33-2-1106. Exemptions -- violations -- jurisdiction. (1) The provisions of 33-2-1104, 33-2-1105, and this section do not apply to an offer, request, invitation, agreement, or acquisition which the commissioner by order shall exempt therefrom as:
     (a) not having been made or entered into for the purpose and not having the effect of changing or influencing the control of a domestic insurer; or
     (b) otherwise not comprehended within the purposes of 33-2-1104 and 33-2-1105.
     (2) The following are violations of 33-2-1104, 33-2-1105, and this section:
     (a) the failure to file any statement, amendment, or other material required to be filed pursuant to subsections (1) through (4) of 33-2-1104;
     (b) the effectuation or any attempt to effectuate an acquisition of control of or merger with a domestic insurer unless the commissioner has given his approval thereto.
     (3) The courts of this state are hereby vested with jurisdiction over every person not resident, domiciled, or authorized to do business in this state who files a statement with the commissioner under 33-2-1104 and over all actions involving the person arising out of violations of 33-2-1104, 33-2-1105, and this section, and each such person is considered to have performed acts equivalent to and constituting an appointment by such a person of the commissioner to be his true and lawful attorney upon whom may be served all lawful process in any action, suit, or proceeding arising out of violations of this section. Copies of all such lawful process must be served on the commissioner and transmitted by certified mail by the commissioner to the person at his last-known address.

     History: En. Sec. 3, Ch. 64, L. 1971; R.C.M. 1947, 40-5511(f) thru (h); amd. Sec. 4, Ch. 620, L. 1989.