Section 3. A society has a representative form of government when:
(a) it has a supreme governing body constituted in one of the following ways:
(1) The supreme governing body is an assembly composed of delegates elected directly by the members or at intermediate assemblies or conventions of members or their representatives, together with other delegates as may be prescribed in the society's laws. A society may provide for election of delegates by mail. The elected delegates shall constitute a majority in number and shall not have less than two-thirds of the votes and not less than the number of votes required to amend the society's laws. The assembly shall be elected and shall meet at least once every four years and shall elect a board of directors to conduct the business of the society between meetings of the assembly. Vacancies on the board of directors between elections may be filled in the manner prescribed by the society's laws.
(2) The supreme governing body is a board composed of persons elected by the members, either directly or by their representatives in intermediate assemblies, and any other persons prescribed in the society's laws. A society may provide for election of the board by mail. Each term of a board may be filled in the manner prescribed by the society's laws. Those persons elected to the board shall constitute a majority in number and not less than the number of votes required to amend the society's laws. A person filling the unexpired term of an elected board member shall be considered to be an elected member. The board shall meet at least quarterly to conduct the business of the society.
(b) the officers of the society are elected whether by the supreme governing body or by the board of directors.
(c) only benefit members are eligible for election to the supreme governing body, the board of directors or any intermediate assembly.
(d) each voting member shall have one vote and no vote may be cast by proxy.
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.