§ 23-72-119 - Merger or bulk reinsurance or conversion.
               	 		
23-72-119.    Merger or bulk reinsurance or conversion.
    (a)    (1)  Any  mutual assessment domestic insurer may merge or reinsure its  outstanding policies in bulk with any domestic stipulated premium  insurer operating under    23-71-101 et seq. and, upon filing with the  Insurance Commissioner, an agreement setting out the conditions of the  proposed merger or bulk reinsurance, and certifying that the agreement  has been approved by the boards of directors of the respective merging  insurers, together with a financial statement of each such insurer.
      (2)  The merger shall be subject to the commissioner's approval, in accordance with the same standards as are stated in    23-69-143.
      (3)  Upon  approval, the membership or policyholders of the merged insurers are  bound in all respects by the merger agreement as approved by the  commissioner.
(b)  The domestic  insurer may consolidate, merge, or bulk reinsure with any solvent legal  reserve life insurer by proper resolution of its board of directors and  pursuant to the commissioner's approval and applicable procedure  provided by      23-69-143 -- 23-69-145, except that approval of the plans  or agreement of merger or bulk reinsurance by members of any insurer  involved may be dispensed with if the plan or agreement is otherwise  approved by the commissioner.
(c)  A  domestic insurer may convert into a legal reserve stock insurer under  the procedures and conditions provided by    23-69-141, but the insurer  shall be subject to minimum capital stock and maximum risk requirement  as provided in    23-71-116 for stipulated premium plan insurers and to  subdivisions (d)(3), (4), and (6) of this section.
(d)  A  domestic insurer may convert to a legal reserve mutual insurer under a  plan filed with and approved by the commissioner as being reasonable,  appropriate, and not injurious to the protection or interests of present  or future policyholders of the insurer, subject to the following  conditions:
      (1)  The insurer's  articles of incorporation shall be amended to provide for transaction of  business on the mutual legal reserve basis;
      (2)  When  first so converted, the insurer shall have surplus funds of not less  than fifty thousand dollars ($50,000). At the end of the fifth calendar  year next succeeding the calendar year in which the insurer was so  converted, its surplus shall be not less than seventy-five thousand  dollars ($75,000). At the end of the tenth and subsequent calendar  years, its surplus shall be not less than one hundred thousand dollars  ($100,000);
      (3)  The insurer shall  write no new business on the assessment plan or reinstate any such  business theretofore lapsed following the date of conversion;
      (4)  Assessment  plan business in force on the date of conversion may continue in force  on the same plan. However, the insurer shall maintain separate accounts  of its assessment plan business and its legal reserve business;
      (5)  The  maximum single risk retained by the insurer after conversion shall not  exceed five percent (5%) of the insurer's surplus, until the surplus  totals to one hundred thousand dollars ($100,000) or more; and
      (6)  After  conversion the insurer shall otherwise have the same powers and  obligations as like legal reserve insurers under the Arkansas Insurance  Code.