# K.S.A. § 40-3310: 40-3310 - Enjoining violations; illegally acquired securities; effect on shareholder voting; injunctions; seizure or sequestration of illegally acquired securities; situs of ownership of domestic insurer's securities

> Kansas · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_KS_C40_A33_S40-3310

## Section

- **Citation:** K.S.A. § 40-3310
- **Heading:** 40-3310 - Enjoining violations; illegally acquired securities; effect on shareholder voting; injunctions; seizure or sequestration of illegally acquired securities; situs of ownership of domestic insurer's securities
- **Jurisdiction:** Kansas
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** KS Code / Chapter 40 / Article 33 / Section 40-3310

## Text

40-3310. Enjoining violations; illegally acquired securities; effect on shareholder voting; injunctions; seizure or sequestration of illegally acquired securities; situs of ownership of domestic insurer's securities. (a) Whenever it appears to the commissioner of insurance that any insurer or any director, officer, employee or agent thereof has committed or is about to commit a violation of this act or of any rule, regulation, or order issued by the commissioner of insurance hereunder, the commissioner of insurance may apply to the district court in and for the county in which the principal office of the insurer is located or if such insurer has no such office in this state then to the district court of Shawnee county for an order enjoining such insurer or such director, officer, employee or agent thereof from violating or continuing to violate this act or any such rule, regulation or order, and for such other equitable relief as the nature of the case and the interests of the insurer's policyholders, creditors and shareholders or the public may require.

(b) No security which is the subject of any agreement or arrangement regarding acquisition, or which is acquired or to be acquired, in contravention of the provisions of this act or of any rules and regulations or order issued by the commissioner of insurance hereunder may be voted at any shareholders' meeting, or may be counted for quorum purposes, and any action of shareholders requiring the affirmative vote of a percentage of shares may be taken as though such securities were not issued and outstanding. However, no action taken at any such meeting shall be invalidated by the voting of such securities, unless the action would materially affect control of the insurer or unless the courts of this state have so ordered. If an insurer or the commissioner of insurance has reason to believe that any security of the insurer has been or is about to be acquired in contravention of the provisions of this act or of any rule, regulation or order issued by the commissioner of insurance hereunder the insurer or the commissioner of insurance may apply to the district court of Shawnee county or to the district court for the county in which the insurer has its principal place of business to enjoin any offer, request, invitation, agreement or acquisition made in contravention of K.S.A. 40-3304, and amendments thereto, or any rules and regulations, or order issued by the commissioner of insurance thereunder to enjoin the voting of any security so acquired, to void any vote of such security already cast at any meeting of shareholders, and for such other equitable relief as the nature of the case and the interests of the insurer's policyholders, creditors and shareholders or the public may require.

(c) In any case where a person has acquired or is proposing to acquire any voting securities in violation of this act or any rule, regulation or order issued by the commissioner of insurance hereunder, the district court of Shawnee county or the district court for the county in which the insurer has its principal place of business may, on such notice as the court deems appropriate, upon the application of the insurer or the commissioner of insurance seize or sequester any voting securities of the insurer owned directly or indirectly by such person, and issue such orders with respect thereto as may be appropriate to effectuate the provisions of this act. Notwithstanding any other provisions of law, for the purposes of this act the situs of the ownership of the securities of domestic insurers shall be deemed to be in this state.

## Nearby sections

- [K.S.A. § 40-3301 40-3301 - Declaration of public interest and policy.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C40_A33_S40-3301.md)
- [K.S.A. § 40-3302 40-3302 - Definitions.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C40_A33_S40-3302.md)
- [K.S.A. § 40-3303 40-3303 - Domestic insurer's acquisition of subsidiaries; authorized investments.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C40_A33_S40-3303.md)
- [K.S.A. § 40-3304 40-3304 - Transactions affecting control of domestic insurer; approval of commissioner; statement filed with commissioner, contents, authorization of commissioner to set and publish filing fee; substitution of securities registration statement; disapproval of transaction, hearing; consolidated hearing and opt-out; retainer of professionals and experts to assist review; exempt transactions; violations; jurisdiction of courts; service of process.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C40_A33_S40-3304.md)
- [K.S.A. § 40-3305 40-3305 - Insurers of an insurance holding company system subject to registration; annual groups capital calculation and NAIC liquidity stress test framework, when required.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C40_A33_S40-3305.md)
- [K.S.A. § 40-3306 40-3306 - Insurer deemed by commissioner to be in hazardous financial condition; deposit or bond required, when; amount of deposit; disposition of records, data and premiums held by affiliate of an insurer.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C40_A33_S40-3306.md)
- [K.S.A. § 40-3307 40-3307 - Examination of registered insurers; powers of commissioner; expert advisers; expenses, liability of insurers; subpoenas.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C40_A33_S40-3307.md)
- [K.S.A. § 40-3308 40-3308 - Confidentiality of information and documents disclosed to or filed with commissioner.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C40_A33_S40-3308.md)
- [K.S.A. § 40-3309 40-3309 - Rules, regulations and orders of commissioner; hearings.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C40_A33_S40-3309.md)
- [K.S.A. § 40-3310 40-3310 - Enjoining violations; illegally acquired securities; effect on shareholder voting; injunctions; seizure or sequestration of illegally acquired securities; situs of ownership of domestic insurer's securities.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C40_A33_S40-3310.md)
- [K.S.A. § 40-3311 40-3311 - Violations of act; penalties.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C40_A33_S40-3311.md)
- [K.S.A. § 40-3315 40-3315 - Liquidation or rehabilitation of insurer; what is recoverable by receiver.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C40_A33_S40-3315.md)
- [K.S.A. § 40-3316 40-3316 - Supervisory college; powers of commissioner.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C40_A33_S40-3316.md)
- [K.S.A. § 40-3317 40-3317 - Citation of act.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C40_A33_S40-3317.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_KS_C40_A33_S40-3310. Check the current official text before relying on it. Not legal advice.
