(a) Upon a reorganization plan taking effect in accordance with this article, the corporate existence of the mutual insurance company shall continue in the reorganized stock company. On the effective date of the reorganization, all of the assets, rights, franchises and interests of the mutual insurance company in and to every species of property whether real, personal, or mixed and in any accompanying causes of action shall be vested in the reorganized stock company without any deed or transfer, and a reorganized stock company shall assume all of the obligations and liabilities of the mutual insurance company.
(b) Unless otherwise specified in a reorganization plan, those persons who are the directors and officers of a mutual insurance company on the effective date of the reorganization shall serve as the directors and officers of the reorganized stock company until new directors and officers are elected pursuant to the recognized stock companys articles of incorporation.
Structure West Virginia Code
Article 27A. West Virginia Mutual to Mutual Insurance Holding Company Act
§33-27A-4. Voting Rights of Mutual Policyholders Regarding Reorganization; Notice of Public Hearing
§33-27A-5. Review of Plan by Insurance Commissioner; Filing Requirements
§33-27A-6. Amending Articles of Incorporation of Mutual Holding Company
§33-27A-7. Corporate Existence of Mutual Company Continue in Recognized Stock Company
§33-27A-8. Payment of Costs and Expenses of Reorganization
§33-27A-9. Reorganization of Mutual Company
§33-27A-10. Membership Interest in Mutual Company
§33-27A-11. Applicability of Other Laws
§33-27A-12. Holding Company Treated as Insurer