Any incorporated society, order or supreme lodge, without capital stock, including one exempted under the provisions of Paragraph (2) of Subsection A of Section 59A-44-40 NMSA 1978, whether incorporated or not, conducted solely for the benefit of its members and their beneficiaries and not for profit, operated on a lodge system with ritualistic form of work, having a representative form of government, and which provides benefits in accordance with Chapter 59A, Article 44 NMSA 1978, is hereby declared to be a fraternal benefit society.
History: 1978 Comp., § 59A-44-1, enacted by Laws 1989, ch. 388, § 1.
ANNOTATIONSRepeals and reenactments. — Laws 1989, ch. 388, § 1, repealed 59A-44-1 NMSA 1978, as enacted by Laws 1984, ch. 127, § 786, relating to the definition of fraternal benefit societies, and enacted a new section, effective January 1, 1990.
Insurance only incidental part of organization's purpose. — The fraternal benefit societies and the insurance available to a member of such fraternal society is contemplated in the law to be an incidental part of the operation of a lodge or fraternal organization. It is not contemplated that a lodge or fraternal organization set itself up with the sole purpose of insuring members. This would be in direct contravention of the statutes relating to the fraternal benefit societies and lodges, which organizations and lodges frequently provide insurance for the members of that organization as an additional service to the members. 1953 Op. Att'y Gen. No. 53-5671.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 36 Am. Jur. 2d Fraternal Orders and Benefit Societies § 1.
Benefit or fraternal societies as insurance companies, 63 A.L.R. 735, 100 A.L.R. 1449, 119 A.L.R. 1241.
10 C.J.S. Beneficial Associations § 2.