A. The superintendent, or any person he may appoint, may examine any domestic, foreign or alien society transacting or applying for admission to transact business in this state in the same manner as authorized for examination of domestic, foreign or alien insurers. Requirements of notice and an opportunity to respond before findings are made public […]
A. No foreign or alien society shall transact business in this state without a license issued by the superintendent. Any such society desiring admission to this state shall comply substantially with the requirements and limitations of Chapter 59A, Article 44 NMSA 1978 applicable to domestic societies. Any such society may be licensed to transact business […]
A society has a representative form of government when: A. it has a supreme governing body constituted as: (1) an assembly composed of delegates elected directly by the members or at intermediate assemblies or conventions of members or their representatives, together with other delegates as may be prescribed in the society’s laws. A society may […]
A. When the superintendent upon investigation finds that a domestic society: (1) has exceeded its powers; (2) has failed to comply with any provision of Chapter 59A, Article 44 NMSA 1978; (3) is not fulfilling its contracts in good faith; (4) has a membership of less than four hundred after an existence of one year […]
A. When the superintendent upon investigation finds that a foreign or alien society transacting or applying to transact business in this state: (1) has exceeded its powers; (2) has failed to comply with any of the provisions of Chapter 59A, Article 44 NMSA 1978; (3) is not fulfilling its contracts in good faith; or (4) […]
No application or petition for injunction against any domestic, foreign or alien society, or lodge thereof, shall be recognized in any court of this state unless made by the attorney general upon request of the superintendent. History: 1978 Comp., § 59A-44-32, enacted by Laws 1989, ch. 388, § 32. ANNOTATIONS Repeals and reenactments. — Laws […]
A. Agents of societies shall be licensed in accordance with the applicable provisions of Chapter 59A, Articles 11 and 12 NMSA 1978 regulating the licensing, revocation, suspension or termination of license of agents, but shall not be subject to the provisions of Section 59A-12-26 NMSA 1978. B. No examination or license shall be required of […]
Every society authorized to do business in this state shall be subject to the provisions of Chapter 59A, Article 16 NMSA 1978 relating to trade practices and frauds; provided, however, that nothing in such provisions shall be construed as applying to or affecting the right of any society to determine its eligibility requirements for membership […]
A. Every society authorized to do business in this state shall appoint in writing the superintendent and each successor in office to be its true and lawful attorney upon whom all lawful process in any action or proceeding against it shall be served and shall agree in such writing that any lawful process against it […]
A. Except as provided in Subsection B of this section, every society authorized to transact business in New Mexico shall pay to the superintendent the following fees: (1) for annual certificate of authority continuation $100.00; (2) for filing annual statement 100.00; (3) for each license of agent or annual continuation thereof 30.00; (4) for annual […]
The superintendent shall pay to the state treasurer, and the state treasurer shall convert into the fund of the Carrie Tingley crippled children’s hospital, located in Bernalillo county, all money collected by the superintendent from or as to fraternal benefit societies under Chapter 59A, Article 44 NMSA 1978. History: 1978 Comp., § 59A-44-37, enacted by […]
All decisions and findings of the superintendent made under the provisions of Chapter 59A, Article 44 NMSA 1978 shall be subject to review as provided in Section 59A-4-20 NMSA 1978. History: 1978 Comp., § 59A-44-38, enacted by Laws 1989, ch. 388, § 38. ANNOTATIONS Repeals and reenactments. — Laws 1989, ch. 388, § 38, repealed […]
A. Any person who willfully makes a false or fraudulent statement in or relating to an application for membership or for the purpose of obtaining money from or a benefit in any society, shall upon conviction be fined not less than one hundred dollars ($100) or more than one thousand dollars ($1,000). B. Any person […]
As used in Chapter 59A, Article 44 NMSA 1978: A. “benefit contract” means the agreement as described in Subsection A of Section 59A-44-19 NMSA 1978; B. “benefit member” means an adult member who is designated by the laws or rules of the society to be a benefit member under a benefit contract; C. “certificate” means […]
A. Nothing contained in Chapter 59A, Article 44 NMSA 1978 shall be so construed as to effect or apply to: (1) grand or subordinate lodges of societies, orders or associations now doing business in this state that provide benefits exclusively through local or subordinate lodges; (2) orders, societies or associations that admit to membership only […]
To the extent not in conflict with the express provisions of Chapter 59A, Article 44 NMSA 1978 and the reasonable implications thereof, the following provisions of the Insurance Code [Chapter 59A NMSA 1978] shall also apply as to fraternal benefit societies, and for such purpose a society may therein be referred to as an “insurer”: […]
If any provision of Chapter 59A, Article 44 NMSA 1978 or the application of such provision to any circumstance is held invalid, the remainder of the article or the application of the provision to other circumstances shall not be affected thereby. History: 1978 Comp., § 59A-44-42, enacted by Laws 1989, ch. 388, § 42. ANNOTATIONS […]
ANNOTATIONS Repeals. — Laws 1989, ch. 388, § 43 repealed 59A-44-43 to 59A-44-45 NMSA 1978, as enacted by Laws 1984, ch. 127, §§ 828, 829, and as amended by Laws 1988, ch. 89, § 4, relating to exemptions of certain societies, penalties, and other applicable provisions, effective January 1, 1990.
A. Each individual or group policy or certificate of accident or health insurance issued by a society that is delivered, issued for delivery or renewed in this state shall include provisions that require benefits paid on behalf of a child or other insured person under the policy or certificate to be paid to the human […]
A. A society shall operate for the benefit of members and their beneficiaries by: (1) providing benefits as specified in Section 59A-44-16 NMSA 1978; and (2) lawfully operating for one or more social, intellectual, educational, charitable, benevolent, moral, fraternal, patriotic or religious purposes for the benefit of its members, which may also be extended to […]
