Okla. Stat. tit. 36, § 36-1642
This is the official text of Okla. Stat. tit. 36, § 36-1642, part of Oklahoma’s Stat. tit. 36, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 36,." Browse the sections below, each linked to its official government source.
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Injunctions - Voting of securities prohibited -
Official statutory text
Sequestration of voting securities.
A. Whenever it appears to the Commissioner that any insurer or
any director, officer, employee or agent thereof has committed or is
about to commit a violation of this act or of any rule, regulation
or order issued by the Commissioner hereunder, the Commissioner may
apply to the district court for the county in which the principal
office of the insurer is located or if the insurer has no office in
this state then to the district court for Oklahoma County for an
order enjoining the insurer or director, officer, employee or agent
thereof from violating or continuing to violate this act or any
rule, regulation or order, and for such other equitable relief as
the nature of the case and the interest of the insurer's
policyholders, creditors and shareholders or the public may require.
B. No security which is the subject of any agreement or
arrangement regarding acquisition, or which is acquired or to be
acquired, in contravention of the provisions of this act or of any
rule, regulation or order issued by the Commissioner hereunder may
be voted at any shareholder's meeting, or may be counted for quorum
purposes, and any action of shareholders requiring the affirmative
vote of a percentage of shares may be taken as though the securities
were not issued and outstanding; but no action taken at any such
meeting shall be invalidated by the voting of the securities, unless
the action would materially affect control of the insurer or unless
the courts of this state have so ordered. If an insurer or the
Commissioner has reason to believe that any security of the insurer
has been or is about to be acquired in contravention of the
provisions of this act or of any rule, regulation or order issued by
the Commissioner hereunder, the insurer or the Commissioner may
apply to the district court for the county in which the insurer has
its principle place of business to enjoin any offer, request,
invitation, agreement or acquisition made in contravention of
Section 3 of this act or any rule, regulation or order issued by the
Commissioner thereunder to enjoin the voting of any security so
acquired, to void any vote of the security already cast at any
meeting of shareholders and for such other equitable relief as the
nature of the case and the interest of the insurer's policyholders,
creditor and shareholders or the public may require.
C. In any case where a person has acquired or is proposing to
acquire any voting securities in violation of this act or any rule,
regulation or order issued by the Commissioner hereunder, the
Oklahoma Statutes - Title 36. Insurance Page 489
district court for Oklahoma County or the district court for the
county in which the insurer has its principal place of business may,
on such notice as the court deems appropriate, upon the application
of the insurer or the Commissioner, seize or sequester any voting
securities of the insurer owned directly or indirectly by the
person, and issue such order as may be appropriate to effectuate the
provisions of this act. For the purposes of this act the situs of
the ownership of the securities of domestic insurers shall be deemed
to be in this state.
A. Whenever it appears to the Commissioner that any insurer or
any director, officer, employee or agent thereof has committed or is
about to commit a violation of this act or of any rule, regulation
or order issued by the Commissioner hereunder, the Commissioner may
apply to the district court for the county in which the principal
office of the insurer is located or if the insurer has no office in
this state then to the district court for Oklahoma County for an
order enjoining the insurer or director, officer, employee or agent
thereof from violating or continuing to violate this act or any
rule, regulation or order, and for such other equitable relief as
the nature of the case and the interest of the insurer's
policyholders, creditors and shareholders or the public may require.
B. No security which is the subject of any agreement or
arrangement regarding acquisition, or which is acquired or to be
acquired, in contravention of the provisions of this act or of any
rule, regulation or order issued by the Commissioner hereunder may
be voted at any shareholder's meeting, or may be counted for quorum
purposes, and any action of shareholders requiring the affirmative
vote of a percentage of shares may be taken as though the securities
were not issued and outstanding; but no action taken at any such
meeting shall be invalidated by the voting of the securities, unless
the action would materially affect control of the insurer or unless
the courts of this state have so ordered. If an insurer or the
Commissioner has reason to believe that any security of the insurer
has been or is about to be acquired in contravention of the
provisions of this act or of any rule, regulation or order issued by
the Commissioner hereunder, the insurer or the Commissioner may
apply to the district court for the county in which the insurer has
its principle place of business to enjoin any offer, request,
invitation, agreement or acquisition made in contravention of
Section 3 of this act or any rule, regulation or order issued by the
Commissioner thereunder to enjoin the voting of any security so
acquired, to void any vote of the security already cast at any
meeting of shareholders and for such other equitable relief as the
nature of the case and the interest of the insurer's policyholders,
creditor and shareholders or the public may require.
C. In any case where a person has acquired or is proposing to
acquire any voting securities in violation of this act or any rule,
regulation or order issued by the Commissioner hereunder, the
Oklahoma Statutes - Title 36. Insurance Page 489
district court for Oklahoma County or the district court for the
county in which the insurer has its principal place of business may,
on such notice as the court deems appropriate, upon the application
of the insurer or the Commissioner, seize or sequester any voting
securities of the insurer owned directly or indirectly by the
person, and issue such order as may be appropriate to effectuate the
provisions of this act. For the purposes of this act the situs of
the ownership of the securities of domestic insurers shall be deemed
to be in this state.
Status: in_force · Read it on the official government site
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