Section 10A-20-8.01 Definitions. For the purposes of this article, the following terms shall have the meanings respectively ascribed to them by this section: (1) AFFILIATED ORGANIZATIONS. Organizations or boards deriving their powers, functions, funds, and property directly from the parent organization, as defined in this section, or from its law-making body and does not mean […]
Section 10A-20-8.02 Right of majority group of local organization in fraternal property. The right and equity are hereby recognized and declared on behalf of the majority group of any local organization owning title to or an interest in fraternal property to preserve and protect the same from impairment or loss, to prevent fraternal property held […]
Section 10A-20-8.03 Withdrawal from parent organization and use of fraternal property free from trust clause. (a) The majority group of any local organization may withdraw from the parent organization and, upon withdrawal, shall be permitted to devote the fraternal property to the uses originally intended free of the influence of the trust clause; provided, that […]
Section 10A-20-8.04 Right to set up unit independent of parent corporation. Whenever, as a result of action of the parent organization, any of its authoritative subdivisions, or its law-making body the majority group of any local organization shall determine that there has been a change of social policies, within the meaning of this section, or […]
Section 10A-20-8.05 Declaratory actions – Institution of action. Upon resolution or written declaration by the majority group, upon giving 30 days’ notice to the parent organization, and upon giving like notice to the organization membership or the official governing body of the local organization, a corporation formed by the majority group shall be authorized to […]
Section 10A-20-8.06 Declaratory actions – Service of process. Service of process in an action or proceeding may be had on the local organization by service on its administrative authority, one or more senior or representative members or other similar authority of the organization by service on the parent organization by serving any representative official, members, […]
Section 10A-20-8.07 Declaratory actions – Averments of plaintiff. The plaintiff in an action may aver as a separate aspect or equity that the parent organization has made or sanctioned material changes in the laws, rules, social creed, or jurisdictional system with respect to social standards, practices, or policies which changes are opposed to the views, […]
Section 10A-20-8.08 Declaratory actions – Judgment. If on final hearing the court shall find that the organization of the plaintiff corporation, subject to such further or amended conditions or provisions as the court may require or approve, is equitable and appropriate for administration as a fraternal or charitable trust and that the withdrawal of the […]
Section 10A-20-8.09 Averments as to loans from parent organization; judgment to provide for repayment and lien for unsecured loans. The complaint in any action authorized by this article shall state whether or not the local organization obtained from the parent organization or any of its affiliated organizations a loan or grant of funds with which […]
Section 10A-20-8.10 Effect of article on existing liens or mortgages. Nothing in this article shall be construed to affect the validity of any existing lien or mortgage on the fraternal property or part thereof. (Acts 1961, Ex. Sess., No. 176, p. 2137, §10; §10-4-179; amended and renumbered by Act 2009-513, p. 967, §338.)
