27-35-2
Section 27-35-2 Conversion into stock or mutual life insurance company - Plan of conversion;
approval or disapproval thereof. (a) The proposed plan for the conversion of the society into
a stock or mutual life insurer shall be prepared in writing, setting forth in full the terms
and conditions thereof. After approval of the plan by the society's board of directors, the
society shall file the plan of conversion with the commissioner. (b) If, upon examination
thereof, the commissioner is of the opinion that the plan is complete, is in compliance with
the law, is fair and equitable to the certificate holders and interests of the society and
that no reasonable objection thereto exists, he shall approve the plan; if he finds otherwise,
the commissioner shall disapprove the plan. If not disapproved and written notice thereof
given the society within 30 days after the date of filing with the commissioner, the plan
shall be deemed to have been approved as of the expiration of such 30 days'...
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27-42-13
Section 27-42-13 Prevention of insolvencies; examinations of insurers; reports. (a) To aid
in the detection and prevention of insurer insolvencies, it shall be the duty of the board
of directors, upon majority vote, to notify the commissioner of any information indicating
any member insurer may be insolvent or in a financial condition hazardous to the policyholders
or the public. (b) The board of directors may, upon majority vote, request that the commissioner
order an examination of any member insurer which the board in good faith believes may be in
a financial condition hazardous to the policyholders or the public. Within 30 days of the
receipt of such request, the commissioner shall begin such examination. The examination may
be conducted as a National Association of Insurance Commissioners' examination or may be conducted
by such persons as the commissioner designates. The cost of such examination shall be paid
by the association and the examination report shall be treated as are...
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27-44-7
Section 27-44-7 Board of directors; selection of members; vacancies; organizational meeting;
reimbursement for expenses. (a) The board of directors of the association shall consist of
not less than five nor more than nine member insurers serving terms as established in the
plan of operation. At all times, at least one member of the board shall be a domestic insurer
as defined in Section 27-1-2(6). The members of the board shall be selected by member insurers
subject to the approval of the commissioner. Vacancies on the board shall be filled for the
remaining period of the term by a majority vote of the remaining board members, subject to
the approval of the commissioner. To select the initial board of directors, and initially
organize the association, the commissioner shall give notice to all member insurers of the
time and place of the organizational meeting. In determining voting rights at the organizational
meeting, each member insurer shall be entitled to one vote in person or by...
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27-27-40
Section 27-27-40 Loans by domestic insurers. (a) A domestic stock or mutual insurer may borrow
money to defray the expenses of its organization, provide it with surplus funds or for any
purpose of its business, upon a written agreement that such money is required to be repaid
only out of the insurer's surplus in excess of that stipulated in such agreement. The agreement
may provide for interest at a reasonable rate per annum, which interest shall, or shall not,
constitute a liability of the insurer as to its funds other than such excess of surplus, as
stipulated in the agreement. No commission or promotion expense shall be paid in connection
with any such loan. (b) Money so borrowed, together with the interest thereon if so stipulated
in the agreement, shall not form a part of the insurer's legal liabilities except as to its
surplus in excess of the amount thereof stipulated in the agreement or be the basis of any
setoff, but, until repaid, financial statements filed or published by...
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27-13-30
Section 27-13-30 Filing of rating systems with department by insurers - Examination and approval
or disapproval by commissioner. If, after examination thereof, the commissioner shall find
that such rating systems filed by, or on behalf of, an insurer provide for, result in or produce
rates that are unreasonably high or excessive, or are not adequate for the safeness and soundness
of the insurer or are unfairly discriminatory between risks in this state involving essentially
the same hazards, he shall issue an order to such insurer, or to the rating organization of
which such insurer is a member or subscriber, directing that such rating systems be altered
in the manner, and to the extent, stated in such order to produce rates that are reasonable
and adequate and not unfairly discriminatory. If the commissioner shall find that such rating
systems provide for, result in or produce rates that are not unreasonably high, are not inadequate
for the safeness and soundness of the insurer and...
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27-13-68
Section 27-13-68 Filing of rating plans with department by insurers - Examination and approval
or disapproval by commissioner. If, after examination thereof, the commissioner shall find
that such rating plans filed by, or on behalf of, an insurer provide for, result in or produce
rates that are unreasonably high or excessive, or are not adequate for the safeness and soundness
of the insurer or are unfairly discriminatory between risks in this state involving essentially
the same risks, he shall issue an order to such insurer, or to the rating organization of
which such insurer is a member or subscriber, directing that such rating plans be altered
in the manner, and to the extent, stated in such order to produce rates that are reasonable
and adequate and not unfairly discriminatory. If the commissioner shall find that such rating
plans provide for, result in or produce rates that are not unreasonably high, are not inadequate
for the safeness and soundness of the insurer and are not...
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27-27-17
Section 27-27-17 Domestic mutual insurers - Solicitation of qualifying applications for insurance.
(a) Upon receipt of the commissioner's approval of the bond or deposit as provided in Section
27-27-16 the directors and officers of the proposed domestic mutual insurer may commence solicitation
of such requisite applications for insurance policies as they may accept and may receive deposits
of premiums thereon. (b) All such applications shall be in writing signed by the applicant,
covering subjects of insurance resident, located or to be performed in this state. (c) All
such applications shall provide that: (1) Issuance of the policy is contingent upon the insurer
qualifying for and receiving a certificate of authority; (2) No insurance is in effect unless
and until the certificate of authority has been issued; and (3) The prepaid premium or deposit
and membership or policy fee, if any, shall be refunded in full to the applicant if organization
is not completed and the certificate of...
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27-44-11
Section 27-44-11 Duties and powers of commissioner; appeal and review; notification. In addition
to the duties and powers enumerated elsewhere in this chapter: (1) The commissioner shall:
a. Upon request of the board of directors, provide the association with a statement of the
premiums in the appropriate states for each member insurer. b. When an impairment is declared
and the amount of the impairment is determined, serve a demand upon the impaired insurer to
make good the impairment within a reasonable time. Notice to the impaired insurer shall constitute
notice to its shareholders, if any. The failure of the insurer to promptly comply with such
demand shall not excuse the association from the performance of its powers and duties under
this chapter. c. In any liquidation or rehabilitation proceeding involving a domestic insurer,
petition the court of competent jurisdiction to have the chief of the receivership division
appointed as the liquidator or rehabilitator. If a foreign or...
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27-27-23
Section 27-27-23 Directors of domestic insurers - Number; election; qualifications. (a) The
affairs of every domestic insurer shall be managed by not less than three directors, and at
least one-third of the directors shall be bona fide residents of this state. (b) Directors
must be elected by the members or stockholders of a domestic insurer at the annual meeting
of stockholders or members. Directors may be elected for terms of not more than five years
each and until their successors are elected and have qualified, and if to be elected for terms
of more than one year, the insurer's bylaws shall provide for a staggered-term system under
which the terms of a proportionate part of the members of the board of directors will expire
on the date of each annual meeting of stockholders or members. (c) If so provided in the insurer's
bylaws, a director of a stock insurer shall be a stockholder thereof and a director of a mutual
insurer shall be a policyholder thereof. (Acts 1971, No. 407, p....
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27-30-30
Section 27-30-30 Directors or trustees. (a) The affairs of every domestic mutual aid association
shall be governed by a board of directors or board of trustees consisting of not less than
seven members, each of whom must be a member or stockholder of the corporation. (b) Directors
shall be elected by the members or stockholders of the association at the annual meeting of
stockholders or members. Directors may be elected for terms of not less than one nor more
than five years each and until their successors are elected and have qualified, as provided
in the association's bylaws. If to be elected for terms of more than one year, the bylaws
shall provide for a staggered term system under which the terms of a proportionate part of
the members of the board will expire on the date of each annual meeting of members or stockholders.
(c) A majority of the directors or trustees must at all times be residents of this state.
(Code 1940, T. 28, §§251, 256, 258; Acts 1971, No. 407, p. 707, §588.)...
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