Слике страница
PDF
ePub

State required by law, shall forfeit to the State the sum of one hundred dollars for every such offense. If an examination of the condition and business of any such corporation transacting business in this State shall be prevented by any such refusal, the Auditor shall revoke the certificate of authority issued to such corporation, and it shall thereafter be unlawful for it to do business in this State until it shall have submitted to an examina ion, and the Auditor shall have issued to it a new certificate of authority authorizing it to continue business in this State.

§ 27. The fees for any service or act of the Auditor shall be the same as provided in the case of life insurance companies, and each corporation authorized to transact business under this act shall pay, on filing its application and charter, twenty dollars, and for each annual statement thereafter, ten dollars, which shall be in lieu of all other fees, whether State, county or municipal, except as provided in sections 16, 17 and 18 of this

act.

§ 28. An act entitled "An act to provide for the organization and management of corporations, associations and societies for the purpose of furnishing life indemnity or pecuniary benefits to the beneficiaries of deceased members, or accident or permanent disability indemnity to members thereof, approved June 16, 188, and all laws and parts of laws in conflict with this act are hereby repealed:" "Provided, that the repeal of said act and nothing herein contained shall effect secret or fraternal corporations, associations or societies organized under said act or the act of which it is an amendment, but the same shall be and remain in full force and effect as to them.” APPROVED June 22, 1893.

[blocks in formation]

AN ACT to provide for the organization and management of fraternal beneficiary societies for the purpose of furnishing life indemnity or pecuniary benefits to beneficiaries of deceased members or accident or permanent indemnity disability to members thereof; and to control such societies of this State and of other States doing business in this State, and providing and fixing the punishment for violation of the provisions thereof, and to repeal all laws now existing which conflict herewith.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That a fraternal beneficiary society is hereby declared to be a corporation or association, formed or organized and carried on for the sole benefit of its members and their beneficiaries, and not for profit. Each society shall have a lodge system, with ritualistic form of work and representative form of government, and shall make provision for the payment of death benefits and may, in addition thereto, provide for the payment by local lodges of benefits in case of sickness, disability, or old age, of its members, subject to their compliance with its constitution and laws. The fund from which the payment of such benefits shall be made, and the fund from which the expenses of such association shall be defrayed, shall be derived from assessments or dues collected from its members. Payment of death benefits shall only be made to the families, heirs, blood relations, affianced husband or affianced wife of, or to persons dependent upon, the member; and such benefits shall not be willed, assigned or otherwise transferred to any other person. All such societies shall be governed by this act, and shall be exempt from the provisions of all insurance laws of this State, and no law hereafter passed shall apply to them unless they be expressly designated therein. § 2. All such societies coming within the description as set forth in section 1 of this act, organized under the laws of this or any other State, province or territory, and now doing business in this State, shall be considered duly organized and may continue such business: Provided, that they hereafter make

application for such permission and comply with the provisions of this act regulating annual reports, and the designation of the Auditor of Public Accounts as the person upon whom process may be served as hereinafter provided.

§ 3. Any such society coming within the description as set forth in section 1 of this act, organized under the laws of any other State, province or territory, and not now doing business in this State, shall be admitted to do business within this State when it shall have filed with the Auditor of Public Accounts a duly certified copy of its charter and articles of association, accompanied by a fee of ten dollars, and a copy of its constitution and laws, certified to by its secretary, and a certificate duly verified by such officer, to the effect that such society has paid all approved death claims in full for a period of at least six months prior to applying for permission to do business within this State, together with an appointment of the Auditor of Public Accounts of this State as a person upon whom process may be served as hereinafter provided: And, provided, that such society shall be shown by certificate to be authorized to do business in the state, province or territory in which it is incorporated or organized in case the laws of such state, province or territory shall provide for such authorization; and in case the laws of such state, province or territory do not provide for any formal authorization to do business on the part of any such society, then such society must be shown to be conducting its business in accordance with the provisions of this act, for which purpose the Auditor of Public Accounts of this State may personally, or by some person to be designated by him, examine into the condition, affairs, character and business methods, accounts, books and investments of such society at its home office, which examination shall be at the expense of such society.

$ 4. Every such society doing business in this State shall on or before the first day of March of each year make and file with the Auditor of Public Accounts of this State a report of its affairs and operations during the year ending on the 31st day of December immediately preceding, together with a copy of its constitution and laws then in force, which annual report shall be in lieu of all other reports required by any other law. Such reports shall be upon blank forms to be provided by the Auditor of Public Accounts, and shall be verified under oath by the duly authorized officers of such society, and shall be published, or the substance thereof, in the annual report of the Auditor of Public Accounts under a separate part entitled "Fraternal Beneficiary Societies," and shall contain answers to the following questions:

1. Number of certificates issued during the year, or members admitted.

2. Amount of indemnity effected thereby.

3. Number of losses or benefit liabilities incurred.

4. Number of losses or benefit liabilities paid.

5. The amount received from each assessment for the year. 6. Total amount paid members, beneficiaries, legal representatives or heirs.

7. Number and kind of claims for which assessments have. been made.

8. Number and kind of claims compromised and resisted, and brief statement of reasons.

9. Does society charge annual or other periodical dues or admission fees?

10. How much on each one thousand dollars annually or per capita, as the case may be?

11. Total amount received, from what source and the disposition thereof.

12. Total amount of salaries paid to officers.

13. Does society guarantee, in its certificate, fixed amounts: to be paid regardless of amount realized from asses ments, dues, admission fees and donations?

14. If so, state amount guaranteed, and the security of such guaranty.

15. Has the society a special reserve fund?

16. If so, how is it created, and for what purpose; the amount thereof, and how invested?

17. Has the society more than one class?

18. If so, how many, and the amount of indemnity in each?` 19. Number of members in each class.

20. If the society is incorporated, so state, and give date of organization.

21. If organized under the laws of this State, under what law and at what time, giving chapter and year and date of passage of the act.

22. If organized under the laws of any other State, province or territory, state such fact, and the date of organization, giving chapter and year and date of passage of the act.

23. Number of certificates of beneficiary membership lapsed during the year.

24. Number in force at beginning and end of year; if more than one class, number in each class.

25. Names and addresses of its president, secretary and treasurer or corresponding officers.

The Auditor of Public Accounts is authorized and empowered. to address any additional inquiries to any such society in rela

tion to its doings or condition, or any other matter connected with its transactions relative to the business contemplated by this act, and such officers of such society as the Auditor of Pubdic Accounts may require, shall promptly reply in writing under oath, to all such inquiries.

§ 5. Each such society now doing or hereafter admitted to do business in this State and not having its principal office withing this State, and not being organized under the laws of this State, shall appoint in writing the Auditor of Public Accounts or his successor in office to be its true and lawful attorney, upon whom all lawful process in any action or proceeding against it may be served, and in such writing shall agree that any lawful process against it which is served on said attorney shall be of the same legal force and validity as if served upon the society, and that the authority shall continue in force so long as any liability remains outstanding in this State. Copies of such certificate certified by said Auditor of Public Accounts, shall be deemed sufficient evidence thereof, and shall be admitted in evidence with the same force and effect as the original thereof might be admitted. Service upon such attorney shall be deemed sufficient service upon such society. when legal process against any such society is served upon said Auditor of Public Accounts, he shall immediately notify the society of such service by letter, prepaid and directed to its secretary or corresponding officer, and shall within two days after such service forward in the same manner a copy of the process served on him to such officer. The plaintiff in such process so served shall pay to the Auditor of Public Accounts at the time of such service a fee of $3, which shall be recovered by him as a part of the taxable costs, if he prevails in the suit. The Auditor of Public Accounts shall keep a record of all processes served upon him, which record shall show the day and hour when such service was made.

§ 6. Any such society now having the right to do business within this State, as provided by this act, desiring to so continue, shall file with the Auditor of Public Accounts, an application for permission to do so, in which application shall appear the date of organization, or incorporation, and if such so iety is incorporated, the name of the state, province or territory within which such incorporation was had, and the chapter and year and date of the passage of the act under which such society was incorporated. If such society is not incorporated, such fact shall be so stated in the application, and a copy of the articles of association of such society duly certified to by its secretary, or corresponding officer, shall accompany such application. Upon receipt of such application, accompanied by a fee of $5, the Auditor of Public Accounts of this State shall issue to such society a permit, in writing, authorizing such society to do business within this State.

« ПретходнаНастави »