§ 10-14-301 — Organization

(1) A domestic society organized on or after July 1,
1993, shall be formed as follows: Seven or more citizens of the United States, a
majority of whom are citizens of this state, who desire to form a fraternal benefit
society may make, sign, and acknowledge before some officer competent to take
acknowledgments of deeds, articles of incorporation. Such articles of incorporation
shall contain:

(a) The proposed corporate name of the society, which shall not so closely
resemble the name of any society or insurance company as to be misleading or
confusing;

(b) The purpose for which it is being formed and the mode in which its
corporate powers are to be exercised. Such purposes shall not include more liberal
powers than are granted by this article.

(c) The names and residences of the incorporators and the names,
residences, and official titles of all the officers, trustees, directors, or other persons
who are to have and exercise the general control and management of the affairs
and funds of the society for the first year or until the ensuing election at which all
such officers shall be elected by the supreme governing body, which election shall
be held not later than one year from the date of issue of the letter of authorization.

(2) The articles of incorporation, duly certified copies of the society's bylaws
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 the commissioner deems necessary. The bond with sureties
approved by the commissioner shall be in such amount, not less than three hundred
thousand dollars nor more than one million five hundred thousand dollars, as is
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 article
and all provisions of the statutes have been complied with, the commissioner shall
furnish the incorporators a letter of authorization authorizing the society to solicit
members as provided in this section.

(3) No letter of authorization granted under the provisions of this section
shall be valid after one year from its date or after such further period, not
exceeding one year, as may be authorized by the commissioner upon good cause
shown, unless the five hundred applicants required in subsection (4) of this section
have been secured and the organization has been completed as provided in this
section. The articles of incorporation and all other proceedings pursuant thereto
shall become null and void one year from the date of the letter of authorization, or
at the expiration of the extended period, unless the society shall have completed its
organization and received a certificate of authority to do business as provided in
this section.

(4) Upon receipt of a letter of authorization 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 tables of rates, and shall issue to each such
applicant a receipt for the amount so collected. No society shall incur any liability
other than for such advance premium, nor issue any certificate, nor pay, allow, offer,
or promise to pay any benefit to any person until:

(a) At least ten subordinate lodges have been established into which the five
hundred applicants have been admitted;

(b) There has been submitted to the commissioner, under oath of the
president, secretary, or corresponding officer of such society, a list of such
applicants, giving their names, addresses, date each was admitted, name and
number of the subordinate lodge of which each applicant is a member, and the
amount of benefits to be granted and premiums therefor; and

(c) It is shown to the commissioner, by sworn statement of the treasurer or
corresponding officer of such society, that at least five hundred applicants have
each paid in cash at least one regular monthly premium as provided, which
premiums in the aggregate shall amount to at least one hundred fifty thousand
dollars. The advance premiums shall be held in trust during the period of
organization, and, if the society has not qualified for a certificate of authority within
one year, as specified in this section, the premiums shall be returned to said
applicants.

(5) The commissioner may make such examination and require such further
information as the commissioner deems advisable. The society shall submit articles
of incorporation, which shall be issued in triplicate, to the commissioner and
attorney general for examination. After being approved, the articles shall be filed
and recorded in the office of the secretary of state who shall issue a certificate of
incorporation. A copy of the articles, certified by the secretary of state, shall be
filed with the commissioner. Upon presentation of satisfactory evidence that the
society has complied with all the statutory provisions, including the establishment
of a deposit with the commissioner of three hundred thousand dollars, unless the
commissioner accepts a lesser amount, the commissioner shall issue to the society
a certificate to that effect and that the society is authorized to transact business
pursuant to the provisions of this article. The commissioner shall cause a record of
the certificate of authority to be made. A certified copy of the record may be given
in evidence with like effect as the original certificate of authority.

Legislative History

Source: L. 93: Entire article amended with relocations, p. 591, � 1, effective July 1.