(215 ILCS 5/35B-30)
Certificate of division.
(a) After a plan of division has been adopted and approved, an officer or duly authorized representative of the dividing company shall sign a certificate of division.
(b) The certificate of division shall set forth:
(1) the name of the dividing company;
(2) a statement disclosing whether the dividing
company will survive the division;
(3) the name of each new company that will be created
(4) the kinds of insurance business enumerated in
Section 4 that the new company will be authorized to conduct;
(5) the date that the division is to be effective,
which shall not be more than 90 days after the dividing company has filed the certificate of division with the recorder, with a concurrent copy to the Director;
(6) a statement that the division was approved by the
Director in accordance with Section 35B-25;
(6) a statement that the dividing company provided,
no later than 10 business days after the dividing company filed the plan of division with the Director, reasonable notice to each reinsurer that is party to a reinsurance contract that is applicable to the policies included in the plan of division;
(7) if the dividing company will survive the
division, an amendment to its articles of incorporation or bylaws approved as part of the plan of division;
(8) for each new company created by the division, its
articles of incorporation and bylaws, provided that the articles of incorporation and bylaws need not state the name or address of an incorporator; and
(9) a reasonable description of the capital, surplus,
other assets and liabilities, including policy liabilities, of the dividing company that are to be allocated to each resulting company.
(c) The articles of incorporation and bylaws of each new company must satisfy the requirements of the laws of this State, provided that the documents need not be signed or include a provision that need not be included in a restatement of the document.
(d) A certificate of division is effective when filed with the recorder, with a concurrent copy to the Director, as provided in this Section or on another date specified in the plan of division, whichever is later, provided that a certificate of division shall become effective not more than 90 days after it is filed with the recorder. A division is effective when the relevant certificate of division is effective.
(Source: P.A. 100-1118, eff. 11-27-18.)