§ 40-738 Definitions
§ 40-739 Operation on lodge system; subordinate lodges required to hold regular meetings; lodges for children
§ 40-740 Representative form of government; election and voting criteria
§ 40-741 Definitions
§ 40-742 Operation for benefit of members; authorized insurance business and purposes; specification of persons who may be covered; adoption of laws and rules governing society’s operation
§ 40-743 Laws and rules; provisions relating to membership to be specified
§ 40-744 Location of principal office; supreme governing body, location of meetings, minutes of proceedings; official publication for notices; mailings; grievance or complaint procedures
§ 40-745 Personal liability of supreme governing body officers and members; indemnification and reimbursement for expenses and liabilities of directors, officers, employees and agents of society and other entities; liability insurance
§ 40-746 Society’s laws nonwaivable by subordinate bodies, officers or members
§ 40-747 Beneficiary designations; payment of funeral benefits to persons incurring expense therefor; payment of proceeds when no lawful beneficiary
§ 40-748 Benefits not subject to attachment, garnishment or process
§ 40-749 Benefit contracts; certificate to be issued to owners; statements on application representations; effect of amendments to society’s laws; contracts on lives of minors; impairment of reserves; copies of documents to be received as evidence; certificates
§ 40-750 Valuation of paid-up nonforfeiture benefits, cash surrender values and loan or other options
§ 40-751 Investment of funds
§ 40-752 Holding of assets; creation of special funds; establishment of separate accounts; issuance of contracts on variable basis
§ 40-753 Insurance laws application to societies
§ 40-754 Standards of valuation for certificates; mortality tables; maintenance of reserves in excess of those required
§ 40-755 Annual statement to include valuation of certificates in force; certification or verification of actuary
§ 40-756 Licenses continued in force upon payment of fees; certified copy of license prima facie evidence licensee is society
§ 40-757 Examinations; notice and opportunity to respond; payment of expenses
§ 40-758 Foreign and alien societies to procure license to transact business in state; filing and other requirements
§ 40-759 Deficiencies in operation by domestic society; notice to correct; show cause requirement upon failure to correct; injunction or quo warranto action by attorney general; recommencement of business; liquidation; receiver; procedures applicable to society
§ 40-760 Deficiencies in operation by foreign or alien society; notice to correct; show cause requirement upon failure to correct; suspension, revocation or refusal of authority to do business; certain contracts authorized to be continued
§ 40-761 Application or petition for injunction required to be made by attorney general on request of commissioner
§ 40-762 Agents, licensing, certification and examination; exemption therefrom for certain agents, representatives and members; society to maintain record of exempted representatives; information thereof and of change of exempt status to be furnished to commiss
§ 40-763 Societies and agents subject to law regulating trade practices; construction and application thereof
§ 40-764 Formation requirements; incorporators; articles of incorporation; documents to be filed with commissioner; bond; preliminary certificate of authority, expiration; solicitation of members upon receipt of preliminary certificate; conditions precedent to
§ 40-765 Amendment of domestic society’s laws; procedures; approval by commissioner; amendments or synopsis thereof to be furnished to members; amendments and additions to be furnished to commissioner; printed copies prima facie evidence of legal adoption
§ 40-766 Establishment and operation of not for profit institutions to further purposes of society; compensation for institutions’ services; annual statement to include property held for such purposes
§ 40-767 Reinsurance; limitations; credit for reserves on ceded risks
§ 40-768 Consolidation or merger of domestic society; documents and evidence to be filed with commissioner; approval of commissioner; effective date; societies incorporated under laws of foreign state; transfer of rights and property to society resulting or rem
§ 40-769 Conversion of society into mutual or stock life insurance company
§ 40-770 Same; submission of proposal to supreme legislative body; notice to be furnished members and policyholders; meeting of subordinate lodges or branches on proposal; election of delegates to supreme legislative body; approval of plan by commissioner; opti
§ 40-771 Same; adoption of resolution by delegates to supreme legislative body; certificate to be filed with commissioner by directors of society; contents
§ 40-772 Same; report of meeting to be filed with commissioner
§ 40-773 Same; conversion into stock company; purchase of stock; notice to members or policyholders of right to purchase; preference; limitation; nonmembers of society
§ 40-774 Same; status of corporation upon conversion; reserves on policies issued prior to conversion; succession to rights and property of society; power of commissioner to order divestiture or revaluation
§ 40-775 Same; preservation of rights of members, policyholders and creditors of society as obligations of new corporation; appointment of commissioner as process agent
§ 40-776 Same; obligation of new corporation to perform obligations of society; preservation of pending legal actions
§ 40-777 Appointment of commissioner as process agent; time for society to file pleadings after receiving copy of notice
§ 40-778 Review of commissioner’s decisions
§ 40-779 Penalties for violations
§ 40-780 Application of act to exempted societies and organizations; information required by commissioner
§ 40-781 Rules and regulations
§ 40-782 Severability of act

Terms Used In Kansas Statutes > Chapter 40 > Article 7

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Agent: means an individual as defined in K. See Kansas Statutes 40-741
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Benefit contract: means the agreement for provision of benefits authorized by subsection (a) of K. See Kansas Statutes 40-741
  • 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. See Kansas Statutes 40-741
  • Certificate: means the document issued as written evidence of the benefit contract. See Kansas Statutes 40-741
  • Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
  • Commissioner: means the commissioner of insurance of this state. See Kansas Statutes 40-741
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Conservator: means an individual or corporation appointed by the court to act on behalf of a conservatee and possessed of some or all of the powers and duties set out in K. See Kansas Statutes 77-201
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Deed: is a pplied to an instrument conveying lands but does not imply a sealed instrument. See Kansas Statutes 77-201
  • Dependent: A person dependent for support upon another.
  • 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
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. Source: Federal Reserve
  • Guardian: means an individual or a nonprofit corporation certified in accordance with K. See Kansas Statutes 77-201
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Laws: means the society's articles of incorporation, constitution and bylaws, however designated. See Kansas Statutes 40-741
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lodge: means subordinate member units of the society, known as camps, courts, councils, branches or by any other designation. See Kansas Statutes 40-741
  • Minor: means any person defined by K. See Kansas Statutes 77-201
  • Month: means a calendar month, unless otherwise expressed. See Kansas Statutes 77-201
  • Oath: includes an affirmation in all cases where an affirmation may be substituted for an oath, and in similar cases "swear" includes affirm. See Kansas Statutes 77-201
  • Personal property: includes money, goods, chattels, evidences of debt and things in action, and digital assets as defined in the revised uniform fiduciary access to digital assets act, K. See Kansas Statutes 77-201
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Premiums: means premiums, rates, dues or other required contributions by whatever name known, which are payable under the certificate. See Kansas Statutes 40-741
  • Property: includes personal and real property. See Kansas Statutes 77-201
  • Quorum: The number of legislators that must be present to do business.
  • real property: include lands, tenements and hereditaments, and all rights to them and interest in them, equitable as well as legal. See Kansas Statutes 77-201
  • Residence: means the place which is adopted by a person as the person's place of habitation and to which, whenever the person is absent, the person has the intention of returning. See Kansas Statutes 77-201
  • Rules: means all rules, regulations or resolutions adopted by the supreme governing body or board of directors which are intended to have general application to the members of the society. See Kansas Statutes 40-741
  • seal: includes an impression of the seal upon the paper alone, as well as upon wax or a wafer affixed to the paper. See Kansas Statutes 77-201
  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Society: means fraternal benefit society, unless otherwise indicated. See Kansas Statutes 40-741
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Kansas Statutes 77-201