Sec. 38a-156u. Plan of division. Approval by commissioner. Notice and hearing. Certificate of approval.
471 words·~2 min read·
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(a)A division shall not become effective until it is approved by the commissioner after reasonable notice and a public hearing, if such notice and hearing are deemed by the commissioner to be in the public interest. Except as set forth in this section, any hearing conducted under this section shall be conducted in accordance with chapter 54.
(1)The commissioner shall approve a plan of division unless the commissioner finds that:
(A)The interest of any policyholder or interest holder will not be adequately protected; or
(B)the proposed division constitutes a fraudulent transfer under sections 52-552a to 52-552 l , inclusive.
(2)With respect to the dividing insurer, the commissioner shall:
(A)Apply sections 52-552a to 52-552 l , inclusive, to the dividing insurer only in its capacity as a resulting insurer if the dividing insurer will survive the proposed division; and
(B)not apply sections 52-552a to 52-552 l , inclusive, to the dividing insurer if the dividing insurer will not survive the proposed division.
(3)With respect to each resulting insurer, the commissioner shall, in applying sections 52-552a to 52-552 l , inclusive, treat:
(A)The resulting insurer as a debtor;
(B)liabilities allocated to the resulting insurer as obligations incurred by a debtor;
(C)the resulting insurer as not having received a reasonably equivalent value in exchange for incurring such obligations; and
(D)property allocated to the resulting insurer as remaining property.
(c)Except for a plan of division and any materials incorporated by reference into or otherwise made a part of such plan, all information, documents, materials and copies thereof submitted to, obtained by or disclosed to the commissioner in connection with proceedings under this section shall be confidential and shall not be available for public inspection.
(d)All expenses incurred by the commissioner in connection with proceedings under this section, including expenses for the services of any attorneys, actuaries, accountants and other experts not otherwise a part of the commissioner's staff as may be reasonably necessary to assist the commissioner in reviewing the proposed division, shall be paid by the dividing insurer filing the plan of division. A dividing insurer may allocate expenses described in this subsection in a plan of division in the same manner as any other liability.
(e)If the commissioner approves a plan of division, the commissioner shall issue a certificate of approval to the dividing insurer on a form prescribed by the commissioner.
(f)The commissioner shall not approve a plan of division unless the commissioner issues to each new insurer that will be created by the proposed division a license to transact insurance business in this state pursuant to section 38a-41 . The commissioner may waive application of this subsection to a new insurer that will not survive a merger under subsection
(d)of section 38a-153 .