South Carolina Code of Laws
Chapter 38 - Fraternal Benefit Societies
Section 38-38-250. Consolidation or merger of domestic societies.

(A) A domestic society may consolidate or merge with another society by complying with the applicable provisions of Chapter 21 of this title and Regulation 69-14. It shall file with the director or his designee:
(1) the information required by Regulation 69-14;
(2) a certified copy of the written contract containing in full the terms and conditions of the consolidation or merger;
(3) a sworn statement by the president and secretary or corresponding officers of each society showing the financial condition the societies on a date fixed by the director or his designee, but not earlier than December thirty-first next preceding the date of the contract;
(4) a certificate of the officers, verified by the respective oaths, that the consolidation or merger has been approved by a two-thirds vote of the supreme governing body of each society; this vote must be conducted at a regular or special meeting of each body or, if the society's bylaws permit, by mail; and
(5) evidence that, at least sixty days before the action of the supreme governing body of each society, the text of the contract was furnished to all members of each society either by mail or by publication in full in the official publication of each society.
(B) If the director or his designee finds that the transaction is in conformity with the provisions of this section, that the financial statements are correct, and that the consolidation or merger is just and equitable to the members of each society, the director or his designee shall approve the transaction and issue a certificate to that effect. Upon this approval, the contract is in full force and effect, unless a society which is a party to the contract is incorporated under the laws of another state or territory. In that event, the consolidation or merger does not become effective unless and until it has been approved as provided by the laws of that other state or territory and a certificate of that approval has been filed with the director or his designee of this State. If the laws of the other state or territory contain no such provision, then the consolidation or merger does not become effective unless and until it has been approved by the director of insurance, or equivalent official, of that state or territory and a certificate of the approval has been filed with the director or his designee of this State.
(C) Upon the consolidation or merger becoming effective, all the rights, franchises, and interests of the consolidated or merged societies in and to every species of property, real, personal, or mixed, and things in action belonging to the same are vested in the society resulting from or remaining after the consolidation or merger without another instrument, except that conveyances of real property may be evidenced by proper deeds, and the title to a real estate or interest in real estate, vested under the laws of this State in any of the societies consolidated or merged does not revert, nor is in any way impaired, by reason of the consolidation or merger but vests absolutely in the society resulting from or remaining after the consolidation or merger.
(D) The affidavit of an officer of the society or of anyone authorized by it to mail a notice or document, stating that the notice or document has been duly addressed and mailed, is prima facie evidence that the notice or document has been furnished the addressees.
HISTORY: 2000 Act No. 259, Section 1.

Structure South Carolina Code of Laws

South Carolina Code of Laws

Title 38 - Insurance

Chapter 38 - Fraternal Benefit Societies

Section 38-38-10. Fraternal benefit society defined.

Section 38-38-20. Lodge system operating requirements; lodges for children.

Section 38-38-30. Representative form of government requirements.

Section 38-38-40. Definitions.

Section 38-38-50. Operation for benefit of members; power to adopt bylaws and rules.

Section 38-38-110. Membership provisions in bylaws or rules.

Section 38-38-120. Principal place of business; publication of required notice; annual statement of condition; grievance procedure.

Section 38-38-130. Liability of officers for benefit payments; civil action expense indemnification; liability insurance coverage for officers; cause of action against officers.

Section 38-38-140. Waiver of bylaw provisions.

Section 38-38-210. Requirements for formation of domestic society.

Section 38-38-220. Amendment of bylaws; notice to director.

Section 38-38-230. Not-for-profit institutions for benefit of members.

Section 38-38-240. Reinsurance.

Section 38-38-250. Consolidation or merger of domestic societies.

Section 38-38-260. Reorganization into mutual life insurer.

Section 38-38-310. Contractual benefits allowed; persons covered.

Section 38-38-320. Designation and change of beneficiary; payment of death benefits.

Section 38-38-330. Attachment, garnishment or seizure of benefits.

Section 38-38-340. Benefit certificates; subsequent bylaw changes; impaired reserves; evidence of terms and conditions; approval of certificates by director; transfer of ownership on gaining majority; assignment.

Section 38-38-350. Application of laws of State.

Section 38-38-410. Authorized investments.

Section 38-38-420. Assets to be held for use and benefit of society; special funds and accounts.

Section 38-38-430. Governance by chapter.

Section 38-38-440. Designation as charitable and benevolent institution.

Section 38-38-510. Standards of valuation for certificates; maintenance of excess reserves.

Section 38-38-520. Required statements and reports; penalties.

Section 38-38-530. Renewal of licenses; fees; license as prima facie evidence.

Section 38-38-540. Examination; notice of examination.

Section 38-38-550. Authorization to transact business in State; what to file with director.

Section 38-38-560. Operating deficiencies of domestic society; notice and correction; voluntarily discontinuing business.

Section 38-38-570. Operating deficiencies of foreign society; notice and correction; hearing; revocation of authority to do business; continuation of contracts.

Section 38-38-580. Injunctions.

Section 38-38-590. Licensing of agents.

Section 38-38-600. Applicability of general insurance provisions; membership requirements exception.

Section 38-38-710. Appointment of director as legal attorney for service of process.

Section 38-38-720. False statement or misrepresentation with intent to defraud; penalties.

Section 38-38-730. Societies and associations exempted from provisions of chapter.

Section 38-38-740. Review of findings of director.