1. At the time and place designated, the proposition as to the reorganization and extension and continuance of the corporate existence of such company under the general laws of the state, increase of capital stock if necessary, and adoption of the proposed articles of association, as submitted or amended, shall be voted upon.

2. If a stock company, the assent of the person holding a majority in amount of the capital stock issued by the company and then outstanding, or if it be a mutual company, the assent of a majority in number of the policyholders thereof, or if it be a stock and mutual company, the assent of the persons holding a majority in amount of the capital stock issued by the company and then outstanding and a majority in number of the policyholders in the mutual department of the company, shall be requisite for the adoption of the propositions submitted; and in addition, any company doing a stock and mutual business may submit and determine in the same manner, and decide upon continuing either of the two plans of insurance and discontinuing the other; provided, that the right of any stockholder or policyholder not assenting to such proposition to have paid or distributed to him his equitable interest or proportion, if any, in the net assets which such company might have at the time limited by law or its charter for the termination of its corporate existence shall not be prejudiced by such reorganization and extension and continuance of the corporate existence of such company, but the value of such equitable interest or proportion in such net assets shall be secured and paid to him as herein provided.

Terms Used In Missouri Laws 379.535

  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Department: the department of commerce and insurance. See Missouri Laws 379.005
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Missouri Laws 1.020
  • State: when applied to any of the United States, includes the District of Columbia and the territories, and the words "United States" includes such district and territories. See Missouri Laws 1.020