As Amended
SEC. 49-20-13. Required information as to background and identity of persons acquiring ten percent of voting securities of river timberlands company.
(1) The information as to the background and identity of each person, which information is required to be furnished pursuant to Section 49-20-11 (a), shall include:
(a) If a natural person, the person's occupations, positions of employment and offices held during the past ten (10) years;
(b) The principal business, form of organization, business address and a list of affiliates of the person if not a natural person; and if a natural person, the principal business and address of any business, corporation or other organization in which the person held any office or in which any occupation or position of employment of such person was carried on in the past ten (10) years;
(c) Whether the person was, at any time during the past ten (10) years, convicted (including conviction on a guilty plea or plea of nolo contendere or the like as well as following a plea of not guilty or the like) of any crime (other than a traffic violation) in the United States or any state, territory, district or possession thereof or in any other country;
(d) Whether the person has been, during the past ten (10) years, the subject of any proceeding for the revocation of any license by any public authority wherever located and, if so, the nature of the proceeding and the disposition of the proceeding;
(e) Whether, during the past ten (10) years, the person has been the subject of any proceeding (voluntary or involuntary) under the Federal Bankruptcy Code, or under any law of the United States or any state for the liquidation or rehabilitation of depository institutions or insurance companies, or under any insolvency or bankruptcy law of any foreign country or political entity or subdivision thereof, or whether, during the past ten (10) years, any corporation, association, partnership, firm, trust or other business entity in which the person was a director, officer, trustee, partner or other official has been subject to any such proceeding, either during the time in which the person was a director, officer, trustee, partner or other official or within twelve (12) months thereafter;
(f) Whether, during the past ten (10) years, the person has been enjoined, either temporarily or permanently, by a court of competent jurisdiction from violating any federal, state or foreign law regulating the business of insurance, securities, banking or other regulated industry, or from carrying out any particular practice or practices in the course of the business of insurance, securities, banking, or other regulated industry, or any law for the regulation of forestry or otherwise regulating the environment, together with details as to any such event;
(g) Whether, during the past ten (10) years, the person has been found, by a court of competent jurisdiction, to have violated any provision of any federal, state or foreign law regulating corporations generally, or the business of insurance, securities, banking, or other regulated industry, or any law for the regulation of forestry or otherwise regulating the environment, together with details as to any such event; and
(h) Whether during the past ten (10) years, the person has made any tender offer or offer of exchange to acquire ten percent (10%) of the stock of any corporation incorporated under the laws of the United States, or any state thereof, and having a class of equity securities registered under Section 12 of the Securities Exchange Act of 1934, or has otherwise acquired (except from the issuer thereof) ten percent (10%) or more of the outstanding voting securities of such a company, together with details as to any such event, including, without limitation, a full description of the entire subsequent history of the investment of such person in such corporation.
(2) Any corporation, association, partnership, trust or other business entity filing the statement required by this chapter shall give all required information that is within the knowledge of or available to the directors, officers, partners, or trustees (or others performing functions similar to those of a director, officer, partner or trustee) of the corporation, association, partnership, trust or other business entity making the filing and of any person controlling either directly or indirectly such corporation, association, partnership, trust or other business entity. A copy of the statement and any amendments to the statement shall be sent by registered mail to the river timberlands company at its registered office within the state. If any material change occurs in the facts set forth in the statement filed with the Secretary of State and sent to such river timberlands company pursuant to this section, an amendment setting forth such changes shall be filed immediately with the Secretary of State and sent immediately by like means to such river timberlands company. If the person filing the statement required by this chapter or the river timberlands company is a public utility corporation subject to regulation by the Public Service Commission of the State of Mississippi, the Secretary of State shall forthwith, upon receipt of the statement or any amendment thereto required by this chapter, furnish a copy thereof to the regulatory body having jurisdiction over the person filing the statement or the river timberlands company. If the person filing the statement or the river timberlands company is a domestic insurance company subject to regulation by the Commissioner of Insurance of the State of Mississippi, the said commissioner shall, for all purposes of this chapter, be substituted for the Secretary of State. This section shall not be construed to limit or modify in any way any responsibility, authority, power or jurisdiction of the Secretary of State or the Commissioner of Insurance pursuant to any other section of the Mississippi Code of 1972.
SOURCES: Laws, 1991, ch. 326 Sec. 7, eff from and after passage (approved March 15, 1991).