South Dakota Codified Laws
Chapter 37A - Fraternal Benefit Societies
Section 58-37A-11 - Amendments to society laws--Adoption--Filing--Printing as prima facie evidence.

58-37A-11. Amendments to society laws--Adoption--Filing--Printing as prima facie evidence.
A domestic society may amend its laws in accordance with the provisions of this chapter by action of its supreme governing body at any regular or special meeting or, if its laws so provide, by referendum. A referendum may be held in accordance with the provisions of its laws by the vote of the voting members of the society, by the vote of delegates or representatives of voting members or by the vote of local lodges. A society may provide for voting by mail. No amendment submitted for adoption by referendum may be adopted unless, within six months from the date of submission, two-thirds of the members voting have signified their consent to the amendment by one of the methods specified.
No amendment to the laws of any domestic society may take effect unless approved by the director who shall approve the amendment if the director finds that it has been duly adopted and is not inconsistent with any requirement of the laws of this state or with the character, objects and purposes of the society. Unless the director disapproves the amendment within sixty days after the filing of it, the amendment shall be considered approved. The approval or disapproval of the director shall be in writing and mailed to the secretary or corresponding officer of the society at its principal office. If the director disapproves the amendment, the reasons shall be stated in the written notice.
Within ninety days from the approval by the director, each amendment, or a synopsis of the amendment, shall be furnished to all members of the society either by mail or by publication in full in the official publication of the society. The affidavit of any officer of the society or of anyone authorized by it to mail each amendment or synopsis, stating facts which show that same have been addressed and mailed, is prima facie evidence that the amendment or synopsis has been furnished to the addressee.
Every foreign or alien society authorized to do business in this state shall file with the director a certified copy of all amendments of, or additions to, its laws within thirty days after their enactment.
Printed copies of the laws as amended, certified by the secretary or corresponding officer of the society are prima facie evidence of their legal adoption.

Source: SL 1990, ch 410, ยง11.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 58 - Insurance

Chapter 37A - Fraternal Benefit Societies

Section 58-37A-1 - Fraternal benefit society defined.

Section 58-37A-2 - Lodge system--Regular meetings--Lodges for children.

Section 58-37A-3 - Representative form of government determined.

Section 58-37A-4 - Definition of terms.

Section 58-37A-5 - Benefits and purposes of society--Power to adopt laws and rules for governing the society.

Section 58-37A-6 - Specification of laws or rules--Membership rights.

Section 58-37A-7 - Location of office and meetings--Official publication--Annual synopsis--Grievance procedures provided.

Section 58-37A-8 - Liability of officers and members of governing body--Indemnification and reimbursement--Insurance--Liability of noncompensated member.

Section 58-37A-9 - Provisions of laws may not be waived.

Section 58-37A-10 - Procedure for formation of a society--Transaction by unincorporated society is a misdemeanor.

Section 58-37A-11 - Amendments to society laws--Adoption--Filing--Printing as prima facie evidence.

Section 58-37A-12 - Nonprofit organization created by society.

Section 58-37A-13 - Reinsurance agreement--Ceding risks.

Section 58-37A-14 - Consolidation or merger.

Section 58-37A-15 - Conversion into life insurance company--Plan--Approval.

Section 58-37A-16 - Contractual benefits allowed.

Section 58-37A-17 - Beneficiary designations--Funeral benefits.

Section 58-37A-18 - Money or other benefits not attachable for individual debts.

Section 58-37A-19 - Benefit certificates.

Section 58-37A-20 - Basis for computing value of nonforfeiture benefits.

Section 58-37A-21 - Authorized investments.

Section 58-37A-22 - Permissible use of assets and special funds--Establishing separate accounts and issuing contracts.

Section 58-37A-23 - Exemption from other insurance laws.

Section 58-37A-24 - Exemption from certain taxes.

Section 58-37A-25 - Standards of valuation for certificates--Maintenance of excess reserves.

Section 58-37A-26 - Annual statement of affairs--Valuation of certificates--Filing requirements.

Section 58-37A-27 - License to transact business--Annual expiration and renewal--License fee--Copy of license as evidence.

Section 58-37A-28 - Examination of domestic, foreign, and alien societies--Requirements--Responsibility for expenses--Report of examination.

Section 58-37A-29 - Foreign or alien society--Qualifications and procedure for admission to transact business in state.

Section 58-37A-33 - Insurance producers--When license is required.

Section 58-37A-34 - Applicability of unfair trade prohibitions--Determination of membership requirements and to whom benefits offered.

Section 58-37A-35 - Appointment of director as attorney for service of process--Copy forwarded to secretary of society--Time for filing answer--Fee paid by plaintiff.

Section 58-37A-36 - Fraudulent statements, and soliciting membership in unlicensed societies as crimes.

Section 58-37A-37 - Judicial review of actions of director.

Section 58-37A-38 - Exempt societies--Allowance of compensation for procuring new members prohibited--Director to determine exemption--Exempt societies not subject to insurance laws.

Section 58-37A-38.1 - Inapplicability of subdivision 58-37A-38(2) to certain societies, orders, and associations.

Section 58-37A-39 - Application of other provisions.