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27-35-10
Section 27-35-10 Conversion into stock or mutual life insurance company - Obligation to holders
of policies or certificates; pending actions. (a) The reorganized and converted corporation
shall be obligated to carry out and perform all of the obligations of every kind and character
owing by the former fraternal benefit society to the holders of its policies or beneficial
certificates, and the same may be enforced against it to the same extent as if the policies
and beneficial certificates had been issued by it after such conversion. (b) Any pending actions
wherein the former fraternal benefit society was a party shall be unaffected by the conversion
thereof and shall be prosecuted by or against such reorganized and converted corporation the
same as if the conversion had not taken place. (Acts 1927, No. 537, p. 624; Acts 1971, No.
407, p. 707, §736.)...
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27-35-11
Section 27-35-11 Conversion into stock or mutual life insurance company - Separate record of
premiums; exemption from premium taxes. The insurer, after conversion from a fraternal benefit
society, shall maintain separate records of premiums received by it on account of policies
and certificates originally issued while a fraternal benefit society and continuing in force
without material change as to form or basis of premium. All such premiums shall be exempt
from premium taxes to the same extent, if any, as to which exempted if currently received
by a domestic fraternal benefit society. (Acts 1971, No. 407, p. 707, §737.)...
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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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27-35-9
Section 27-35-9 Conversion into stock or mutual life insurance company - Preservation of debts,
liabilities, and duties. Rights of creditors and all liens upon the property of the former
fraternal benefit society shall be preserved unimpaired after the society's conversion, and
the former fraternal benefit society shall be deemed to continue in existence in order to
preserve the same; and all debts, liabilities, and duties of the former fraternal benefit
society shall thenceforth attach to the reorganized and converted corporation and may be enforced
against it to the same extent as if said debts, duties, and liabilities had been incurred
or contracted by it. (Acts 1927, No. 537, p. 624; Acts 1971, No. 407, p. 707, §735.)...
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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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27-34-12
Section 27-34-12 Preliminary certificate - Initial solicitations and qualifications. Upon receipt
of a preliminary certificate from the commissioner, the society may solicit members for the
purpose of completing its organization, shall collect from each applicant the amount of not
less than one regular monthly premium in accordance with its table of rates as provided by
its constitution and laws and shall issue to each such applicant a receipt for the amount
so collected. No society shall incur any liability other than for the return of such advance
premium, nor issue any certificate, nor pay, allow, or offer or promise to pay or allow any
death or disability benefit to any person until: (1) Actual bona fide applications for death
benefits have been secured aggregating at least $500,000.00 on not less than 500 lives; (2)
All such applicants for death benefits shall have furnished evidence of insurability satisfactory
to the society; (3) Certificates of examinations or acceptable...
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27-31B-21
Section 27-31B-21 Conversion to or merger with reciprocal insurer. (a) An association captive
insurance company or industrial insured group formed as a stock or mutual corporation may
be converted to or merged with and into a reciprocal insurer in accordance with a plan therefor
and this section. (b) A plan for this conversion or merger shall satisfy both of the following:
(1) Be fair and equitable to the shareholders, in the case of a stock insurer, or the policyholders,
in the case of a mutual insurer. (2) Provide for the purchase of the shares of any nonconsenting
shareholder of a stock insurer or the policyholder interest of any nonconsenting policyholder
of a mutual insurer in substantially the same manner and subject to the same rights and conditions
as are accorded a dissenting shareholder under Article 13, commencing with Section 10-2B-13.01,
of Chapter 2B of Title 10. (c) A conversion authorized under subsection (a) shall satisfy
all of the following: (1) The conversion shall...
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27-31-28
Section 27-31-28 Merger or conversion of domestic insurer. (a) A domestic reciprocal insurer,
upon affirmative vote of not less than two thirds of its subscribers who vote on such merger,
pursuant to due notice and the approval of the commissioner of the terms therefor, may merge
with another reciprocal insurer or be converted to a stock or mutual insurer. (b) Such a stock
or mutual insurer shall be subject to the same capital or surplus requirements and shall have
the same rights as a like domestic insurer transacting like kinds of insurance. (c) The commissioner
shall not approve any plan for such merger or conversion which is inequitable to subscribers
or which, if for conversion to a stock insurer, does not give each subscriber preferential
right to acquire stock of the proposed insurer proportionate to his interest in the reciprocal
insurer, as determined in accordance with Section 27-31-27 and a reasonable length of time
within which to exercise such right. (Acts 1971, No. 407,...
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27-34-48
Section 27-34-48 Consolidation or merger - Procedure. (a) A domestic society may consolidate
or merge with any other society by complying with the provisions of this section. It shall
file with the commissioner: (1) A certified copy of the written contract containing, in full,
the terms and conditions of the consolidation or merger; (2) A sworn statement by the president
and secretary, or corresponding officers, of each society showing the financial condition
thereof on a date fixed by the commissioner, but not earlier than December 31 next preceding
the date of the contract; (3) A certificate of such officers, duly verified by their respective
oaths, that the consolidation or merger has been approved by a two-thirds vote of the supreme
legislative or governing body of each society; and (4) Evidence that at least 60 days prior
to the action of the supreme legislative or governing body of each society, the text of the
contract has been furnished to all members of each society, either by...
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27-27-43
Section 27-27-43 Mutualization of stock insurers. (a) A stock insurer other than a title insurer
may become a mutual insurer under such plan and procedure as may be approved by the commissioner
after a hearing thereon. (b) The commissioner shall not approve any such plan, procedure,
or mutualization unless: (1) It is equitable to stockholders and policyholders; (2) It is
subject to approval by the holders of not less than three-fourths of the insurer's outstanding
capital stock having voting rights and by not less than three-fourths of the insurer's policyholders
who vote on such plan in person, by proxy, or by mail pursuant to such notice and procedure
as may be approved by the commissioner; (3) If a life insurer, the right to vote thereon is
limited to holders of policies other than term or group policies and whose policies have been
in force for more than one year; (4) Mutualization will result in retirement of shares of
the insurer's capital stock at a reasonable price as specified...
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