West Virginia Code § 33-23-6

Organization
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The organization of a domestic society shall be governed as follows:
(a) Seven or more citizens of the United States, a majority of whom are citizens of this state,
who desire to form a fraternal benefit society, may make, sign and acknowledge before some
officer, competent to take acknowledgment of deeds, articles of incorporation, in which shall
be stated:
(1) The proposed corporate name of the society, which shall not so closely resemble the
name of any society or insurance company as to be misleading our confusing;
(2) The purposes for which it is being formed and the mode in which its corporate powers
are to be exercised. Such purposes shall not include more liberal powers than are granted by
this article: Provided, That any lawful, social, intellectuaal, educational, charitable,
benevolent, moral, fraternal or religious advantages may be set forth among the purposes of
the society; and l
(3) The names and residences of the incorporators and the names, residences and official
titles of all the officers, trustees, directorsi, or other persons who are to have and exercise
the general control of the management of the affairs and funds of the society for the first
year or until the ensuing election at which all such officers shall be elected by the supreme
legislative or governing body, which election shall be held not later than one year from the
date of the issuance of the permanent certificate.
(b) Such articles of incorporation, duly certified copies of the Constitution, laws and rules,
copies of all proposed forms of certificates, applications therefor, and circulars to be issued
by the society and a bond conditioned upon the return to applicants of the advanced
payments if thVe organization is not completed within one year, such bond to be in an amount
to be determined by the commissioner not to exceed the sum of $25,000 with sureties
approved by the commissioner, shall be filed with the commissioner, who may require such
further information as he deems necessary. All documents filed are to be in the English
language. If the purposes of the society conform to the requirements of this article and all
provisions of law have been complied with, the commissioner shall approve same in writing,
whereupon the incorporators may file such approved articles with the Secretary of State of
this state and receive a certificate of incorporation in the same manner as such certificates
are issued to other nonstock corporations.
(c) No certificate granted under the provisions of this section shall be valid after one year
from its date or after such further period, not exceeding one year, as may be authorized by
the commissioner upon cause shown, unless the five hundred applicants hereinafter required
have been secured and the organization has been completed as herein provided. The articles
of incorporation and all other proceedings thereunder shall become null and void in one year
from the date of the certificate, or at the expiration of the extended period, unless the
society shall have completed its organization and received a license as hereinafter provided.
(d) Upon receipt of the certificate of incorporation, the society may solicit members for the
purpose of completing its organization, shall collect from each applicant the amount of not
less than one regular monthly premium in accordance with its table of rates as provided by
its Constitution and laws, and shall issue to each such applicant a receipt for the amount so
collected. No society shall incur any liability other than for the return of such advance
premium, nor issue any certificate, nor pay, allow, or offer or promise to pay or allow, any
death or disability benefit to any person until: e
(1) Actual bona fide applications for death benefits have been secured arggregating at least
$500,000 on not less than five hundred lives;
(2) All such applicants for death benefits shall have furnished evidence of insurability
satisfactory to the society; t
(3) Certificates of examinations or acceptable declarataions of insurability have been duly
filed and approved by the chief medical examiner of the society;
(4) Ten subordinate lodges or branches have bseen established into which the five hundred
applicants have been admitted;
(5) There has been submitted to the commissioner, under oath of the president or secretary,
or corresponding officer of the society, a list of such applicants, giving their names,
addresses, date each was admitted, name and number of the subordinate branch of which
each applicant is a member, amount of benefits to be granted and premiums therefor; and
(6) It shall have been shown to the commissioner, by sworn statement of the treasurer, or
corresponding officer of such society, that at least five hundred applicants have each paid in
cash at least one reg ular monthly premium as herein provided, which premiums in the
aggregate shaVll amount to at least $2,500, all of which shall be credited to the fund or funds
from which benefits are to be paid and no part of which may be used for expenses. Said
advance premiums shall be held in trust during the period of organization and if the society
has not qualified for a certificate of authority within one year, as herein provided, such
premiums shall be returned to said applicants.
(e) The commissioner may make such examination and require such further information as
he deems advisable. Upon presentation of satisfactory evidence that the society has
complied with all the provisions of law, he shall issue to the society a license to transact
insurance pursuant to the provisions of this article. The license shall be prima facie evidence
of the existence of the society at the date of such license. The commissioner shall cause a
record of such license to be made. A certified copy of such record may be given in evidence
with like effect as the original license.
(f) Every society shall have the power to adopt a Constitution and laws for the government of
the society, the admission of its members, the management of its affairs and the fixing and
readjusting of the rates of its members from time to time. It shall have the power to change,
alter, add to or amend such Constitution and laws and shall have such other powers as are
necessary and incidental to carrying into effect the objects and purposes of the society.

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