§ 26.1-03-05 — Surplus of life insurance company doing business on mutual plan apportioned annually

apportioned annually.
Every life insurance company conducted on the mutual plan, or upon any other plan in
which the policyholders are entitled to share in the profits or surplus of the company, doing
business in this state shall make an annual apportionment and accounting of divisible surplus to
each policyholder beginning not later than the end of the third policy year. Each policyholder is

entitled to, and must be credited with or paid in the manner provided in this chapter, the portion
of the entire divisible surplus as has been contributed thereto by the policyholder's policy. Every
life insurance company, upon policies other than industrial policies, issued before July 1, 1907,
under the conditions of which the distribution of surplus was deferred to a fixed or specified time
and made contingent upon the policy being in force and the insured living at that time, shall
ascertain annually the amount of surplus to which all of the policies as a separate class are
entitled, and shall apportion to the policies as a class the amount of surplus so ascertained and
must carry the amount of the apportioned surplus, and the actual interest earnings and
accretions of the fund, as a distinct and separate liability to the class of policies on and for which
the same was accumulated. Neither the company nor any of its officers may use any part of the
apportioned surplus for any purpose whatsoever other than for the express purpose for which
the apportioned surplus was accumulated.