§432:2-305 Consolidations and mergers. (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 governing body of each society, such vote being conducted at a regular or special meeting of each such body, or, if the society's laws so permit, by mail; and
(4) Evidence that at least sixty days prior to the action of the supreme 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 publication of each society.
(b) If the commissioner 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, the commissioner shall approve the contract and issue a 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 or territory. 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 or territory and a certificate of such approval filed with the commissioner of this State, or, if the laws of such state or territory contain no such provision, then the consolidation or merger shall not become effective unless and until it has been approved by the commissioner of insurance of such state or territory and a certificate of such approval filed with the commissioner of this State.
(c) Upon the consolidation or merger becoming effective as herein provided, all the rights, franchises and interests of the consolidated or merged societies in and to every species of property, real, personal or mixed, and things in action thereunto belonging shall be vested in the society resulting from or remaining after the consolidation or merger without any other instrument; except that conveyances of real property may be evidenced by proper deeds, and the title to any real estate or interest therein, vested under the laws of this State in any of the societies consolidated or merged, shall not revert or be in any way impaired by reason of the consolidation or merger, but shall be vested absolutely in the society resulting from or remaining after such consolidation or merger.
(d) 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. [L 1987, c 347, pt of §2]
Structure Hawaii Revised Statutes
432:1-101.5 Disclosure of health care coverage and benefits.
432:1-101.6 Policies relating to domestic abuse cases.
432:1-102 Applicability of other laws.
432:1-103 Applicability of this article to existing societies and union mutual benefit societies.
432:1-104.5 Bona fide trade associations.
432:1-107 Federal law compliance.
432:1-201 Incorporation by charter.
432:1-202 Constitution and bylaws; officers; government of society.
432:1-203 Actions or proceedings.
432:1-301 Registration with commissioner: certificate of registration and certificate of authority.
432:1-302 Commissioner refusal to authorize certificate or solicitation; appeal to circuit court.
432:1-303 Authority to offer death, sick, disability, or other benefits; conditions.
432:1-306 Authority to offer death, sick, disability, or other benefits; deposit or bond.
432:1-308 Suspension, revocation, or denial of certificate of authority.
432:1-402 Investments of certain mutual benefit societies.
432:1-403 Nonprofit medical, hospital indemnity associations; tax exemption.
432:1-407 Protection against insolvency.
432:1-408 Uncovered expenditures insolvency deposit.
432:1-409 Rehabilitation, liquidation, or conservation of mutual benefit societies.
432:1-410 Reserve credit for reinsurance.
432:1-501 Examination by commissioner, assistance of other officers.
432:1-502 Summary orders and supervision.
432:1-503 Closing of doors without notice.
432:1-601 Contract limitations for handicapped children and children with intellectual disabilities.
432:1-601.5 Coverage for telehealth.
432:1-602 Newborn children coverage.
432:1-602.6 Newborn adoptee; coverage.
432:1-603 Reimbursement for psychological services.
432:1-604 In vitro fertilization procedure coverage.
432:1-604.5 Contraceptive services.
432:1-605 Mammogram screening.
432:1-605.5 Mammograms; referral not required.
432:1-606 Qualified medical child support order.
432:1-607 Genetic information nondiscrimination in health insurance coverage.
432:1-608 Hospice care coverage.
432:1-610 Federally funded programs; exemption.
432:1-613 Orthodontic services for orofacial anomalies; benefits and coverage; notice.
432:1-614 Autism benefits and coverage; notice; definitions.
432:1-615 Primary care provider; advanced practice registered nurse.
432:1-617 Colon cancer screening coverage.
432:1-618 Human immunodeficiency virus and acquired immunodeficiency syndrome screening coverage.
432:1-620 Formulary; accessibility requirements.
432:1-621 Medication synchronization; proration; dispensing fees.
432:1-622 Extension of dependent coverage.
432:1-623 Prohibition of preexisting condition exclusions.
432:1-624 Prohibited discrimination in premiums or contributions.
432:1-625 Reimbursement to providers.
432:2-102 Applicability of other laws.
432:2-103.5 Policies relating to domestic abuse cases.
432:2-104 Fraternal benefit societies.
432:2-106 Representative form of government.
432:2-107 Purposes and powers.
432:2-201 Qualifications for membership.
432:2-202 Location of office, meetings, communications to members, grievance procedures.
432:2-203 No personal liability.
432:2-305 Consolidations and mergers.
432:2-306 Conversion of fraternal benefit society into mutual life insurance company.
432:2-403 Benefits not attachable.
432:2-404 The benefit contract.
432:2-404.5 Genetic information nondiscrimination in health insurance coverage.
432:2-405 Nonforfeiture benefits, cash surrender values, certificate loans and other options.
432:2-406 Mammogram coverage required; referral not required.
432:2-410 Primary care provider; advanced practice registered nurse.
432:2-604 Examination of societies; no adverse publications.
432:2-605 Foreign or alien society, admission.
432:2-606 Injunction, liquidation, receivership of domestic society.
432:2-607 Suspension, revocation or refusal of license of foreign or alien society.
432:2-609 Licensing of producers.
432:2-610 Unfair methods of competition and unfair and deceptive acts and practices.
432:2-611 Federal law compliance.