Title 31A, Insurance Code

31A-9-105. General corporate powers and procedures. (1) Section 16-10a-302 applies to the general powers of fraternals. (2) Section 16-6a-304 applies to ultra vires issues in fraternals. (3) Subsection 31A-5-104(3) applies to the omission of a seal in a fraternal. (4) Sections 16…

31A-9-106. Miscellaneous provisions. Sections 31A-5-105 and 31A-5-106 apply to fraternals.

31A-9-201. Reservation of corporate name. Section 31A-5-201 applies to the reservation of a corporate name for a fraternal.

31A-9-202. Members and applicants in fraternals. (1) A fraternal may admit any natural person to membership under the conditions and for the type of insurance and other benefits its laws prescribe, subject to this chapter and other applicable laws. A member without insurance ceas…

31A-9-203. Incorporators. One or more adult natural persons may organize and act as the incorporators of a fraternal under this chapter.

31A-9-204. Articles of incorporation and bylaws. (1) The articles of incorporation shall set forth: (a) the name of the corporation, which shall include the word "fraternal" or words of equivalent meaning; (b) the location of the principal office of the fraternal, which shall be …

31A-9-205. Organization permit and certificate of incorporation. (1) Section 31A-5-204 applies to fraternals except that the word "mutual" shall be read "fraternal" and "Section 31A-5-211" in Subsection 31A-5-204(5) shall be read "Section 31A-9-209." (2) The application for an or…

31A-9-206. Powers under organization permit and deposit of proceeds of subscriptions. Subsection 31A-5-207(2) and Section 31A-5-208 apply to fraternals, except that: (1) the word "mutual" shall be read "fraternal"; and (2) there are no qualifying insurance policies as referred to…

31A-9-207. Termination of organization permit and payment of organization expenses. Section 31A-5-209, other than Subsection (3)(c), applies to fraternals, except that: (1) the word "mutual" shall be read "fraternal"; and (2) the reference to "Section 31A-5-212" shall be read "Se…

31A-9-208. Incorporators' liability and organization expenses. Subsections 31A-5-210(1) and (2)(b) apply to fraternals, except that the word "mutual" shall be read "fraternal."

31A-9-209. Initial surplus requirements. (1)(a) The requirements of Subsections 31A-5-211(1) through (4) apply to fraternals with respect to the amount of permanent surplus required of the fraternal. (b) For purposes of Subsection (1)(a): (i) wherever the word "mutual" appears in…

31A-9-210. Certificate of authority. Section 31A-5-212 applies to certificates of authority for fraternals, except that references to other sections in Chapter 5, Domestic Stock and Mutual Insurance Corporations, shall be read to refer to the corresponding sections in Chapter 9, …

31A-9-211. Accelerated organization procedure. Section 31A-5-213 applies to the accelerated organization procedure for fraternals, except that the word "mutual" shall be read "fraternal."

31A-9-212. Separate accounts and subsidiaries. (1) Except as provided in Subsections (2) and (3), Sections 31A-5-217 and 31A-5-218 apply to separate accounts and subsidiaries of fraternals. If a fraternal issues contracts on a variable basis, Subsections 31A-22-902(2) and (6) and…

31A-9-213. Amendment of articles of incorporation. (1) The articles of a fraternal may provide for amendment by the supreme governing body or by the board of directors, and may also provide for amendment by an affirmative vote of a majority of those members who vote in a referend…

31A-9-301. Securities regulation. Section 31A-5-301 applies to fraternal bonds but does not apply to contribution notes, as they are defined in Section 31A-5-305, as incorporated by Section 31A-9-303.

31A-9-302. Registration of securities. Section 31A-5-302 applies to securities of fraternals.

31A-9-303. Authorized securities. Subsection 31A-5-305(2) applies to authorized securities of fraternals, except that the words "mutual" and "nonassessable mutual" shall be read "fraternal."

31A-9-401. Principal office, registered agent, and corruption in members' meetings. Section 31A-5-401 governs the location of the principal office and existence of a registered agent for fraternals. Section 31A-5-403 applies to members' meetings of domestic fraternals.

31A-9-402. Communications to members. (1) A fraternal may provide in its laws for an official publication in which any notice, report, or statement required by law to be given to members, including a notice of election, may be published. Any required notice shall be printed consp…

31A-9-403. Representative form of government. (1) A fraternal shall have a supreme governing body consisting either of: (a) A board of directors is the supreme governing body of a fraternal. It consists of some directors elected directly by the members or by their representatives…

31A-9-404. Annual report to fraternal members. (1) Every domestic fraternal shall send to each member having insurance or shall publish in the official publication under Subsection 31A-9-402(1), an abbreviated annual report. (2) This report shall contain: (a) basic financial and …

31A-9-405. Board of directors. (1) Sections 16-6a-801 and 16-6a-802 apply to fraternals, except that the supreme governing body may act as the board of directors if it meets at least quarterly. Subsections 31A-5-407(2) through (9) apply to fraternals, except that the word "mutual…

31A-9-406. Removal of directors and filling of vacancies. (1) A director may be removed from office for cause by an affirmative vote of a majority of the full board of directors at a meeting of the board called for that purpose or may be removed under Subsection 16-6a-820(4). (2)…

31A-9-407. Supervision of management changes. Section 31A-5-410 applies to the supervision of management changes of fraternals.

31A-9-408. Continuity of management in emergencies. Section 31A-5-411 applies to the continuity of management of fraternals in emergencies.

31A-9-409. Committees of directors. Section 31A-5-412 applies to committees of directors in fraternals, except that the references to other sections of Chapter 5, Domestic Stock and Mutual Insurance Corporations, shall be to the corresponding sections of Chapter 9, Insurance Frat…

31A-9-410. Interlocking directorates and other relationships. Section 31A-5-413 applies to interlocking directorates and other relationships of fraternals.

31A-9-411. Transactions in which directors and others are interested. Section 31A-5-414 applies to transactions in which directors and others are interested within fraternals.

31A-9-412. Directors' liability and indemnification. Section 31A-5-415 applies to directors' liability and indemnification in fraternals, except that the word "mutual" shall be read "fraternal".

31A-9-413. Executive compensation. Section 31A-5-416 applies to executive compensation in fraternals, except that the word "mutual" shall be read "fraternal."

31A-9-414. Exclusive agency contracts. Section 31A-5-417 applies to exclusive agency contracts in fraternals.

31A-9-501. Merger and consolidation of fraternals. (1) Subject to compliance with Chapter 16, Insurance Holding Companies, any two or more domestic fraternals may merge or consolidate under the provisions of Subsections (3) and (4). (2) Subject to compliance with Chapter 16, Insu…

31A-9-502. Voluntary dissolution of solvent domestic fraternals. (1) Subject to this section, a domestic fraternal may voluntarily dissolve under Sections 16-6a-1401 through 16-6a-1405. (2) The proposal for voluntary dissolution shall be filed with the commissioner at least 60 da…

31A-9-503. Conversion of a fraternal to a mutual. A domestic fraternal may be converted into a mutual, as follows: (1) In addition to complying with the requirements of Chapter 16, Insurance Holding Companies, the board or the supreme governing body shall adopt a plan of conversi…

31A-9-504. Rehabilitation or involuntary conversion. (1)(a) If the commissioner believes that a fraternal does not satisfy the requirements of this chapter, the commissioner shall call a hearing. If the commissioner then finds that the fraternal does not satisfy the requirements:…

31A-9-601. Tax exemption. Every domestic and nondomestic fraternal is exempt from all state, county, district, municipal, and school taxes or fees, except the fees required under Section 31A-3-103, and all the taxes and special assessments on its real estate and office equipment.…

31A-9-602. Fraternal expenditures and activities. (1) Every fraternal shall report to the commissioner the information required by the commissioner concerning expenditures made by the fraternal and other activities and programs of the fraternal or its members in fulfillment of th…

31A-9-603. Exemption of fraternal benefits. No money or other benefit, charity, relief, or aid to be paid, provided, or rendered by any domestic or nondomestic fraternal is liable to attachment, garnishment, or other process, or may be seized, taken, appropriated, or applied by a…

31A-9-604. Duties of officers, directors, agents, and employees. Section 31A-5-601 applies to the duties of officers, directors, agents, and employees of fraternals.