40-4008. Issuance of certificate of authority as final act of conversion; conversion not to affect rights of insurer. Within 30 days of receipt of the filing of the approved plan in accordance with subsection (f) of K.S.A. 40-4002 and the amended articles of incorporation, the commissioner shall issue a new certificate of authority to the insurer. Notwithstanding the actions of any other jurisdiction, the issuance of such certificate shall be deemed the final act of conversion and the mutual insurer shall concurrently become a stock insurer. The date of the issuance of such certificate shall be the "conversion date" of the insurer. The stock insurer shall be a continuation of the mutual insurer and deemed to have been organized at the time the converted mutual insurer was organized. The conversion shall in no way annul, modify or change any of such insurer's existing suits, rights, contracts or liabilities except as provided in the plan. The insurer, after conversion, shall exercise all the rights and powers and perform all the duties conferred or imposed by law upon insurers writing the classes of insurance written by it and shall retain the rights and contracts existing prior to conversion, subject to the effect of the plan.
History: L. 1985, ch. 154, § 8; L. 1997, ch. 107, § 10; July 1.
Structure Kansas Statutes
Article 40 - Conversion Of Domestic Mutual Insurer Into Domestic Stock Insurer
40-4001 Conversion authority; review by commissioner; act to be liberally construed.
40-4003a Plan of conversion; terms and conditions.
40-4003b Same; establishment of closed block for policyholder dividends.
40-4003c Continuation in force of policies; extinguishment of policyholder rights.
40-4004 Consideration and approval or disapproval of plan by commissioner; hearings.
40-4005 Same; meeting for approval by policyholders.
40-4006 Limitation on ownership of voting stock of converted insurer; violations; remedies.
40-4007 Prohibition on certain persons benefiting from assistance in conversion.
40-4009 Directors and officers of mutual insurer, service.
40-4010 Securities issued under plan exempt from securities laws.
40-4011 Actions challenging validity of conversion; security required.
40-4012 Rules and regulations.
40-4013 Commissioner to charge insurer for expenses.
40-4014 Filing amended articles of incorporation with secretary of state.