General Laws of Massachusetts - Chapter 176P Limited Societies

• Massachusetts General Laws - Definitions - Chapter 176P, Section 1
  In this chapter, the following words shall have the following meanings:— “Commissioner”, the commissioner of insurance. “Fraternal benefit society”, an incorporated society, order or supreme...
• Massachusetts General Laws - Lodge system - Chapter 176P, Section 2
  A society shall be deemed to be operating on the lodge system when it has a supreme governing or legislative body, and subordinate lodges or...
• Massachusetts General Laws - Representative government; elections; meetings; record - Chapter 176P, Section 3
  A society shall be deemed to have a representative form of government when it provides in its constitution and by-laws for a supreme legislative or...
• Massachusetts General Laws - Limitation of membership - Chapter 176P, Section 4
  A corporation which limits its membership to the members of a particular fraternal beneficiary corporation, fraternity or religious denomination, or to the graduates of a...
• Massachusetts General Laws - Exemption from certain laws - Chapter 176P, Section 5
  Societies shall be governed by this chapter, and shall be exempt from all other provisions of the insurance laws of the commonwealth except sections 16,...
• Massachusetts General Laws - Formation of corporation; purposes; association agreement - Chapter 176P, Section 6
  Seven or more persons, residents of the commonwealth, may form a corporation for the purposes set forth in this chapter. The agreement of association shall...
• Massachusetts General Laws - First meeting; notice; adoption of by-laws; filing of certificate - Chapter 176P, Section 7
  (a) The first meeting of the associates shall be called by a notice, signed by one or more of the subscribers to the agreement, stating...
• Massachusetts General Laws - Lodge plan; preliminary license; solicitation of members; collection of payments; minimum membership; issuance of certificate - Chapter 176P, Section 8
  (a) The commissioner shall then furnish the incorporators of any such society, if on the lodge plan, with a preliminary license, authorizing it to solicit...
• Massachusetts General Laws - Certificate of organization; certificate endorsed by commissioner; filing; certification by state secretary; evidence of corporate existence - Chapter 176P, Section 9
  The society shall file a certificate of organization, with the certificate endorsed by the commissioner, and if on the lodge plan, also the certificate required...
• Massachusetts General Laws - Certificate of commissioner; time limitation; certificate of incorporation; cessation of business operations - Chapter 176P, Section 10
  If a society fails to secure its certificate of incorporation and to begin business within one year after the date of receiving the certificate of...
• Massachusetts General Laws - Limited societies; change of location of business; change of purpose of corporation - Chapter 176P, Section 11
  A limited society may, with the approval of the commissioner, change the location of its place of business to another location in the commonwealth, or...
• Massachusetts General Laws - Mergers; transfers; notice; contracts, financial statements and certificates; commissioner’s approval - Chapter 176P, Section 12
  (a) No domestic society shall merge with or accept the transfer of the membership or funds of any other society, unless 90 days’ notice of...
• Massachusetts General Laws - Death funds; emergency funds; disability funds - Chapter 176P, Section 13
  A society may create, maintain, invest, disburse and apply a death fund, any part of which may, in accordance with the by-laws of a society,...
• Massachusetts General Laws - By-laws; creation of independent hospitalization and medical services fund - Chapter 176P, Section 13A
  A society, except one organized under section 46, whose rates and benefits are approved by the commissioner, may set up and provide under its by-laws...
• Massachusetts General Laws - By-laws; payments by members; provisions; purpose of payments; proportion of payments which may be used for expenses - Chapter 176P, Section 14
  (a) Every provision of the by-laws of the society for payment by its members, in whatever form made, shall distinctly state the purposes of the...
• Massachusetts General Laws - Deferred payments; installments of claims; fixed liabilities on happening of contingency - Chapter 176P, Section 15
  (a) Deferred payments or installments of claims shall be considered as fixed liabilities on the happening of the contingency upon which such payments or installments...
• Massachusetts General Laws - Loans to members; accumulating and maintaining tabular reserve required by table of mortality - Chapter 176P, Section 16
  A society which shows by the annual valuation hereinafter provided for that it is accumulating and maintaining the tabular reserve required by a table of...
• Massachusetts General Laws - Societies maintaining surplus of assets at required level may waive collection of regular mortuary contributions from members - Chapter 176P, Section 17
  Whenever it appears by a valuation certified to by a competent actuary that the actual assets of a society exceed its liabilities, including in such...
• Massachusetts General Laws - Investment of funds - Chapter 176P, Section 18
  A society shall invest its funds in securities permitted by chapter 175 for the investment of the capital of insurance companies, except that it may...
• Massachusetts General Laws - Payment of benefits for disability on account of old age; periodical member contribution for mortuary purposes; restrictions - Chapter 176P, Section 19
  (a) Every society may provide for the payment of death benefits; may issue to its members, term, life, endowment and annuity certificates and combinations thereof;...
• Massachusetts General Laws - Death benefits payable as annuities - Chapter 176P, Section 19A
  A society operating on the lodge system which provides for stated periodic contributions of its members based upon a table of mortality not lower than...
• Massachusetts General Laws - Death benefit certificates - Chapter 176P, Section 20
  A certificate issued by any society shall specify the amount of death benefit provided by it. The certificate, the charter of the articles of organization,...
• Massachusetts General Laws - Death or annuity benefits; beneficiaries designated by members - Chapter 176P, Section 21
  Death or annuity benefits shall be payable to any beneficiary designated by the member, but the society may by its by-laws make restrictions as to...
• Massachusetts General Laws - Funeral expenses of insureds - Chapter 176P, Section 22
  A society may provide in its by-laws that a part of the amount payable as a death benefit may be used to pay the funeral...
• Massachusetts General Laws - Personal representative or family of deceased; freedom of choice in procuring burial supplies and services - Chapter 176P, Section 22A
  No society shall by its by-laws or by any contract or policy made or issued by it in the commonwealth restrict the payment of benefits...
• Massachusetts General Laws - Payment of death, endowment or annuity benefits upon lives of children less than 18 years of age - Chapter 176P, Section 23
  A society operating on the lodge system may provide in its constitution and by-laws, in addition to other benefits provided for therein, for the payment...
• Massachusetts General Laws - Death benefit certificates as to children - Chapter 176P, Section 24
  No death benefit certificate as to any child shall be issued unless the society shall simultaneously put in force at least 500 such certificates, on...
• Massachusetts General Laws - Funds representing benefit contributions for lives of children less than 18 years of age - Chapter 176P, Section 25
  A society entering into insurance agreements under section 23 shall maintain on all such contracts the reserve required by the standard of mortality and interest...
• Massachusetts General Laws - Separation of assets, funds and liabilities - Chapter 176P, Section 26
  The separation of assets, funds and liabilities required by section 25 shall not be terminated, rescinded or modified, nor shall the funds be diverted for...
• Massachusetts General Laws - Mingling of certain funds - Chapter 176P, Section 27
  A society may provide in its by-laws and in the certificate issued under sections 23 to 28, inclusive, for specified payments on account of the...
• Massachusetts General Laws - Actions by beneficiaries - Chapter 176P, Section 28
  In case of the termination of membership in the society by the person responsible for the support of any child on whose account a certificate...
• Massachusetts General Laws - Attachment or taking of benefits to pay debt of member or beneficiary - Chapter 176P, Section 29
  The beneficiary under a certificate issued by any society may maintain an action thereon in his own name.
• Massachusetts General Laws - Exemption from attachment or execution - Chapter 176P, Section 30
  Money or other benefit, charity, or relief or aid, to be paid, provided or rendered by any society, shall not be attached or taken upon...
• Massachusetts General Laws - Admission of persons to beneficial membership - Chapter 176P, Section 31
  Except as provided in sections 23 to 28, inclusive, a society may admit to beneficial membership any person, not less than 16 and not more...
• Massachusetts General Laws - Constitution and by-laws of society; amendments - Chapter 176P, Section 32
  (a) A society may, subject to this chapter, make a constitution and by-laws for its government, admission of members, management of its affairs, and the...
• Massachusetts General Laws - Fraudulent alteration or concealment of records - Chapter 176P, Section 32A
  Whoever with fraudulent intent alters, defaces, mutilates, destroys or conceals any record of a fraternal benefit society made by or in the custody of the...
• Massachusetts General Laws - Location of meetings; location of principal office - Chapter 176P, Section 33
  A domestic society may provide that the meetings of its legislative or governing body may be held in any state or province wherein such society...
• Massachusetts General Laws - Waiver of constitutional provisions - Chapter 176P, Section 34
  The constitution and by-laws of the society shall be binding on it, on its members, and on all beneficiaries of members, and shall provide that...
• Massachusetts General Laws - Filing certified copies of amendments to constitution or by-laws with commissioner - Chapter 176P, Section 35
  The recording officer of a society shall file with the commissioner a duly certified copy, in English, of any amendments of or additions to its...
• Massachusetts General Laws - Examinations of domestic societies by commissioner; proceedings brought by attorney general against domestic societies - Chapter 176P, Section 36
  (a) The commissioner, or any person designated by him, may examine the affairs of any domestic society. The commissioner may employ assistants for the purpose...
• Massachusetts General Laws - Copy of commissioner’s examination reports served on societies - Chapter 176P, Section 37
  (a) After an examination of any society, either domestic or foreign, has been begun, the commissioner shall not make public any financial statement, report or...
• Massachusetts General Laws - Disbursements made by societies; requirements - Chapter 176P, Section 37A
  No society shall make any disbursements of $15 or more, except disbursements on account of the return of dues paid in advance, unless: (1) such...
• Massachusetts General Laws - Annual statement of society’s condition and standing - Chapter 176P, Section 38
  A society shall annually, on or before March 1, file with the commissioner, in such form as he may require, a statement on oath of...
• Massachusetts General Laws - Annual valuation report in addition to annual statement; societies on lodge system - Chapter 176P, Section 39
  (a) In addition to the annual statement required by section 38, a society on the lodge system authorized to pay benefits in the commonwealth upon...
• Massachusetts General Laws - Valuation of bonds or other evidence of debt - Chapter 176P, Section 39A
  A society may, in the annual statement required by section 38, value its bonds or other evidences of debt having a fixed term and rate...
• Massachusetts General Laws - Deficiencies; additional contributions or increased rates of contribution; higher rate class of members - Chapter 176P, Section 40
  (a) If the stated periodical contributions of the members of any society subject to section 39 are insufficient to pay all reported death, disability, hospitalization...
• Massachusetts General Laws - Licenses for foreign societies to transact business in commonwealth - Chapter 176P, Section 41
  (a) No foreign society shall transact any business in the commonwealth without a license from the commissioner. Such society applying for such a license shall...
• Massachusetts General Laws - Foreign societies; service of process - Chapter 176P, Section 42
  A foreign society applying for admission to the commonwealth shall, by duly executed instrument filed with the commissioner, as provided in the third paragraph of...
• Massachusetts General Laws - Foreign societies; deposit - Chapter 176P, Section 42A
  (a) A foreign society, if formed under the law of any government or state other than of the United States, shall not be admitted and...
• Massachusetts General Laws - Foreign societies; refusal to issue license; revocation of license - Chapter 176P, Section 43
  (a) Whenever the commissioner is satisfied that any foreign society (1) has exceeded its powers; (2) has failed to comply with any provision of this...
• Massachusetts General Laws - Foreign societies; examination by commissioner - Chapter 176P, Section 44
  The commissioner or his designee may examine any foreign society transacting business in the commonwealth or applying for admission. For this purpose, the commissioner or...
• Massachusetts General Laws - Domestic societies governed by direct vote of members; membership limited to permanent employees of cities or towns, commonwealth or federal government; no death benefits; annuities or gratuities contingent on disabilities or long service; governing provisions - Chapter 176P, Section 45
  (a) Domestic societies governed by direct vote of their members and limiting their membership as provided in section 4 and domestic fraternal benefit corporations limiting...
• Massachusetts General Laws - Domestic societies; limited membership; members and ex-members of any social organization; governing provisions - Chapter 176P, Section 46
  (a) A domestic society which limits its membership as provided in section 4, or which limits its membership to the members and ex-members of any...
• Massachusetts General Laws - Subordinate lodge of society; ritualistic form of work; disability benefits - Chapter 176P, Section 46A
  A subordinate lodge of a society with ritualistic form of work and representative form of government duly authorized to transact business in the commonwealth under...
• Massachusetts General Laws - Incorporated domestic society transacting business under Sec. 45 or 46; real estate - Chapter 176P, Section 46B
  An incorporated domestic society formed or transacting business under section 45 or 46 may acquire, hold, manage and dispose of real estate in the city...
• Massachusetts General Laws - Society subject to Sec. 45 or 46; payment of benefits - Chapter 176P, Section 46C
  A society subject to section 45 and section 46 may provide for the payment of any part or all of the benefits payable to its...
• Massachusetts General Laws - Grand or district lodge of secret order or fraternity transacting business under Sec. 45 or 46; benefits - Chapter 176P, Section 46D
  A grand or district lodge of a secret order or fraternity which operates on the lodge system with a representative form of government and doing...
• Massachusetts General Laws - Jurisdiction of superior court in equity - Chapter 176P, Section 47
  The superior court shall have jurisdiction in equity, upon an information filed by the attorney general at the request of the commissioner, to restrain all...
• Massachusetts General Laws - Contract of insurance or benefit certificate issued in violation of any provision of this chapter - Chapter 176P, Section 47A
  A contract of insurance or a benefit certificate made, issued or delivered by any society in violation of any provision of this chapter, or any...
• Massachusetts General Laws - False or fraudulent statement or representation by society with reference to application for membership; penalties - Chapter 176P, Section 48
  A person, officer, member or examining physician of any society who shall knowingly or willfully make any false or fraudulent statement or representation in or...
• Massachusetts General Laws - Unauthorized solicitation; penalties - Chapter 176P, Section 49
  (a) Whoever solicits membership in any society not duly authorized to transact business in the commonwealth, or, whoever, for a person other than himself, or...
• Massachusetts General Laws - Pensions for society employees; expense fund - Chapter 176P, Section 49A
  A society operating on the lodge system with a representative form of government whose rates are on a basis of mortality not lower than the...
• Massachusetts General Laws - Violation of chapter provisions; penalty - Chapter 176P, Section 50
  Whoever violates any provision of this chapter for which a specific penalty is not provided shall be punished by a fine of not more than

Last modified: September 11, 2015