<?xml version='1.0' encoding='utf-8'?>
<section article="gin" article_name="Insurance" number="8-104" title_number="8" title_name="Entities That Act as Insurers" subtitle_number="1" subtitle_name="Broker Controlled Business">
  <level label="a">
    <level label="1">
      <text>Control is presumed to exist if a person directly or indirectly owns, directs the voting of, holds with the power to vote, or holds proxies representing 10% or more of the voting securities of another person.</text>
    </level>
    <level label="2">
      <text>However, control is not presumed to exist if proxies have been obtained by an official of the person solely in connection with voting at a meeting of the owners of the person.</text>
    </level>
  </level>
  <level label="b">
    <text>The presumption of control may be rebutted by showing by a preponderance of the evidence that control does not exist in fact.</text>
  </level>
  <level label="c">
    <level label="1">
      <text>Notwithstanding the presumption of control, the Commissioner, on application of an insurer, may find that a person presumed to control an insurer does not have control of the insurer.</text>
    </level>
    <level label="2">
      <text>In addition, the Commissioner, after notice and an opportunity to be heard, may find that a person not presumed to have control of an insurer does have control of the insurer.</text>
    </level>
  </level>
</section>
