210 Neb. Admin. Code, ch. 9, § 005 - Definitions

005.01 The definitions and instructions set out in Schedule SIS, as promulgated by the National Association of Insurance Commissioners, shall be applicable for purposes of this regulation.

005.02 The terms "solicit" and "solicitation" for purposes of this regulation shall include:

005.02A Any request for a proxy, whether or not accompanied by or included in a form of proxy; or

005.02B Any request to execute or not to execute, or to revoke, a proxy; or

005.02C The furnishing of a proxy or other communication to shareholders under circumstances reasonably calculated to result in the procurement, withholding or revocation of a proxy.

005.03 The terms "solicit" and "solicitation" shall not include:

005.03A Any solicitation by a person in respect of stock of which he is the beneficial owner;

005.03B Action by a broker or other person in respect to stock carried in his name or in the name of his nominee in forwarding to the beneficial owner of such stock soliciting material received from the company, or impartially instructing such beneficial owner to forward a proxy to the person, if any, to whom the beneficial owner desires to give a proxy, or impartially requesting instructions from the beneficial owner with respect to the authority to be conferred by the proxy and stating that a proxy will be given if the instructions are received by a certain date;

005.03C The furnishing of a form of proxy to a shareholder upon the unsolicited request of such shareholder, or the performance by any person of ministerial acts on behalf of a person soliciting a proxy.

Notes

210 Neb. Admin. Code, ch. 9, § 005