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COMPILED CODE - Iowa Legislature - State of Iowa

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364<br />

§ 5463-al. INSURANCE DEPARTMENT. Tit. XVIII, C\}. 1.<br />

10 performance <strong>of</strong> the duties <strong>of</strong> his <strong>of</strong>fice ; and he may contract such exil<br />

penses as may be necessary in the performance <strong>of</strong> his <strong>of</strong>ficial duties,<br />

12 including all actual and necessary expenses incurred in attending<br />

13 meetings <strong>of</strong> the insurance commissioners and such other expense as<br />

14 shall be approved by the executive council ; but the total amount to be so<br />

15 expended for such contingent expenses shall not exceed the sum <strong>of</strong> one<br />

16 thousand dollars annually ; and there is hereby appropriated out <strong>of</strong> any<br />

17 funds in the state treasury not otherwise appropriated two thousand<br />

18 dollars annually or so much there<strong>of</strong> as may be necessary to meet the ex-<br />

19 penses thus incurred. All salaries <strong>of</strong> additional clerks and assistants<br />

20 herein provided for shall be paid in the same manner as are the salaries<br />

21 <strong>of</strong> other state <strong>of</strong>ficers out <strong>of</strong> the general revenues <strong>of</strong> the state and on<br />

22 the first day <strong>of</strong> each month all such salaries and other expenses as are<br />

23 indicated herein shall be paid by warrant drawn by the auditor <strong>of</strong><br />

24 state upon the treasurer <strong>of</strong> state.<br />

[S., '13, § 1683-r2 : 39 G. A., ch. 209, § 16.]<br />

SEC. 5463-al. Supervision over organization, sale <strong>of</strong> stock and<br />

system <strong>of</strong> bookkeeping—certificate <strong>of</strong> compliance—promotion<br />

expenses.<br />

1 The commissioner <strong>of</strong> insurance is hereby given supervision over<br />

2 the organization <strong>of</strong> domestic insurance corporations, and over all trans-<br />

3 actions leading up to the organization <strong>of</strong> such corporations, and also<br />

4 over the sale in the state <strong>of</strong> <strong>Iowa</strong>, <strong>of</strong> all stock, certificates or other evi-<br />

5 dences <strong>of</strong> interest, either by domestic or foreign insurance companies<br />

6 or organizations proposing to engage in any insurance business.<br />

7 Neither the stock in an insurance company nor the membershio in<br />

8 an insurance association in process <strong>of</strong> organization shall be sold or<br />

9 solicited until such company and association, and the promoters<br />

10 there<strong>of</strong>, shall have first complied with all <strong>of</strong> the statutory provisions<br />

11 regulating the organization <strong>of</strong> such companies and associations, and<br />

12 also have secured from the commissioner <strong>of</strong> insurance a certificate <strong>of</strong><br />

13 compliance indicating full compliance with the provisions <strong>of</strong> this<br />

14 section.<br />

15 Before the commissioner <strong>of</strong> insurance shall issue such certificate<br />

16 <strong>of</strong> compliance, he shall first be satisfied with the general plan <strong>of</strong> such<br />

17 organization and the character <strong>of</strong> the advertising to be used ; he shall<br />

18 also fix the time within * such organization shall be completed; he<br />

19 shall also prescribe the method <strong>of</strong> keeping books and accounts <strong>of</strong> such<br />

20 corporation and those <strong>of</strong> fiscal agents.<br />

21 The maximum promotion expense which may be incurred, which<br />

22 shall in no case exceed fifteen per cent <strong>of</strong> the subscription price <strong>of</strong> said<br />

23 stock providing that an additional two and one-half per cent <strong>of</strong> the<br />

24 subscription price <strong>of</strong> said stock may be used by the company for <strong>of</strong>fice<br />

25 expense but no portion <strong>of</strong> such amount shall be used in the payment <strong>of</strong><br />

26 salaries for <strong>of</strong>ficers and directors before the issuance by the commis-<br />

27 sioner <strong>of</strong> insurance <strong>of</strong> authority to transact an insurance business.<br />

28 The commissioner <strong>of</strong> insurance shall have power to regulate all<br />

29 other matters in connection with the organization <strong>of</strong> such domestic<br />

30 corporations, and the sale <strong>of</strong> stock or the issuing <strong>of</strong> certificates by all<br />

31 insurance corporations within the state <strong>of</strong> <strong>Iowa</strong>, to the end that fraud<br />

32 may be prevented in the organization <strong>of</strong> such companies and the sale <strong>of</strong><br />

33 their stocks and securities. The provisions <strong>of</strong> this and the two follow-

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