1.  A domestic stock insurer shall not pay any cash dividend to stockholders except out of that part of its available and accumulated surplus money otherwise unrestricted and derived from realized net operating profits and realized and unrealized capital gains.

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2.  A stock dividend may be paid out of any available surplus. Upon payment of such a dividend the insurer shall transfer to its paid-in capital stock accounts money equal to the aggregate of the par values of the shares so distributed.

3.  A domestic stock insurer may declare and distribute a dividend otherwise prohibited by this section if:

(a) Following the payment of the dividend, the insurer’s surplus as regards policyholders is reasonable in relation to its outstanding liabilities and adequate to its financial needs, as determined pursuant to NRS 692C.370; and

(b) The Commissioner approves the dividend before its payment.