§ 4523. Soliciting membership in unauthorized societies; penalties.\n(a) Any person, firm, association or corporation who or which shall\nsolicit a member or members for, or in any way assist in procuring a\nmember or members for, or collect payments or dues for or in connection\nwith the membership of, any fraternal benefit society that is not\nlicensed to do business in this state and that is not exempted under the\nprovisions of section four thousand five hundred twenty-two of this\narticle shall be guilty of a misdemeanor, and in addition, such person,\nfirm, association or corporation shall be liable to a penalty of one\nhundred dollars for each person so solicited or so procured to become a\nmember in such unauthorized society, and may in addition to either of\nthe foregoing, be en
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§ 4523. Soliciting membership in unauthorized societies; penalties.\n(a) Any person, firm, association or corporation who or which shall\nsolicit a member or members for, or in any way assist in procuring a\nmember or members for, or collect payments or dues for or in connection\nwith the membership of, any fraternal benefit society that is not\nlicensed to do business in this state and that is not exempted under the\nprovisions of section four thousand five hundred twenty-two of this\narticle shall be guilty of a misdemeanor, and in addition, such person,\nfirm, association or corporation shall be liable to a penalty of one\nhundred dollars for each person so solicited or so procured to become a\nmember in such unauthorized society, and may in addition to either of\nthe foregoing, be enjoined from doing any such unlawful acts, in the\nmanner specified in section three hundred nine of the financial services\nlaw.\n (b) The provisions of subsection (a) hereof shall not apply to the\nconduct of a designated representative acting under the authority of an\nunlicensed fraternal benefit society which was heretofore licensed to do\nbusiness in this state and has obtained a certificate from the\nsuperintendent authorizing designated representatives to act for such\nsociety in the collection of payments or dues from members or perform\nany act incident to existing membership but not to solicit members or\nassist in procuring members. The application for such certificate shall\nbe on such form or forms and supplements thereto, and shall contain such\ninformation, as the superintendent may prescribe. There shall be\nattached to such forms a statement by such society stating that such\nsociety has satisfied itself that the proposed designated representative\nis trustworthy and competent to act as such designated representative\nand that the society will appoint him to act as its designated\nrepresentative. Such statement shall be subscribed by an officer of such\nsociety and affirmed by such officer as true under the penalties of\nperjury. The superintendent may revoke the superintendent's\nauthorization of any designated representative after notice and hearing\nand on the grounds enumerated in subsection (a) of section two thousand\none hundred ten of this chapter.\n