENEFICIAL OWNERSHIP OF SECURITIES

 

(To be filed with the department of insurance pursuant to Section 59A-36-2 NMSA 1978.)

 

________________________________________

(Name of insurance company)

 

________________________________________

(Name of person whose ownership is reported)

 

________________________________________

(Business address of such person) (street) (city) (state) (zip code)

 

______________________________________

Relationship of such person to company named above. (See 13 NMAC 3.2.11) [now 13.3.2.11 NMAC]

 

________________________________________

Date of event which requires the filing of this statement. (See 13 NMAC 3.2.12) [now 13.3.2.12 NMAC]

 

SECURITIES BENEFICIALLY OWNED

 

TITLE OF SECURITY

(See 13 nmac 3.2.13

[now 13.3.2.13 NMAC]

NATURE OF OWNERSHIP

(See 13 nmac 3.2.14)

[now 13.3.2.14 NMAC]

AMOUNT OWNED BENEFICIALLY

(See 13 NMAC 3.2.15)

[now 13.3.2.15 NMAC]

 

 

 

 

REMARKS: (see 13 NMAC 3.2.16) [now 13.3.2.16 NMAC]

 

Date of statement: ________________________________________

 

I affirm under penalty or perjury that the foregoing is full, true and correct.

 

________________________________________

Signature

 

 

_______________________________________

(Signature guaranteed)

 

[7/1/97; Recompiled 11/30/01]

 

HISTORY OF 13.3.2 NMAC:

Pre-NMAC History:  The material in this rule was originally filed with the State Records Center as:

ID 67-1, Sections 4-2-1 through 4-2-12, New Mexico Official Administrative Rules and Regulations Code, on 12/1/67.

 

History of Repealed Material:  [RESERVED]