27-34-17
Section 27-34-17 Amendment of articles of incorporation, constitution, or laws. (a) A domestic
society may amend its articles of incorporation, constitution, or laws in accordance with
the provisions thereof by action of its supreme legislative or governing body at any regular
or special meeting thereof or, if its articles of incorporation, constitution, or laws so
provide, by referendum. Such referendum may be held in accordance with the provisions of its
articles of incorporation, constitution, or laws by the vote of the voting members of the
society, by the vote of delegates or representatives of voting members, or by the vote of
local lodges or branches. No amendment submitted for adoption by referendum shall be adopted
unless, within six months from the date of submission thereof, a majority of all of the voting
members of the society shall have signified their consent to such amendment by one of the
methods specified in this subsection. (b) No amendment to the articles of...
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27-34-7
Section 27-34-7 License - Foreign or alien societies - Application; qualifications. (a) No
foreign or alien society shall transact business in this state without a license issued by
the commissioner. Any such society may be licensed to transact business in this state upon
filing with the commissioner: (1) A duly certified copy of its charter or articles of incorporation;
(2) A copy of its constitution and laws, certified by its secretary or corresponding officer;
(3) A power of attorney to the commissioner as prescribed in Section 27-34-47; (4) A statement
of its business under oath of its president and secretary, or corresponding officers, in a
form prescribed by the commissioner, duly verified by an examination made by the supervising
insurance official of its home state or other state, territory, province, or country satisfactory
to the commissioner; (5) A certificate from the proper official of its home state, territory,
province, or country that the society is legally incorporated...
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27-27-6
Section 27-27-6 Solicitation permit - Approval or denial. (a) The commissioner shall expeditiously
examine the application for a solicitation permit and make such investigation relative thereto
as he deems necessary, subject to subsection (b) of this section, if he finds that: (1) The
application is complete; (2) The documents therewith filed are proper in form; and (3) The
proposed articles of incorporation of any proposed domestic insurer comply with this title
and are not in conflict with the Constitution and laws of the United States or of this state;
He shall give notice to the applicant that he will approve and file the articles of incorporation,
if a proposed corporation, and issue a solicitation permit, stating the terms to be contained
therein, upon the filing of any bond required by Sections 27-27-10 or 27-27-16. (b) If the
commissioner does not so find, or finds that any proposed sale of securities would be, or
tend to be, fraudulent or inequitable as to present or proposed...
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37-6-3
Section 37-6-3 Enumerated powers. A cooperative shall have the power: (1) To sue and be sued
in its corporate name. (2) To adopt a corporate seal and alter the same at its pleasure. (3)
To generate, manufacture, purchase, acquire and transmit electric energy and to distribute,
sell, supply and dispose of electric energy to its members, to governmental agencies and political
subdivisions and to other persons; provided, however, that should a cooperative acquire any
electric facilities dedicated or devoted to the public use, it may continue to serve the persons
served directly from such facilities at the time of such acquisition without requiring that
such persons become members, and, provided further, that such nonmembers shall have the right
to become members upon nondiscriminatory terms. Cooperatives may not condition membership
or provision of service on compliance by the member with requirements not directly related
to the electric or other service to be provided by the cooperative....
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27-34-29
Section 27-34-29 Issuance of certificate to each benefit member; matters constituting agreement.
(a) Every society authorized to do business in this state shall issue to each benefit member
a certificate specifying the amount of benefits provided thereby. The certificate, together
with any riders or endorsements attached thereto, the charter or articles of incorporation,
the constitution and laws of the society, the application for membership, and declaration
of insurability, if any, signed by the applicant and all amendments to each thereof shall
constitute the agreement, as of the date of issuance, between the society and the member,
and the certificate shall so state. A copy of the application for membership and of the declaration
of insurability, if any, shall be endorsed upon or attached to the certificate. (b) All statements
purporting to be made by the member shall be representations and not warranties. Any waiver
of this subsection shall be void. (c) Any changes, additions, or...
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27-34-10
Section 27-34-10 Articles of incorporation - Filing with other documents; bond; preliminary
certificate. Such articles of incorporation, duly certified copies of the constitution, laws,
and rules, copies of all proposed forms of certificates, applications therefor, and circulars
to be issued by the society and a bond conditioned upon the return to applicants of the advanced
payments, if the organization is not completed within one year, shall be filed with the commissioner,
who may require such further information as he deems necessary. The bond, with sureties, approved
by the commissioner shall be in such amount, not less than $5,000.00 nor more than $25,000.00,
as required by the commissioner. All documents filed are to be in the English language. If
the purposes of the society conform to the requirements of this chapter and all provisions
of the law have been complied with, the commissioner shall so certify, retain, and file the
articles of incorporation and furnish the...
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27-35-6
Section 27-35-6 Conversion into stock or mutual life insurance company - Certificates of incorporation
and authority. The society shall have corporate existence as a domestic stock or mutual life
insurer upon issuance of the certificate of incorporation by the commissioner or approval
of the amended articles of incorporation, as the case may be; but it shall not transact business
as an insurer until all its authorized capital stock, if a stock insurer, has been subscribed
and paid in full and it has otherwise qualified for, and received from the commissioner, a
certificate of authority as provided in this title for legal reserve insurers. (Acts 1971,
No. 407, p. 707, §732.)...
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27-35-5
Section 27-35-5 Conversion into stock or mutual life insurance company - Ratification or amendment
of articles of incorporation - Filing. (a) The articles of incorporation so adopted or as
so amended, as the case may be, shall be filed with the probate judge as required of domestic
insurers under this title; except, that no bond or solicitation permit shall be required.
(b) At the time of filing of articles of incorporation or amended articles of incorporation
with the commissioner, the society shall likewise file a report of the meeting of its supreme
governing or legislative body referred to in Sections 27-35-3 and 27-35-4, certified by the
presiding officer thereof under the corporate seal, if the society has a corporate seal. (Acts
1927, No. 537, p. 624; Acts 1971, No. 407, p. 707, §731.)...
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27-34-16
Section 27-34-16 Incorporation of existing unincorporated domestic voluntary associations.
(a) After January 1, 1973, no unincorporated or voluntary association shall be permitted to
transact business in this state as a fraternal benefit society. (b) Any domestic voluntary
association now authorized to transact business in this state may incorporate and shall receive
from the commissioner a permanent certificate of incorporation as a fraternal benefit society
when: (1) It has completed its conversion to an incorporated society not later than January
1, 1974; (2) It has filed its articles of incorporation and has satisfied the other requirements
described in Sections 27-34-9 through 27-34-13; and (3) The commissioner has made such examination
and procured whatever additional information he deems advisable. (c) Every voluntary association
so incorporated shall incur the obligations and enjoy the benefits thereof the same as though
originally incorporated, and such corporation shall be...
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27-32-6
Section 27-32-6 Grounds - Rehabilitation of domestic insurers. The commissioner may apply to
the court for an order appointing him as receiver of, and directing him to rehabilitate, a
domestic insurer upon one or more of the following grounds. That the insurer: (1) Is impaired
or insolvent; (2) Has refused to submit any of its books, records, accounts, or affairs to
reasonable examination by the commissioner; (3) Has concealed or removed records or assets
or otherwise violated Section 27-27-29; (4) Has failed to comply with an order of the commissioner
to make good an impairment of capital or surplus, or both; (5) Has transferred, or attempted
to transfer, substantially its entire property or business or has entered into any transaction
the effect of which is to merge substantially its entire property or business in that of any
other insurer without having first obtained the written approval of the commissioner; (6)
Has willfully violated its charter or articles of incorporation or any...
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