(a) A society has a representative form of government when 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 member may not exceed four years, except that the commissioner has the discretion to approve completion of a term of office exceeding four years where the board member completing the term was elected pursuant to clause (1). Vacancies on the board between elections 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) A society has a representative form of government when the officers of the society are elected either by the supreme governing body or by the board of directors.
(c) A society has a representative form of government when only benefit members are eligible for election to the supreme governing body and the board of directors.
(d) A society has a representative form of government when each voting member shall have one vote and no vote may be cast by proxy.
1985 c 49 s 3; 1986 c 313 s 8; 2000 c 304 s 2
Structure Minnesota Statutes
Chapters 59A - 79A — Insurance
Chapter 64B — Fraternal Benefit Societies
Section 64B.01 — Fraternal Benefit Societies.
Section 64B.02 — Lodge System.
Section 64B.03 — Representative Form Of Government.
Section 64B.05 — Purposes And Powers.
Section 64B.06 — Qualifications For Membership.
Section 64B.07 — Location Of Office, Meetings, Communications To Members, Grievance Procedures.
Section 64B.08 — Personal Liability; Indemnification; Insurance; Advances.
Section 64B.10 — Organization.
Section 64B.11 — Amendments To Laws.
Section 64B.12 — Institutions.
Section 64B.14 — Consolidations And Mergers.
Section 64B.15 — Conversion Of Fraternal Benefit Society Into Mutual Life Insurance Company.
Section 64B.17 — Beneficiaries.
Section 64B.18 — Benefits Not Attachable.
Section 64B.19 — Benefit Contract.
Section 64B.27 — Annual License.
Section 64B.28 — Examination Of Societies; No Adverse Publications.
Section 64B.29 — Foreign Or Alien Society; Admission.
Section 64B.30 — Domestic Associations; Examination; Rehabilitation; Dissolution.
Section 64B.31 — Suspension, Revocation, Or Refusal Of License Of Foreign Or Alien Society.
Section 64B.33 — Licensing Of Agents.
Section 64B.34 — Unfair Methods Of Competition And Unfair And Deceptive Acts And Practices.
Section 64B.35 — Service Of Process.
Section 64B.38 — Certain Organizations Exempt.
Section 64B.39 — Beneficiary Associations.
Section 64B.41 — Risk-based Capital Reports.
Section 64B.42 — Fraternal Action Level Event.
Section 64B.43 — Fraternal Authorized Control Level Event; Domestic Societies.
Section 64B.45 — Prohibition On Announcements.