Section 45. (a) Domestic societies governed by direct vote of their members and limiting their membership as provided in section 4 and domestic fraternal benefit corporations limiting their membership to the permanent employees of cities or towns, the commonwealth or the federal government, and not paying death benefits, but paying annuities or gratuities contingent upon disability or long service, may continue to transact business in the commonwealth. Such corporations and like societies incorporated under this chapter shall be governed by sections 4 to 11, inclusive, sections 14, 18 and 21, so far as the same are applicable, sections 22, 29, 30, 32, 36 to 38, inclusive, sections 47, 47A, 48 and 49 of this chapter and section 5 of chapter 59, and in addition by the following provisions:
(1) the officers of such limited corporations shall be elected by ballot by the members as often as once in two years;
(2) proxies shall not be used in voting;
(3) no person under 16 years of age shall be admitted to membership;
(4) the recording officer of such a corporation shall file with the commissioner amendments to its by-laws, in English, within 30 days after their adoption and shall likewise file forthwith a duly certified copy of its by-laws whenever the commissioner requires in writing;
(5) such equitable assessments, either periodical or otherwise, shall be made upon the members as shall be necessary to carry out the purposes of the organization;
(6) paid agents shall not be employed in soliciting or procuring members, except that corporations which limit their certificate holders to a particular fraternity or which provide for stated periodical contributions sufficient to meet the mortuary obligations contracted, when valued upon the basis of the National Fraternal Congress Table of Mortality as adopted by the National Fraternal Congress on August 23, 1899, or any higher standard, with interest assumption not more than 4 per cent per annum, may pay members for securing new members, and any corporation may pay local collectors.
(b) A corporation subject to this section may furnish physicians and nurses for its members and their families or pay for the services of physicians or nurses engaged by its members for the care of themselves or their families. The expense incurred under this section by any such corporation in any year shall not exceed $5,000 in the aggregate, and shall not exceed $100 in the case of any member thereof and his family.
(c) No corporation formed after January 1, 1912, unless it confines its membership to that of a particular fraternity in any one country, or to a lodge of some fraternity, or to the employees or ex-employees of cities or towns or of the commonwealth or of the federal government, shall contract to pay benefits to its members until it shall satisfy the commissioner that it has received at least 500 bona fide applications for membership. With the written approval of the commissioner and the consent of each corporation expressed by vote at a duly-called meeting, any corporation governed by this section may transfer its membership and funds to any other domestic society organized under this chapter.
(d) Whoever violates any provision of this section shall be punished as provided in section 50.
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