Vermont § 4464 - Organization The organization of a society shall be governed as follows: (1) Seven or more citizens of the United States, a majority of whom are citizens of this

§ 4464. Organization The organization of a society shall be governed as follows: (1) Seven or more citizens of the United States, a majority of whom are citizens of this

• State, who desire to form a fraternal benefit society, may make, sign, and acknowledge
  before some officer, competent to take acknowledgments of deeds, articles of incorporation,
  in which shall be stated: (A) The proposed corporate name of the society, which shall not so closely resemble the
  name of any society or insurance company as to be misleading or confusing; (B) The purposes for which it is being formed and the mode in which its corporate powers
  are to be exercised. The purposes shall not include more liberal powers than are
  granted by this chapter, provided that any lawful, social, intellectual, educational,
  charitable, benevolent, moral, fraternal, or religious advantages may be set forth
  among the purposes of the society; and (C) The names and residences of the incorporators and the names, residences, and official
  titles of all the officers, trustees, directors, or other persons who are to have
  and exercise the general control of the management of the affairs and funds of the
  society for the first year or until the ensuing election at which all the officers
  shall be elected by the supreme legislative or governing body, which election shall
  be held not later than one year from the date of the issuance of the permanent certificate. (2) The articles of incorporation, duly certified copies of the constitution, laws, and
  rules, copies of all proposed forms of certificates, applications therefor, and circulars
  to be issued by the society and a bond conditioned upon the return to applicants of
  the advanced payments if the organization is not completed within one year shall be
  filed with the Commissioner, who may require such further information as the Commissioner
  deems necessary. The bond with sureties approved by the Commissioner shall be in such
  amount, not less than $5,000.00 nor more than $25,000.00 as required by the Commissioner.
  All documents filed shall be in the English language. If the purposes of the society
  conform to the requirements of this chapter and all provisions of the law have been
  complied with, the Commissioner shall so certify, retain, and file the articles of
  incorporation and furnish the incorporators a preliminary certificate authorizing
  the society to solicit members as provided in this section. (3) A preliminary certificate granted under the provisions of this section shall be valid
  for one year or for a further period, not exceeding one year, as may be authorized
  by the Commissioner upon cause shown, unless the 500 applicants required have been
  secured and the organization has been completed as provided in this section. The articles
  of incorporation and all other proceedings thereunder shall become null and void one
  year from the date of the preliminary certificate, or at the expiration of the extended
  period, unless the society has completed its organization and received a certificate
  of authority to do business as provided in this section. (4) Upon receipt of a preliminary certificate from the Commissioner, the society may solicit
  members for the purpose of completing its organization, shall collect from each applicant
  the amount of not less than one regular monthly premium in accordance with its table
  of rates as provided by its constitution and laws, and shall issue to each such applicant
  a receipt for the amount so collected. No society may incur any liability other than
  for the return of the advance premium, nor issue any certificate, nor pay, allow,
  or offer or promise to pay or allow, any death or disability benefit to any person
  until: (A) actual bona fide applications for death benefits have been secured aggregating at
  least $500,000.00 on not less than 500 lives; (B) all such applicants for death benefits shall have furnished evidence of insurability
  satisfactory to the society; (C) certificates of examinations or acceptable declarations of insurability have been
  duly filed and approved by the chief medical examiner of the society; (D) ten subordinate lodges or branches have been established into which the 500 applicants
  have been admitted; (E) there has been submitted to the Commissioner under oath of the president or secretary,
  or corresponding officer of the society, a list of the applicants, giving their names,
  addresses, date each was admitted, name and number of the subordinate branch of which
  each applicant is a member, amount of benefits to be granted, and premiums therefor;
  and (F) it has been shown to the Commissioner, by sworn statement of the treasurer, or corresponding
  officer of the society, that at least 500 applicants have each paid in cash at least
  one regular monthly premium as provided in this section, which premiums in the aggregate
  shall amount to at least $2,500.00, all of which have been credited to the fund or
  funds from which benefits are to be paid and no part of which may be used for expenses.
  The advance premiums shall be held in trust during the period of organization, and
  if the society has not qualified for a certificate of authority within one year, as
  provided in this section, the premiums shall be returned to the applicants. (5) The Commissioner of Financial Regulation may make such examination and require such
  further information as he or she deems advisable. Upon presentation of satisfactory
  evidence that the society has complied with all the provisions of law, he or she shall
  issue to the society a certificate to that effect and that the society is authorized
  to transact business pursuant to the provisions of this chapter. The certificate
  shall be prima facie evidence of the existence of the society at the date of the certificate.
  The Commissioner of Financial Regulation shall cause a record of the certificate to
  be made. A certified copy of the record may be given in evidence with like effect
  as the original certificate. (6) Every society shall have the power to adopt a constitution and laws for the government
  of the society, the admission of its members, the management of its affairs, and the
  fixing and readjusting of the rates of its members from time to time. It shall have
  the power to change, alter, add to, or amend the constitution and laws and shall have
  such other powers as are necessary and incidental to carrying into effect the objects
  and purposes of the society. (Added 1959, No. 197, § 4, eff. Nov. 22, 1959; amended 1989, No. 225 (Adj. Sess.), § 25; 1995, No. 180 (Adj. Sess.), § 38; 2011, No. 78 (Adj. Sess.), § 2, eff. April 2, 2012; 2021, No. 105 (Adj. Sess.), § 186, eff. July 1, 2022.)