State Codes and Statutes

Statutes > New-jersey > Title-17 > Section-17-35 > 17-35-14-1

17:35-14.1.  Mutual life insurance company, conversion of assessment company  into;  requirements
    Any assessment life insurance company incorporated under chapter one hundred  forty-seven of the laws of one thousand eight hundred and ninety-seven, now  chapter thirty-five of Title 17 of the Revised Statutes, which has transacted  an insurance business for at least ten consecutive years, next preceding, and  which has outstanding contracts of insurance on which the yearly premiums  amount to at least fifty thousand dollars ($50,000.00) for each kind of  insurance which has been transacted, may become a mutual life insurance company  by complying with all requirements for the issuance of a certificate of  authority to a newly organized mutual life insurance company, except those  requirements contained in Revised Statutes, section 17:17-1 specifying the  number of incorporators and except that wherever reference is made to the  persons proposing to incorporate the new mutual life insurance company such  reference shall be construed to mean the entire board of directors of the  assessment life insurance company and except the requirements of Revised  Statutes, section 17:17-7;  provided, that:

    (a) A plan of conversion to a mutual life insurance company shall be adopted  by a majority vote of the board of directors of the assessment life insurance  company.

    (b) Such plan shall be approved by a majority vote of all members, certificate or policy holders present in person or by proxy at a special meeting of members, certificate and policy holders of the assessment life insurance company held for that purpose.  Notice of such meeting shall be published at least four times, at intervals of not less than one week, the first publication to be not more than sixty days and the last publication not less than fifteen days prior to such meeting, in at least one newspaper published in each county in the State of New Jersey.  Proof of such publication  shall be filed with the Commissioner of Banking and Insurance. Immediately  after the election of tellers, at least three in number, at the special meeting  of members, certificate and policy holders, the presiding officer, designated  in the by-laws, shall cause the polls to be opened for reception of votes by  the tellers and shall note and announce the time of opening the polls which  shall from that time remain continuously open for the reception of votes for a  period of not less than four hours after which the polls shall be closed and  the presiding officer shall make announcement to that effect.  No other  business shall be transacted at this meeting.  A majority of the tellers shall  have power to determine all questions concerning the verification of ballots,  ascertaining the validity thereof, the qualifications of voters and the canvass  of the vote.  At the conclusion of the canvass, the tellers shall report in writing to the secretary of the corporation the result thereof and he shall  thereupon make a certificate, duly sworn to, setting forth the result of the  voting as shown by such report and shall file the same with the Commissioner of Banking and Insurance.

    (c) Such plan shall be submitted to the Commissioner of Banking and Insurance for his approval, which shall be granted unless in his judgment such plan of conversion would not be in the best interest of the members, certificate and policy holders of the assessment life insurance company.

     L.1947, c. 84, p. 465, s. 1.