(a) A domestic society may consolidate or merge with any other society by complying with the provisions of this section. It shall file with the commissioner:
(1) A certified copy of the written contract containing, in full, the terms and conditions of the consolidation or merger;
(2) A sworn statement by the president and secretary, or corresponding officers, of each society showing the financial condition thereof on a date fixed by the commissioner, but not earlier than December 31 next preceding the date of the contract;
(3) A certificate of such officers, duly verified by their respective oaths, that the consolidation or merger has been approved by a two-thirds vote of the supreme legislative or governing body of each society; and
(4) Evidence that at least 60 days prior to the action of the supreme legislative or governing body of each society, the text of the contract has been furnished to all members of each society, either by mail or by publication in full in the official organ of each society.
(b) The affidavit of any officer of the society, or of anyone authorized by it to mail any notice or document, stating that such notice or document has been duly addressed and mailed, shall be prima facie evidence that such notice or document has been furnished the addressees.
(c) If the commission finds that the contract is in conformity with the provisions of this section, that the financial statements are correct and that the consolidation or merger is just and equitable to the members of each society, he shall approve the contract and issue his certificate to such effect. Upon such approval, the contract shall be in full force and effect unless any society which is a party to the contract is incorporated under the laws of any other state. In such event, the consolidation or merger shall not become effective unless, and until, it has been approved as provided by the laws of such state and a certificate of such approval filed with the commissioner or, if the laws of such state contain no such provision, then the consolidation or merger shall not become effective unless, and until, it has been approved by the insurance supervisory official of such state and a certificate of such approval filed with the commissioner.
Structure Code of Alabama
Chapter 34 - Fraternal Benefit Societies.
Section 27-34-1 - Definitions.
Section 27-34-2 - Societies Deemed Operating on Lodge System.
Section 27-34-3 - When Society Deemed as Having Representative Form of Government.
Section 27-34-4 - Applicability of Chapter - Generally.
Section 27-34-5 - Applicability of Chapter - Exceptions.
Section 27-34-6 - License - Requirement; Renewal; Fee; Evidence.
Section 27-34-7 - License - Foreign or Alien Societies - Application; Qualifications.
Section 27-34-8 - License - Foreign or Alien Societies - Suspension, Revocation, or Refusal.
Section 27-34-9 - Articles of Incorporation - Contents.
Section 27-34-11 - Preliminary Certificate - Time to Complete Organization.
Section 27-34-12 - Preliminary Certificate - Initial Solicitations and Qualifications.
Section 27-34-13 - Certificate of Compliance.
Section 27-34-14 - Constitution and Laws; Powers.
Section 27-34-15 - Existing Incorporated Societies.
Section 27-34-16 - Incorporation of Existing Unincorporated Domestic Voluntary Associations.
Section 27-34-17 - Amendment of Articles of Incorporation, Constitution, or Laws.
Section 27-34-18 - Waiver of Societies' Laws and Constitution.
Section 27-34-20 - Creation, etc., of Charitable, Benevolent, or Educational Institutions.
Section 27-34-21 - Members - Qualifications for Membership.
Section 27-34-22 - Members - Payment of Equitable Part of Deficiency.
Section 27-34-23 - Benefits - Generally.
Section 27-34-24 - Benefits - Lives of Children.
Section 27-34-26 - Beneficiaries.
Section 27-34-27 - Exemption of Benefits, etc., From Attachment, Garnishment, or Other Process.
Section 27-34-28 - Personal Liability for Payment of Benefits.
Section 27-34-29 - Issuance of Certificate to Each Benefit Member; Matters Constituting Agreement.
Section 27-34-30 - Life Benefit Certificate - Filing With Commissioner; Standard Provisions.
Section 27-34-31 - Life Benefit Certificate - Prohibited Provisions.
Section 27-34-32 - Accident or Health and Total or Permanent Disability Insurance Contracts.
Section 27-34-33 - Reinsurance.
Section 27-34-34 - Assets; Funds; Expenses.
Section 27-34-35 - Investments.
Section 27-34-36 - Annual Statements - Requirements.
Section 27-34-37 - Annual Statements - Valuation of Certificates; Reserves.
Section 27-34-38 - Annual Statements - Failure to File.
Section 27-34-39 - Examinations - Domestic Societies.
Section 27-34-40 - Examinations - Foreign and Alien Societies.
Section 27-34-41 - Examinations - Publication of Financial Statement, Report, or Finding.
Section 27-34-42 - Exemption From Taxation.
Section 27-34-43 - Applicability of Chapters 7 and 8a.
Section 27-34-44 - Agents - Solicitation Without License.
Section 27-34-45 - Misrepresentations.
Section 27-34-46 - Discrimination, Inducements, and Rebates.
Section 27-34-47 - Service of Process.
Section 27-34-48 - Consolidation or Merger - Procedure.
Section 27-34-49 - Consolidation or Merger - Effect.
Section 27-34-50 - Actions to Enjoin or in Quo Warranto; Liquidation; Receivership.
Section 27-34-51 - Applications for Injunctions.
Section 27-34-52 - Review of Decisions and Findings of Commissioner.