Section 8. (a) The commissioner shall then furnish the incorporators of any such society, if on the lodge plan, with a preliminary license, authorizing it to solicit members for the purpose of completing its organization.
(b) A society shall collect from each applicant the amount of not more than one periodical benefit assessment or payment, in accordance with its tables of rates as provided by its constitution and by-laws, and shall issue to every such applicant a receipt for the amount so collected. But no such society shall incur any liability other than for such advance payments, nor issue any benefit certificate, nor pay or allow or offer or promise to pay or allow, to any person any death or disability benefit until:
(1) actual bona fide applications for death or disability benefit certificates, as the case may be, have been secured from at least 500 persons; and
(2) all such applicants for death benefits have been regularly examined by legally qualified practicing physicians; and
(3) certificates of such examinations have been duly filed and approved by the chief medical examiner of the society; and
(4) ten subordinate lodges or branches have been established in which such 500 applicants have been initiated; and
(5) there has been submitted to the commissioner, on oath of the president and secretary or corresponding officers of such society, a list of such applicants, giving their names, addresses, date of examination, date of approval, date of initiation, name and number of the subordinate branch of which each applicant is a member, amount of benefits to be granted, and rate of regular payments or assessments, which for societies offering death benefits shall not be lower for death benefits than those required by the National Fraternal Congress Table of Mortality as adopted by the National Fraternal Congress on August 23, 1899, or any higher standard at the option of the society, with an interest assumption not higher than 4 per cent per annum; and
(6) it shall be shown to the commissioner, by the sworn statement of the treasurer or corresponding officer of such society, that at least 500 applicants for death benefits have each paid in cash one regular payment or assessment as provided in this section, and the payments in the aggregate shall amount to at least $25,000, all of which shall be credited to the mortuary or disability or hospitalization and medical service fund on account of the applicants, and no part of which may be used for expenses.
(c) Such advance payments shall, during the period of organization, be held in trust for the applicants, and if the organization is not completed within one year as provided in this chapter, shall be returned to them.
(d) The commissioner may make such examination and require such further information, as the commissioner deems advisable, and upon presentation of satisfactory evidence that the society has complied with all the provisions of this chapter, the commissioner shall issue to the society a certificate to that effect.
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