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<section article="gin" article_name="Insurance" number="8-438" title_number="8" title_name="Entities That Act as Insurers" subtitle_number="4" subtitle_name="Fraternal Benefit Societies">
  <level label="a">
    <text>A society may consolidate or merge with another society as provided in this section.</text>
  </level>
  <level label="b">
    <text>The society shall file with the Commissioner:</text>
    <level label="1">
      <text>a certified copy of the written contract that contains the terms and conditions of the consolidation or merger;</text>
    </level>
    <level label="2">
      <text>a statement verified under oath by the president and secretary or equivalent officers of each society party to the contract that shows the financial condition of the society on a date set by the Commissioner, but not before December 31 preceding the date of the contract;</text>
    </level>
    <level label="3">
      <text>a certificate verified under oath by the officers described in item (2) of this subsection that states that the consolidation or merger was approved by a two-thirds vote of the supreme legislative or governing body of each society; and</text>
    </level>
    <level label="4">
      <text>evidence that, at least 60 days before the approval of the supreme legislative or governing body of each society, the text of the contract was mailed to each member of each society or was published in full in the official publication of that society.</text>
    </level>
  </level>
  <level label="c">
    <text>The affidavit of an officer of the society or an individual authorized by the society to mail a notice or document, stating that the text of the contract was properly addressed and mailed, is prima facie evidence that the text was provided to the addressee.</text>
  </level>
  <level label="d">
    <text>The Commissioner shall approve the contract and issue a certificate of approval if the Commissioner finds that:</text>
    <level label="1">
      <text>the society has complied with the provisions of this section;</text>
    </level>
    <level label="2">
      <text>the financial statements are correct; and</text>
    </level>
    <level label="3">
      <text>the consolidation or merger is equitable to the members of each society party to the contract.</text>
    </level>
  </level>
  <level label="e">
    <level label="1">
      <text>Unless a society party to the contract is incorporated under the laws of another state, the contract is effective on approval.</text>
    </level>
    <level label="2">
      <text>If a society party to the contract is incorporated under the laws of another state, the consolidation or merger is not effective:</text>
      <level label="i">
        <text>until it is approved under the laws of the other state and a certificate of the approval is filed with the Commissioner; or</text>
      </level>
      <level label="ii">
        <text>if the laws of the other state do not provide for approval, until it is approved by the insurance supervisory official of the other state and a certificate of the approval is filed with the Commissioner.</text>
      </level>
    </level>
  </level>
</section>
