Ibid. sec. 143G. 212. Any such association coming within the description of a fraternal beneficiary association, as set forth in Section 210 of this Article, organized under the laws of any other State, Province or Territory, and not now doing business in this State, shall be admitted to do business within this State, when it shall have filed with the Commissioner of Insurance a duly certified copy of its charter and articles of association, and a copy of its constitution or laws certified to by its secretary or corresponding officer, together with an appointment of the Commissioner of Insurance of this State, as a person upon whom process may be served as hereinafter provided; and shall pay said Commissioner of Insurance a fee of twenty-five dollars for filing said charter, copy of constitution and laws, and appointment of attorney; and provided that such association shall be shown by certificate to be authorized to do business in the State, Province or Territory in which it is incorporated or organized, in case the laws of such State, Province or Territory shall provide for such authorization; and in case the laws of such State, Province or Territory do not provide for any formal authorization to do business on the part of any such association, then such association shall be shown to be conducting its business in accordance with the provisions of Section 210 to Section 223 (both inclusive) of this Article, for which purpose the Commissioner of Insurance of this State may personally, or by some person to be designated by him, examine into the condition, affairs, character and business methods, accounts, books and investments at its home office, which examination shall be at the expense of such association, and shall be made within thirty days after demand therefor; and the Commissioner of Insurance shall be paid by such association for such examination the actual traveling expenses and not more than ten dollars per day for each day actually employed in such examination, not to exceed fifty dollars in the aggregate. The Commissioner of Insurance shall issue a certificate to such association, qualified as required in this section, authorizing it to do business within this State, for which certificate said association shall pay to the said Commissioner the fee of twenty-five dollars. 1894, ch. 295, sec. 143H. 213. Every such association doing business in this State shall, on or before the last day of March of each year, make and file with the Insurance Commissioner of this State a report of its affairs and operations during the year ending on the thirty-first day of December immediately preceding, which annual report shall be in lieu of all other reports required by any other law; such reports shall be upon appropriate blank forms to be provided by the Insurance Commissioner, and shall be verified under oath by the duly authorized officer of such association, and shall be published, or the substance thereof, in the annual report of the Insurance Commissioner, under a separate part, entitled "Fraternal Beneficiary Associations." The Insurance Commissioner is authorized and empowered at any time to address any additional inquiries to any such association, in relation to its doings or condition, or any other matter connected with its transactions relative to the business contemplated by Section 210 to Section 218 (both inclusive) of this Article, and such officers of such associations as the Insurance Commissioner may require, shall promptly reply in writing under oath to all such inquiries if so required; and in case, after such inquiry, the Insurance Commissioner shall have reason to believe that such association is insolvent or cannot meet its obligations to its beneficiaries or certificate holders, or is conducting its business in an illegal manner, he may, by some person designated by him, examine the accounts, books and investments of said association at its home office, at the expense of said association, not to exceed in the aggregate the sum of fifty dollars; each such association on filing its annual report, shall pay to the Insurance Commissioner the sum of twenty-five dollars. 1894, ch. 295, sec. 1431. 214. Each such association now doing or hereinafter admitted to do business within this State, and not having its principal office within this State, and not being organized under the laws of this State, shall appoint, in writing, the Insurance Commissioner, or his successor in office, to be its true and lawful attorney upon whom all lawful process in any action or proceeding against it may be served, and in such writing shall agree that any lawful process against it which is served on said Insurance Commissioner shall be of the same legal force and validity as if served upon the association, and that the authority shall continue in force so long as any liability remains outstanding in this State. Copies of such certificate, certified by said Insurance Commissioner, shall be deemed sufficient evidence thereof, and shall be admitted in evidence with the same force and effect as the original thereof might be admitted. Service upon such attorney shall be deemed sufficient service upon such association. When legal process against any such association is served upon said Insurance Commissioner, he shall immediately notify the association of such service by letters prepaid and directed to its president, secretary and supreme or chief secretary or corresponding officers; and shall within two days after such service forward in the same manner a copy of the process served on him to such officers. The plaintiff, in such process so served, shall pay to the Commissioner of Insurance, at the time of such service, a fee of five dollars, which shall be recovered by him as part of the taxable costs, if he prevails in the suit. The Insurance Commissioner shall keep a record of all processes served upon him, which record shall show the day and hour when such service was made. 1894, ch. 295, sec. 143J. 215. The Insurance Commissioner of this State shall furnish to each of said associations doing business within this State, as provided by Section 210 to Section 223 (both inclusive) of this Article, two abstracts of its annual report prepared for publication, for which it shall pay him the sum of four dollars. Ibid. sec. 143K. 216. Such associations shall not employ paid agents in soliciting or procuring members, except in the organizing or building up of subordinate bodies or granting members inducements to procure new members. Ibid. sec. 143L. 217. The money or other benefit, charity, relief or aid to be paid, provided or rendered by any association authorized to do business under Section 210 to Section 223 (both inclusive) of this Article, shall not be liable to attachment by trustee, garnishee or other process, and shall not be seized, taken, appropriated or applied by any legal or equitable process or by operation of law to pay any debt or liability of a certificate holder or of any beneficiary named in a certificate, or of any person who may have any right thereunder. Ibid. sec. 143M. 218. Any such association organized under the laws of this State may provide for the meetings of its legislative or governing body in any other State, Province or Territory wherein such association shall have subordinate bodies, and all business transacted at such meetings shall be valid in all respects, as if such meetings were held within this State; and where the laws of any such association provide for the election of its officers by votes to be cast in its subordinate bodies, the votes so cast in its subordinate bodies in any other State, Province or Territory shall be valid as if cast within this State. 1894, ch. 295, sec. 143N. 219. Any person, officer, member or examining physician, who shall knowingly or wilfully make any false or fraudulent statement or representation, in or with reference to any application for membership, or for the purpose of obtaining any money or benefit in any association transacting business under Sections 210 to 223 (both inclusive) of this Article, shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than one hundred dollars nor more than five hundred dollars, or imprisonment in the city or county jail for not less than thirty days nor more than one year, or both, in the discretion of the court; and any person who shall wilfully make a false statement of any material fact or thing in a sworn statement, as to death or disability of a certificate holder in any such association for the purpose of procuring payment of a benefit named in the certificate of such holder, and any person who shall wilfully make any false statement in any verified report or declaration under oath, required or authorized under the provisions of Section 210 to Section 223 (both inclusive) of this Article, or either of them, shall be guilty of perjury, and shall be proceeded against and punished as provided by the statutes of this State in relation to the crime of perjury. 1894, ch. 295, sec. 1430. 220. Any such association refusing or neglecting to make the report as provided in Section 213 shall be excluded from doing business within this State in procuring new members. The Insurance Commissioner must, within sixty days after failure to make such report, or in case any such association shall exceed its powers, or shall conduct its business fraudulently, or shall fail to comply with any of the provisions of Section 210 to Section 223 (both inclusive) of this Article, immediately commence an action against such association to enjoin the same from carrying on any business. And no injunction against any such association shall be granted by any court, except on application as set forth in this section. No association so enjoined shall have authority to continue business until such report shall be made, or overt act or violation complained of shall have been corrected, nor until the costs of such action be paid by it; provided, the court shall find that such association was in default as charged; whereupon the Insurance Commissioner shall reinstate such association, and not until then shall such association be allowed to again do business in this State. Any officer, agent or person acting for any association or subordinate body thereof, within this State, in procuring new members, while such association shall be so enjoined or prohibited from doing business pursuant to this section, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not less than twenty-five dollars nor more than two hundred dollars, or by imprisonment in the city or county jail not less than thirty days nor more than one year, or by both such fine and imprisonment, in the discretion of the court. Barton v. Frat. Alliance, 85 Md. 31-2. Supreme Lodge Golden Chain v. Simering, 88 Md. 276. |