Representative Form of Government; Supreme Governing Body; Officers

  1. Law
  2. Georgia Code
  3. Insurance
  4. Fraternal Benefit Societies
  5. Organization and Governance; Definitions
  6. Representative Form of Government; Supreme Governing Body; Officers

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A society has a representative form of government when:

  1. It has a supreme governing body constituted in one of the following ways:
    1. The supreme governing body is an assembly composed of delegates elected directly by the members or at intermediate assemblies or conventions of members or their representatives, together with other delegates as may be prescribed in the society's laws.A society may provide for election of delegates by mail.The elected delegates shall constitute a majority in number and shall not have less than a majority of the votes and not less than the number of votes required to amend the society's laws.The assembly shall be elected and shall meet at least once every four years and shall elect a board of directors to conduct the business of the society between meetings of the assembly.Vacancies on the board of directors between elections may be filled in the manner prescribed by the society's laws; or
    2. The supreme governing body is a board composed of persons elected by the members, either directly or by their representatives in intermediate assemblies, and any other persons prescribed in the society's laws.A society may provide for election of the board by mail.Each term of a board member may not exceed four years.Vacancies on the board between elections may be filled in the manner prescribed by the society's laws.Those persons elected to the board shall constitute a majority in number and not less than the number of votes required to amend the society's laws.A person filling the unexpired term of an elected board member shall be considered to be an elected member. The board shall meet at least quarterly to conduct the business of the society;
  2. The officers of the society are elected either by the supreme governing body or by the board of directors;
  3. Only benefit members are eligible for election to the supreme governing body, the board of directors, or any intermediate assembly; and
  4. Each voting member shall have one vote and no vote may be cast by proxy.

(Code 1981, §33-15-3, enacted by Ga. L. 1993, p. 1744, § 1.)

Cross references.

- Duty of foreign or alien societies to file copies of amendments to charter, constitution, or laws with Commissioner, § 33-15-104.

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, annotations decided under former Code 1933, § 56-1610 are included in the annotations for this Code section.

New bylaw not affecting substantial right held applicable to outstanding certificates.

- Under former Code 1933, § 56-1610, providing that any changes or amendments to the charter, constitution, or laws enacted subsequently to the issuance of a fraternal benefit certificate would bind the member and the member's beneficiaries and govern and control the agreements in all respects the same as though such changes, additions, or amendments had been made prior to and were in force at the time of the application for membership, a bylaw, reasonable and not affecting a valid, substantial right passed after a certificate was issued to a member of an insurance society, and before the cause of action arose, was binding upon the member even though it did not specifically provide that it would apply to certificates issued before its passage. Sovereign Camp, W.O.W. v. Gunter, 59 Ga. App. 189, 200 S.E. 181 (1938) (decided under former Code 1933, § 56-1610).

RESEARCH REFERENCES

Am. Jur. 2d.

- 36 Am. Jur. 2d, Fraternal Orders and Benefit Societies, § 10 et seq.

C.J.S.

- 10 C.J.S., Beneficial Associations, §§ 18 et seq., 30 et seq.

ALR.

- Changes in regard to benefits by subsequent amendments of bylaws or constitution of mutual benefit society, 171 A.L.R. 7


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