Section 23. Every society authorized to do business in the commonwealth shall issue to each benefit member a certificate specifying the amount of benefits provided thereby. The certificate, together with any riders or endorsements attached thereto, the charter or articles of incorporation, the constitution and by-laws of the society, the application for membership, and declaration of insurability, if any, signed by the applicant, and all amendments to each thereof, shall constitute the agreement, as of the date of issuance, between the society and the member, and the certificate shall so state. A copy of the application for membership and of the declaration of insurability, if any, shall be endorsed upon or attached to the certificate.
All statements purporting to be made by the member shall be representations and not warranties. Any waiver of this provision shall be void.
Any changes, additions or amendments to the charter or articles of incorporation, constitution or by-laws duly made or enacted subsequent to the issuance of the certificate, shall bind the member and the beneficiaries, and shall govern and control the agreement in all respects the same as though such changes, additions or amendments had been made prior to and were in force at the time of the application for membership, except that no change, addition or amendment shall destroy or diminish benefits which the society contracted to give the member as of the date of issuance.
Copies of any of the documents mentioned in this section, certified by the secretary or corresponding officer of the society shall be received as evidence of the terms and conditions thereof.
A society shall provide in its constitution or by-laws that if its reserves as to all or any class of certificates become impaired, its board of directors or corresponding body may require that there shall be paid by the member to the society the amount of the member's equitable proportion of such deficiency as ascertained by its board, and that if the payment be not made it shall stand as an indebtedness against the certificate and draw interest not to exceed five per cent per annum compounded annually.
Structure Massachusetts General Laws
Part I - Administration of the Government
Chapter 176 - Fraternal Benefit Societies
Section 1a - Applicability of Chapter 176v to Fraternal Benefit Societies
Section 1b - Applicability of Chapter 176w to Fraternal Benefit Societies
Section 3 - Representative Form of Government
Section 4 - Articles of Incorporation; Preliminary Certificate; Certificate; Powers
Section 7 - Consolidation or Merger
Section 8 - Conversion to Mutual Life Insurance Company
Section 9 - Admission to Membership
Section 10 - Amendment of Articles of Incorporation
Section 11 - Fraudulent Alteration, etc., of Records
Section 13 - Disbursements; Vouchers
Section 14 - Creation and Operation of Charitable, Benevolent or Educational Institutions
Section 15 - Benefits Other Than Insurance Benefits
Section 16 - Liability of Officers and Members; Indemnification
Section 19 - Deferred Payments or Instalments
Section 20 - Paid-Up Nonforfeiture Benefits, Cash Surrender Values, and Other Options
Section 22 - Attachment or Other Process
Section 22a - Burial Benefits; Restrictions; Payment
Section 24 - Filing Copies of Forms With Commissioner; Standard Provisions of Certificates
Section 25 - Surplus of Assets; Waiver of Contributions
Section 29 - Termination and Renewal of Licenses; Fees; License as Evidence
Section 30 - Licensing of Foreign or Alien Societies
Section 31 - Action by Beneficiary
Section 32 - Foreign Societies; Deposits
Section 33 - Injunction Against Transaction of Business; Grounds; Procedure
Section 34 - Foreign or Alien Societies; Suspension or Denial of License
Section 35 - Agents of Societies; Licensing
Section 36 - Commissioner as Attorney for Service of Process
Section 37 - Injunction; Attorney General
Section 38 - Review of Commissioner's Decisions and Findings
Section 39 - Assets; Special Funds; Expenses
Section 40 - Investment of Funds
Section 41 - Reports; Annual Statements
Section 42 - Valuation of Bonds or Other Evidences of Debt
Section 43 - Additional, Increased or Extra Rates of Contributions
Section 45 - Foreign or Alien Societies; Examination; Confidentiality and Privilege
Section 46 - Financial Statement, Report or Finding; Service Upon Society
Section 47 - Misrepresentations, Etc. Concerning Society or Contract
Section 48 - Unfair Discrimination; Inducements Not Specified in Certificate or Contract
Section 51 - Application of Chapter
Section 53 - Jurisdiction to Restrain Violations, Etc.
Section 55 - Solicitation of Membership in Society Not Authorized to Transact Business, Etc.