Section 42A. (a) A foreign society, if formed under the law of any government or state other than of the United States, shall not be admitted and authorized to transact business in the commonwealth until, in addition to complying with the conditions of sections 41 and 42, it has satisfied the commissioner that it has made a deposit, as provided in this section, with (1) the state treasurer; (2) the proper board or officer of some other state of the United States; or (3) trustees who are citizens or corporations of the United States and approved by the commissioner, appointed under a deed of trust executed in a form approved by the attorney general and the commissioner and who have filed with the commissioner a bond, in a form approved by the attorney general and the commissioner, with a surety company authorized to transact business in the commonwealth as surety, and in such sum as the commissioner may require, conditioned upon the faithful performance of their duties and running to the commissioner, or his successor for the benefit of all the members, certificate holders and creditors within the United States of such society.
(b) Such deposit shall be in an amount not less than the reserves with respect to all its outstanding certificates of membership held by residents of the United States and may be made in the securities and subject to the limitations specified in sections 63 and 66 of chapter 175, or in cash or such other securities as the commissioner may approve. If made with the state treasurer, such deposit shall not be returned to the society until it has ceased to transact business in the commonwealth, nor until the commissioner is satisfied that the society is under no obligation to members, certificate holders or other persons in this commonwealth or in any other state of the United States for whose benefit such deposit was made, nor until he has given his written consent to such return. The commissioner may, in any case, authorize in writing the return to the society of any excess of any such deposit over the amount required by this section if he is satisfied that such return will not be prejudicial to the interests of its members, certificate holders or creditors.
Structure Massachusetts General Laws
Part I - Administration of the Government
Chapter 176p - Limited Societies
Section 3 - Representative Government; Elections; Meetings; Record
Section 4 - Limitation of Membership
Section 5 - Exemption From Certain Laws
Section 6 - Formation of Corporation; Purposes; Association Agreement
Section 7 - First Meeting; Notice; Adoption of By-Laws; Filing of Certificate
Section 11 - Limited Societies; Change of Location of Business; Change of Purpose of Corporation
Section 13 - Death Funds; Emergency Funds; Disability Funds
Section 13a - By-Laws; Creation of Independent Hospitalization and Medical Services Fund
Section 18 - Investment of Funds
Section 19a - Death Benefits Payable as Annuities
Section 20 - Death Benefit Certificates
Section 21 - Death or Annuity Benefits; Beneficiaries Designated by Members
Section 22 - Funeral Expenses of Insureds
Section 24 - Death Benefit Certificates as to Children
Section 26 - Separation of Assets, Funds and Liabilities
Section 27 - Mingling of Certain Funds
Section 28 - Actions by Beneficiaries
Section 29 - Attachment or Taking of Benefits to Pay Debt of Member or Beneficiary
Section 30 - Exemption From Attachment or Execution
Section 31 - Admission of Persons to Beneficial Membership
Section 32 - Constitution and By-Laws of Society; Amendments
Section 32a - Fraudulent Alteration or Concealment of Records
Section 33 - Location of Meetings; Location of Principal Office
Section 34 - Waiver of Constitutional Provisions
Section 35 - Filing Certified Copies of Amendments to Constitution or By-Laws With Commissioner
Section 37 - Copy of Commissioner's Examination Reports Served on Societies
Section 37a - Disbursements Made by Societies; Requirements
Section 38 - Annual Statement of Society's Condition and Standing
Section 38a - Applicability of Chapter 176v to a Limited Society Governed by This Chapter
Section 38b - Applicability of Chapter 176w to a Limited Society Governed by This Chapter
Section 39 - Annual Valuation Report in Addition to Annual Statement; Societies on Lodge System
Section 39a - Valuation of Bonds or Other Evidence of Debt
Section 41 - Licenses for Foreign Societies to Transact Business in Commonwealth
Section 42 - Foreign Societies; Service of Process
Section 42a - Foreign Societies; Deposit
Section 43 - Foreign Societies; Refusal to Issue License; Revocation of License
Section 44 - Foreign Societies; Examination by Commissioner
Section 46a - Subordinate Lodge of Society; Ritualistic Form of Work; Disability Benefits
Section 46b - Incorporated Domestic Society Transacting Business Under Sec. 45 or 46; Real Estate
Section 46c - Society Subject to Sec. 45 or 46; Payment of Benefits
Section 47 - Jurisdiction of Superior Court in Equity
Section 49 - Unauthorized Solicitation; Penalties