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§ 23-69-101. Scope

Sections 23-69-101 — 23-69-103, 23-69-105 — 23-69-141, 23-69-143, and 23-69-149 — 23-69-156 shall apply only to domestic stock insurers and domestic mutual insurers transacting, or proposing to transact, insurance on the legal reserve plan.

§ 23-69-102. Definitions

As used in §§ 23-69-101 — 23-69-103, 23-69-105 — 23-69-141, 23-69-143, and 23-69-149 — 23-69-156, unless the context otherwise requires: (1) A “stock” insurer is an incorporated insurer with capital divided into shares and owned by its stockholders; (2) A “mutual” insurer is an incorporated insurer without permanent capital stock and the governing body of […]

§ 23-69-104. Powers of company not enlarged

Nothing in §§ 23-69-101 — 23-69-103, 23-69-105 — 23-69-141, 23-69-143, and 23-69-149 — 23-69-156 shall be construed to authorize any company to engage in any kind of insurance business not authorized by its articles of incorporation nor to authorize any foreign or alien company to engage in any kind of insurance business in this state […]

§ 23-69-105. Incorporation

(a) This section applies to stock and mutual insurers hereafter incorporated in this state. (b) One (1) or more persons may act as the incorporator or incorporators of a stock or mutual insurer by delivering articles of incorporation to the Insurance Commissioner for filing. (c) The incorporator or incorporators shall execute articles of incorporation in […]

§ 23-69-106. Articles of incorporation — Filing and approval

(a) (1) The incorporator or incorporators of a proposed domestic insurer incorporated under this subchapter, particularly §§ 23-69-101 — 23-69-103, 23-69-105 — 23-69-141, 23-69-143, and 23-69-149 — 23-69-156, shall deliver the duplicate originals of the articles of incorporation thereof to the Insurance Commissioner together with the filing fees therefor specified in § 23-61-401 or any […]

§ 23-69-107. Articles of incorporation — Amendment

(a) A domestic stock insurer may amend its articles of incorporation for any lawful purpose by written authorization of the holders of a majority of the voting power of its outstanding capital stock or by affirmative vote of a majority voting at a lawful meeting of stockholders of which the notice given to stockholders included […]

§ 23-69-108. Officers

(a) (1) (A) Every domestic stock or mutual insurer shall have: (i) (a) A chief executive officer or a president, or both. (b) The chief executive officer or president shall also serve as a member of the board of directors; (ii) A secretary; and (iii) A treasurer. (B) The chief executive officer, president, secretary, and […]

§ 23-69-109. Pecuniary interest of officers, directors, employees, etc

(a) Any officer or director, any member of any committee, or any employee of a domestic insurer who is charged with the duty of investing or handling the insurer’s funds: (1) Shall not deposit or invest the funds except in the insurer’s corporate name; (2) Shall not borrow the funds of the insurer; (3) Shall […]

§ 23-69-110. Vacancies on the board of directors

(a) Vacancies on the board of directors may be filled by the remaining members of the board, and each person so elected shall be a director until his or her successor is elected by the stockholders or members, at the next annual meeting of stockholders or members, or at any special meeting of stockholders or […]

§ 23-69-111. Corporate powers and duties

(a) An insurance corporation formed under §§ 23-69-101 — 23-69-103, 23-69-105 — 23-69-141, 23-69-143, and 23-69-149 — 23-69-156, or existing on January 1, 1960, and of a type which might be formed under §§ 23-69-101 — 23-69-103, 23-69-105 — 23-69-141, 23-69-143, and 23-69-149 — 23-69-156, shall have the same capacity to act possessed by individuals, […]

§ 23-69-112. Initial qualifications — Domestic mutuals

(a) When newly organized, a domestic mutual insurer may be authorized to transact any one (1) of the kinds of insurance listed in §§ 23-62-101 — 23-62-108. (b) When applying for an original certificate of authority, the insurer must be otherwise qualified therefor under the Arkansas Insurance Code and must have received and accepted bona […]

§ 23-69-113. Formation of nonlife mutual insurer — Deposit required

(a) Before soliciting any applications for insurance as required under § 23-69-112 as a qualification for the certificate of authority, the incorporator or incorporators of the proposed insurer shall deposit with the Insurance Commissioner acceptable securities in the penal sum of one hundred thousand dollars ($100,000) in favor of the state and for the use […]

§ 23-69-114. Formation of nonlife mutual insurer — Applications for insurance

(a) Upon receipt of the Insurance Commissioner’s approval of the bond or deposit as provided in § 23-69-113, the directors and officers of the proposed domestic mutual insurer may commence solicitation of the requisite applications for insurance policies as they may accept, and they may receive deposits of premiums thereon. (b) All applications shall be […]

§ 23-69-115. Trust deposit of premiums — Issuance of policies — Mutual insurers

(a) All sums collected by a domestic mutual corporation as premiums or fees on qualifying applications for insurance therein shall be deposited in trust in a bank or trust company in this state under a written trust agreement consistent with this section and with § 23-69-114(c)(3). The corporation shall file an executed copy of the […]

§ 23-69-116. Failure to complete organization — Mutual insurers

If the proposed domestic mutual insurer fails to complete its organization and to secure its original certificate of authority within one (1) year from and after the date of its certificate of incorporation, the corporation shall be dissolved by the Insurance Commissioner. The commissioner shall then return or cause to be returned to the persons […]

§ 23-69-117. Additional kinds of insurance — Mutual insurers

A domestic mutual insurer, after being authorized to transact one (1) kind of insurance, may be authorized by the Insurance Commissioner to transact such additional kinds of insurance as are permitted under § 23-63-204, while otherwise in compliance with the Arkansas Insurance Code and while maintaining unimpaired surplus funds in an amount not less than […]

§ 23-69-118. Membership — Mutual insurers

(a) Each policyholder of a domestic mutual insurer, other than of a reinsurance contract, is a member of the insurer with all rights and obligations of membership, and the policy shall so specify. (b) Any person, government, or governmental agency, state or political subdivision thereof, public or private corporation, board, association, firm, estate, trustee, or […]

§ 23-69-119. Bylaws — Mutual insurers

(a) (1) A domestic mutual insurer shall have bylaws consistent with § 23-69-111(b)(7). (2) The initial board of directors of a domestic mutual insurer shall adopt original bylaws, subject to the approval of the insurer’s members at the next succeeding meeting. (3) The members may make, modify, and revoke bylaws. (b) The bylaws shall provide: […]

§ 23-69-120. Meetings of stockholders or members

(a) Meetings of stockholders or members of a domestic insurer shall be held in the city or town of its principal office or place of business in this state or in such other place within the State of Arkansas as shall be specified by its articles of incorporation or articles of association. (b) No meeting […]