Section 140. Exemption from subsection B of the Act of certain transactions in which securities are received by redeeming other securities

Any acquisition of an equity security (other than a convertible security or right to purchase a security) by a director or officer of the insurer issuing such security shall be exempt from the operation of subsection B of the Act (Section 38.2-214 of the Code of Virginia) upon condition that:

1. The equity security is acquired by way of redemption of another security of an insurer substantially all of whose assets other than cash (or government bonds) consist of securities of the insurer issuing the equity security so acquired, and which:

a. Represented substantially and in practical effect a stated or readily ascertainable amount of such equity security,

b. Had a value which was substantially determined by the value of such equity security, and

c. Conferred upon the holder of the right to receive such equity security without the payment of any consideration other than the security redeemed;

2. No security of the same class as the security redeemed was acquired by the director or officer within six months prior to such redemption or is acquired within six months after such redemption;

3. The insurer issuing the equity security acquired has recognized the applicability of subdivision 1 of this section by appropriate corporation action.

Historical Notes

Derived from Regulation 5, Case No. 18773, Rule 14, eff. April 1, 1970.

Statutory Authority

§ 38.2-214 of the Code of Virginia.