Amendment of Laws; Referendum; Approval of Commissioner

  1. Law
  2. Georgia Code
  3. Insurance
  4. Fraternal Benefit Societies
  5. Formation and Petitions for Charter; Amendments of Laws; Reinsurance; Consolidations and Mergers; Conversions
  6. Amendment of Laws; Referendum; Approval of Commissioner

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  1. A domestic society may amend its laws in accordance with the provisions thereof by action of its supreme governing body at any regular or special meeting thereof or, if its laws so provide, by referendum. Such 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 shall be adopted unless, within six months from the date of submission thereof, a majority of the members voting shall have signified their consent to such amendment by one of the methods specified in this Code section. Charter amendments shall be filed in triplicate with the Commissioner, published, and approved only under the procedure established in Code Section 33-14-8.
  2. No amendment to the laws of any domestic society shall take effect unless approved by the Commissioner and granted by the Secretary of State as provided in Code Section 33-14-8.The Commissioner and Secretary of State shall approve the amendment if they find 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 Commissioner shall disapprove any such amendment within 30 days after the filing of same, such amendment shall be considered approved.The approval or disapproval of the Commissioner shall be forwarded, in writing, to the Secretary of State and also mailed to the secretary or corresponding officer of the society at its principal office.If the Commissioner disapproves such amendment, the reasons therefor shall be stated in such written notice.Amendments to charters shall not be effective until granted by the Secretary of State.
  3. Within 90 days from the approval thereof by the Commissioner, all such amendments or a synopsis thereof 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 any amendments or synopsis thereof, stating facts which show that same have been duly addressed and mailed, shall be prima-facie evidence that such amendments or synopsis thereof have been furnished the addressee.
  4. Every foreign or alien society authorized to do business in this state shall file with the Commissioner a duly certified copy of all amendments of, or additions to, its laws within 30 days after the enactment of same.
  5. Printed copies of the laws as amended, certified by the secretary or corresponding officer of the society, shall be prima-facie evidence of the legal adoption thereof.

(Code 1981, §33-15-41, enacted by Ga. L. 1993, p. 1744, § 1; Ga. L. 2000, p. 1307, § 6.)


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