The Worthington advance. [volume] (Worthington, Minn.) 1874-1908, 1885-03-26

citation OF society. Any corporation. association
| report. or to make payment Of any Of the fees
mentioned In section fifteen Of this act, may,
upon the suit Of said commissioners. be onjoined
ness until such report and payment shall be
made. and Unit! the cost OF such action he paid.
| SEC: :. Every such corporation, association
or society doing business within this state, ex-
cept such as have already made such designa-
ton ana every such association hereafter COM
doing business therein, designate some one
place within this State ~ the principal office in
this state Of such association, and some person
residing in the same city, village or town where
| such Office Is located as q person upon whom
| service OF legal proceedings aud papers NAV be
| made, as upon such association, such designa-
ton to be made by an instrument under the
hand OF the president and secretary or other
duly authorized officers OF such association filed
in the Office OF the superintendent of the insur-
| ance department. Of this State: aud any legal
process affecting such association. corporation
or society served on the commissioner Of insur-
it personally served on the association or It's
authorized attorney. Whenever service Of
any such legal process Is made on the
notify by mail the association, corporation
or society affected thereby. II the person
designated as above provided shall die or remove
from such place. another person shall be ap-
pointed in his place within thirty days, and
such attorney, or location of principal office.
! may, at the option Of such association, corpora
OF any change Of tho office of such association or
any new different designation OF q person
upon whom service may be made as above pro-
Vlded, shall, under the hand of such president
and secretary or other officer, he filed with the
commissioner aforesaid within thirty days after
such change or new designation is made. Upon
| failure to comply with any Of the provisions Of
this section within thirty days after written no.
tlce by said commissioner OF such default and
shall cease to do business in this state until
| compliance Herewith: and any officer, agen: or
representative of such association who shall COL
lect any moneys or issue any certificate carrying
on said business during such failure, after the
expiration OF such notice to comply with those
| hereinafter provided.
SEC. y. No such corporation. association or
! society. organized under the laws Of any other
state or territory Of the United States or the
| District OF Columbia. or foreign countries, ex-
cept such secret fraternal societies having sub
| ordinate lodges or councils as are now author
| lied to transact business within this state with
| the consent OF such commissioner shall transact
| business therein until it has received from the
commissioner OF insurance q certificate OF au-
filed in the office Of said commissioner. It shall
| be the duty OF said commissioner annually to
Issue to such foreign corporation, association or
society. renewal certificates OF authority to con-
! tnue Its business If its annual report is salts
factory to him, which certificate shall be filed in
| the office OF the clerk OF the county where its
! principal office Is located In this state, within
| sixty days after filing such annual report; and
| no such foreign corporation, association
ciety. excepting such secret traternal societies.
having subordinate lodges or councils are now
| authorized as aforesaid, shall be authorized to
! continue such business after the expiration OF
such sixty DAYS. unless such certificate shall
| have been so received and filed. Whenever the
| insurance commissioner shall have reason to
! doubt the sOlvency OF any such foreign CORPORA
ton or association he may, at the expense Of
such corporation or association. cause an ex-
! animation OF its books and papers to be made;
and. il in his Judgment, such examination
| establishes the fact that such CORPORATION or
| ia all ia
Quoting its business fraudulently, ii it should
| fail to make the statement required by this act,
| or association, and prohibit it from doing BUSH
ness in this state until 1t can again comply with
! the provisions of this act; and it shall be the
duty OF said commissioner to refuse such GER
titicate Of authority, or the renewal thereof to
! any such foreign corporation, association OF
| society. when, by the laws OF the State or Terri
| tory under which the same Is organized. corpora
| tions. associations or societies Of this State
| doing lite, endowment casualty business
| not permitted to transact such business in such
! other State or Territory. When any other State
! or Territory shall impose any obligation upon
! such corporation. association or society OF this
| State or their agents traEsactin9 business in
| such other State Territory, the like obiga-
! tions are hereby imposed on similar corpora
| lions, associations societies Of such other
| State or Territory aud their agents or repre-
| sentatives transactin2 business in this state;
and such corporation, association OF society OF
| such other State or Territory, and their agents
or representatives. shall pay all licenses, fees or
| penalties TO and make deposits with the state
| treasurer. Provided, that nothing herein con-
| tanned shall be construed to authorize any such
| foreign corporation association or society," ex-
| cept such fraternal secret societies having sub
| ordinate lodges or councils now authorized, as
| aforesaid, to transact such business within this
state. without obtaining the consent OF such
c9mmissoner thereto and the renewal certificate
Sec. 10. Every charter created by or under
this. act for the purposes aforesaid shall
1on'tn u, until cot1t revoked by the 5ads-
| Provided. always, that charters hereafter to be
| filed in the insurance department shall be con-
sdered as abandoned and become imperative
and void unless the corporators perfect their or
| ganization hereunder, and issue certificates of
| membership within the period Of one year from
! the date OF filing such charters.
! SEC. IL. Any existing CORPORATION, association
! or society transacting business of life, endow-
ment or casualty insurance, upon the co-opera-
tive or assessment plan, and incorporated under
the laws or this state, may reincorpOrate under
! the provisions Of this act by filing with said
commissioner the declaration required by tho
! second section Of this act signed and duly ac-
| knowlcd2ed by majority Of It's board OF direc-
| tors, trustees or managers and the certificate OF
| conformity from the attorney general of the
| stale: whereupOn the said commissioner shall
record and deliver to such corporation, associa-
| ton or society a certified copy Of such declara-
ton, and such certificate. together with his
license to transact business: and upon the same
being filed in the Office Of the clerk OF the county
wherein the principal office for the transaction OF
| It's business ia located the same shall thereupon
| be deemed to be incorporated under the provis-
| ions OF this act. Provided always that moth
| ing In this act contained shall be construed as
| requiring or making it obligatory upon any such
existing corporation association society to re-
| incorporate under the provisions of this act and
! any: sucn existing corporation. association or
| society may continue to exercise all rights,
! powers and privileges not inconsistent with this
act pursuant to it's articles of association or in
| corporation. the same as II reincorporated under
| this act.
SEC. H. All such corporations, associations
! or societies, together with their books, papers
and vouchers, shall be subject to visitation and
! inspection by the commissioner Of insurance, or
! such person or persons as he may designate. If
said commissioner shall be of the opinion that
such corporation, association or society shall be
! restrained from doing business, he shall report
the same. with the facts upon which such
opinion is 6assd T. to the +. attorney
be OF the opinion that the facts warrant
such report, to apply to the district court.
at special term thereof, within the judicial dis
trict in which the principal place of business Of
sucn corporation, association or society within
| this State IL located for order requiring the
officers Of such corpo: alton, association or
| society to show cause, at q reasonable time and
| place within such district, why such corpora
lion. association or society should not be re-
strained from CONTINUING to transact business
| ing thereof from time to time not exceeding how
ever, sixty days in tho aggregate Such corpora
tons, associations or societies shall be entitled
to be beard, and to trial by jury, Of the facts
stated In said report, and to examine papers and
witnesses under oath In the usual mode Of trials
VI aCCituS, anu Cue VeIUlCC OK S2lQ jury snail be
conclusive upon the propriety Of restraining
such continuance Of business upon such report
and opinion. And Judgment shall be entered
| upon such verdict In tho Same manner as in
| ordinary actions
SEC. 13. The commissioner Of insurance is
| hereby authorized and empowered to address
any INQUIRIES to any Of the corporations asso-
Citations OF societies referred to In this act, in
relation to its doinge or condition, or any other
matter connected with its transactions relative
| to the business contemplated by this act: and it
shall be the duty Of the officers Of the corpora
| tion, association OF society so addressed to