A. All assets shall be held, invested and disbursed for the use and benefit of the society and no member or beneficiary shall have or acquire individual rights therein or become entitled to any apportionment on the surrender of any part thereof, except as provided in the benefit contract.
B. A society may create, maintain, invest, disburse and apply any special fund or funds necessary to carry out any purpose permitted by the laws of such society.
C. A society may, pursuant to resolution of its supreme governing body, establish and operate one or more separate accounts and issue contracts on a variable basis, subject to the provisions of law regulating life insurers establishing such accounts and issuing such contracts. To the extent the society deems it necessary in order to comply with any applicable federal or state laws, or any rules issued thereunder, the society may adopt special procedures for the conduct of the business and affairs of a separate account, may, for persons having beneficial interests therein, provide special voting and other rights, including without limitation special rights and procedures relating to investment policy, investment advisory services, selection of certified public accountants and selection of a committee to manage the business and affairs of the account, and may issue contracts on a variable basis to which Subsections B and D of Section 59A-44-19 NMSA 1978 shall not apply.
History: 1978 Comp., § 59A-44-22, enacted by Laws 1989, ch. 388, § 22.
Repeals and reenactments. — Laws 1989, ch. 388, § 22, repealed 59A-44-22 NMSA 1978, as enacted by Laws 1984, ch. 127, § 807, relating to waiver, and enacted a new section, effective January 1, 1990.
Structure New Mexico Statutes
Article 44 - Fraternal Benefit Societies
Section 59A-44-1 - Fraternal benefit societies.
Section 59A-44-2 - Lodge system.
Section 59A-44-3 - Representative form of government.
Section 59A-44-4 - Definitions.
Section 59A-44-5 - Purposes and powers.
Section 59A-44-6 - Qualifications for membership.
Section 59A-44-7 - Location of office; meetings; communications to members; grievance procedures.
Section 59A-44-8 - No personal liability.
Section 59A-44-10 - Organization.
Section 59A-44-11 - Amendments to laws.
Section 59A-44-12 - Institutions.
Section 59A-44-13 - Reinsurance.
Section 59A-44-14 - Consolidations and mergers.
Section 59A-44-15 - Conversion of society into a mutual life insurance company.
Section 59A-44-17 - Beneficiaries.
Section 59A-44-18 - Benefits not attachable.
Section 59A-44-19 - The benefit contract.
Section 59A-44-21 - Investments.
Section 59A-44-23 - Exemptions.
Section 59A-44-25 - Valuation.
Section 59A-44-27 - Certificates of authority.
Section 59A-44-28 - Examination of societies; no adverse publications.
Section 59A-44-29 - Foreign or alien society.
Section 59A-44-30 - Injunction; liquidation; receivership of domestic society.
Section 59A-44-31 - Suspension, revocation or refusal of license of foreign or alien society.
Section 59A-44-32 - Injunction.
Section 59A-44-33 - Licensing of agents.
Section 59A-44-34 - Unfair methods of competition and unfair and deceptive acts and practices.
Section 59A-44-35 - Service of process.
Section 59A-44-36 - Fee schedule.
Section 59A-44-37 - Carrie Tingley crippled children's hospital fund.
Section 59A-44-39 - Penalties.
Section 59A-44-40 - Exemption of certain societies.
Section 59A-44-41 - Applicability of Insurance Code.
Section 59A-44-42 - Severability.