26.1-12 Incorporated Mutual Insurance Companies

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CHAPTER 26.1-12INCORPORATED MUTUAL INSURANCE COMPANIES26.1-12-01.Organization of mutual insurance company - Minimum number ofmembers. Any number of persons, not less than twenty, a majority of whom must be bona fide residents of this state, may become, together with others who thereafter may be associated with them or their successors, a body corporate for the purpose of carrying on the business of mutual insurance as provided in this chapter by complying with this chapter. Any number of persons, not less than seven, may form a mutual life insurance company and, with others who may become associated with them or their successors, may become a body corporate for the purpose of carrying on the business of a mutual life insurance company. A mutual life insurance company organized under this chapter may carry insurance upon the lives of persons, including every kind of insurance pertaining thereto.26.1-12-02. Corporate name - Restrictions. The name of a mutual insurance companyorganized under this chapter must contain the word "mutual". A name which is so similar to any name already in use by any existing corporation, limited liability company, company, or association organized or doing business in this state as to be confusing or misleading is not permitted.26.1-12-03. Articles of incorporation - Contents. Persons proposing to form a mutualinsurance company under this chapter shall subscribe and acknowledge articles of incorporation specifying:1.The name of the company and the purpose for which it is to be formed.2.The location of its principal or home office, which must be within this state.3.The names and addresses of those composing the board of directors in which the management is vested until the first meeting of the members.4.The names and places of residence of the incorporators.5.The term of existence of the company, which may be perpetual.26.1-12-04. Articles of incorporation - Filing - Issuance of certificate. The articles ofincorporation or amendments thereto of a mutual insurance company organized under this chapter must be submitted to the commissioner. If the commissioner determines the articles or amendments comply with this chapter, the commissioner shall approve the same. The articles or amendments must be filed in the office of the secretary of state and a certified copy must be filed with the commissioner. The commissioner shall deliver a certificate to the company indicating that it has complied with this chapter.26.1-12-05. Legal existence - Adoption of bylaws - Transaction of business. Themutual insurance company has legal existence as of the date of the certificate. The board of directors named in the articles thereafter may adopt bylaws which must be filed with the commissioner, accept applications for insurance, and proceed to transact company business. Insurance may not be put into force, however, until the company has been licensed to transact an insurance business as provided by this chapter.26.1-12-06. Bylaws of mutual company - Meetings - Notice - Quorum. The bylaws ofany mutual insurance company organized under this chapter must prescribe the manner of notification to members of all corporation meetings of members and must prescribe what constitutes a quorum of members.A quorum is those members present in person orrepresented by written proxies. A majority of those voting is sufficient to approve or reject any proposal submitted at any annual or special meeting. Every member of the company is entitled to one vote only. Every member must be notified of the time and place of the holding of the meetings of the company by a written notice or by an imprint on each policy, receipt, or certificatePage No. 1of renewal. In addition, a notice of any annual or special meeting must be published in the official newspaper of the county in which the principal office of the company is located. The notice must be published at least twice, the first publication to be made at least sixty days before the meeting. If a special meeting of members is called, a notice of the time, place, and object of the meeting must be mailed to all members at least sixty days before the meeting.26.1-12-07.Amendment of articles of incorporation - Amendment of bylaws -Extension of corporate existence.The articles of incorporation of a mutual insurancecompany organized under this chapter may be amended, its term of corporate existence extended, and its bylaws adopted, amended, or repealed at any annual meeting of the company, or at any special meeting called for that purpose, by the affirmative vote of two-thirds of the members voting on the proposition.26.1-12-08.License required - Prerequisites to issuance of license.A mutualinsurance company organized under this chapter may not issue policies or transact any insurance business unless it holds a license from the commissioner authorizing the transaction of insurance business. The license may not be issued unless and until the company complies with the following conditions:1.It must hold bona fide applications for insurance upon which it will issue simultaneously at least twenty policies to at least twenty members for the same kind of insurance upon not less than two hundred separate risks, each within the maximum single risk.2.It must have collected a premium upon each application. All premiums must be held in cash or in securities in which insurance companies may invest, and in the case of fire insurance, must be equal to not less than twice the maximum single risk assumed subject to one fire nor less than ten thousand dollars, and in any other kind of insurance as listed in section 26.1-12-11, to not less than five times the maximum single risk assumed nor less than ten thousand dollars.3.It must maintain a surplus of at least one million dollars. However, for any company doing business only in this state, if the minimum assets and surplus requirements required by this subsection are more than the minimum requirements at the time the company was issued its original certificate of authority to do business, the company may maintain assets and surplus which satisfy the requirements in effect at that time.For all other companies, if the minimum assets and surplus requirementsrequired by this subsection are more than the minimum requirements required at the time the company was issued its original certificate of authority, the company shall increase its surplus of assets over all liabilities according to the following schedule:a.Two hundred fifty thousand dollars by December 31, 1994.b.Five hundred thousand dollars by December 31, 1995.c.Seven hundred fifty thousand dollars by December 31, 1996.d.One million dollars by December 31, 1997.26.1-12-09. Temporary capital on organization of mutual life insurance company -Retirement. A mutual life insurance company may be organized with, and an existing mutual life insurance company may establish, a temporary capital of not less than one hundred thousand dollars which must be invested in the manner provided for the investment of its other funds. Out of the net surplus of the company, the holders of the temporary capital stock may receive a dividend of not more than eight percent per annum, and the dividend may be cumulative. The capital stock may not be a liability of the company except that it must be retired as soon as, but not before, the surplus of the company remaining after its retirement will equal at least the amount of the temporary capital. At the time for the retirement of the capital stock, the holdersPage No. 2must receive from the company the par value thereof and any dividends thereon due and unpaid, and the stock must be surrendered and canceled, and the right to vote thereon ceases.26.1-12-10.Mutual life insurance company - Amount of subscribed insurancerequired - Surplus required. A mutual life insurance company may not issue a policy until not less than two hundred thousand dollars of insurance in not less than two hundred separate risks have been subscribed for and entered on its books.The commissioner may not issue acertificate of authority for the transaction of business to the company unless it has a surplus of assets over all liabilities of at least one million dollars. A domestic mutual life insurance company shall maintain surplus of at least this amount. However, for any company doing business only in this state, if the minimum asset and surplus requirements required by this section are more than the minimum requirements required at the time a company was issued its original certificate of authority, the company shall increase its assets and surplus to a minimum of one hundred thousand dollars. All other companies shall increase their surplus of assets over all liabilities according to the schedule set out in subsection 4 of section 26.1-12-08.26.1-12-11. Authority to insure or reinsure - Types of insurance open to mutualinsurance company. Any mutual insurance company organized under this chapter may make insurance contracts, and may reinsure or accept reinsurance on any portion thereof, to the extent specified in its articles of incorporation, for the following lines of insurance:1.Life and annuity means insurance coverage on human lives, including benefits of endowment, annuities, and credit life.2.Accident and health means insurance coverage for sickness, disease, injury, accidental death, and disability.3.Property means insurance coverage for direct and consequential loss of or damage to property of every kind.4.Casualty means insurance coverage against legal liability, including that for death, injury, or disability or damage to real or personal property.5.Variable life and annuity means insurance coverage provided under variable life insurance contracts, variable annuities, or any other life insurance or annuity that reflects the investment experience of a separate account.26.1-12-11.1. Authority to define products. The product types found under each of theabove lines of insurance are those adopted pursuant to section 26.1-05-02.1.26.1-12-12. Compliance with general insurance laws - Provisions or conditions inpolicy.A mutual insurance company organized under this chapter shall comply with theprovisions of any law applicable to a stock insurance company effecting the same kind of insurance. A company may insert in any form of policy prescribed by the law of this state any provisions or conditions required by its plan of insurance which are not inconsistent or in conflict with the law of this state. The policy may conform to the form prescribed by the law, if the policy includes a provision or endorsement reciting that the policy is to be construed as if it were in the form prescribed by the law.26.1-12-13. Applicability of general insurance laws to mutual companies. In allrespects not specifically provided for in this chapter, mutual insurance companies organized under this chapter are subject to the provisions of this title relating to insurance companies generally.26.1-12-14.Membership in domestic mutual insurance company - Votes ofmembers - Notice of meetings.Every member of a domestic mutual insurance companyorganized under this chapter is a member of the company while the policy is in force. A member may be an insured or owner of a policy as provided in the bylaws of the company.Everymember of the company is entitled to one vote. Every member must be notified of the time andPage No. 3place of the holding of the meetings of the company by a written notice or by an imprint on each policy, receipt, or certificate of renewal as follows:The member is hereby notified that by virtue of this policy you are a member of ___________ mutual insurance company, and that the annual meetings of such company are held at its home office on the ________ day of __________ in each year at _____ o'clock.When the blanks in the notice are properly filled, the notice is sufficient.26.1-12-15.Corporations, limited liability companies, associations, boards, andestates may become member of mutual insurance company - Rights and liabilities. Any public or private corporation, limited liability company, board, or association in this state or elsewhere may make applications and enter into agreements for, and hold, policies in any mutual insurance company organized under this chapter. Any officer, stockholder, trustee, manager, member, governor, or legal representative of the corporation, limited liability company, board, association, or the representative of an estate may be recognized as acting for or on its behalf for the purpose of the membership but is not liable personally upon the insurance contract by reason of acting in the representative capacity. The right of any corporation or limited liability company organized under the laws of this state to participate as a member of any mutual insurance company is declared to be incidental to the purpose for which the corporation or limited liability company is organized and granted as fully as the rights and powers expressly conferred upon it.26.1-12-16. Vote by proxy permitted - Manner of voting by proxy. Members of amutual insurance company may vote by proxy dated and executed within three months prior to the meeting at which the proxy is to be used when returned and recorded on the books of the company three days or more before the meeting. A person may not as proxy or otherwise cast more than fifty votes, and an officer, personally or by another, may not ask for, receive, procure to be obtained, or use, a proxy vote. This section does not apply to a proxy committee duly established by the bylaws comprised of no less than three members appointed by the board of directors whose duty is to cast the vote by proxy of members at any duly called annual or special meeting of the mutual insurance company.26.1-12-17. Members of mutual company entitled to share of net profits. Repealedby S.L. 1993, ch. 292, </DIV></DIV></DIV> </DIV>  <DIV></DIV> <DIV></DIV> <DIV></DIV> <DIV></DIV>  <DIV id=footer> <DIV class=container> Copyright © 2012-2022 Laws9.Com All rights reserved.  <A href="/contactus.html">Contact Us</A> | <A href="/aboutus.html">About Us</A> | <A href="/terms.html">Terms</A> | <A href="/privacy.html">Privacy</A> </DIV> </DIV> </BODY></HTML>

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26.1-12 Incorporated Mutual Insurance Companies