reglab/housing_qa huggingface dataset:
KS Stat § 40-4006 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 40 - Conversion Of Domestic Mutual Insurer Into Domestic Stock Insurer|40-4006 Limitation on ownership of voting stock of converted insurer; violations; remedies.

40-4006. Limitation on ownership of voting stock of converted insurer; violations; remedies. (a) For five years from the conversion date, no person (including any individual, corporation, firm or affiliated group of individuals, corporations or firms), other than a parent corporation, may own, directly or indirectly, more than 5% of the voting stock (including any securities that may be convertible into voting stock) of the converted insurer, unless:(1) The person is a policyholder whose allocated share of the consideration provided for in the plan of conversion is 5% or more of the voting stock (including any securities that may be convertible into voting stock), and such individual may not purchase stock totaling more than the individual's allocated share of such consideration; or(2) the purchase is permitted by the commissioner and authorized by the converted company's board of directors.(b) In the event of any violation of this section, or in the event of any action that, if consummated, would constitute a violation of this section, all voting securities of the converted insurer (or of the person controlling the converted insurer) that is acquired by any person in excess of the maximum amount permitted to be acquired by the person pursuant to this section shall be deemed to be nonvoting securities of the converted insurer (or of the person controlling the converted insurer). The violation or action may be enforced or enjoined by an appropriate proceeding commenced by the converted insurer, the person controlling the converted insurer, the commissioner, any policyholder or stockholder of the converted insurer on behalf of the converted insurer (or on behalf of the person controlling the converted insurer) in the district court in which the converted insurer has its home office or in any other court having jurisdiction. The court may issue any order it finds necessary to cure the violation or to prevent the proposed action that would constitute a violation.(c) Nothing provided in this act shall be deemed to prohibit the insurer's directors, officers, agents or employees from being eligible to purchase stock or other securities of the insurer, subject to the provisions of subsection (a).History: L. 1985, ch. 154, § 6; L. 1997, ch. 107, § 8; July 1.
KS Stat § 40-4007 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 40 - Conversion Of Domestic Mutual Insurer Into Domestic Stock Insurer|40-4007 Prohibition on certain persons benefiting from assistance in conversion.

40-4007. Prohibition on certain persons benefiting from assistance in conversion. (a) No director, officer, agent or employee of the insurer shall secure any unfair advantage through a plan of conversion by reducing the volume of new business written, by cancellation or by reducing or by any other means seeking to reduce, limit or alter the number or identity of the insurer's policyholders entitled to participate in such plan.(b) No director, officer, agent or employee of the insurer shall receive any fee, commission or other valuable consideration whatsoever, other than regular salary and compensation, for in any manner aiding, promoting or assisting in the conversion except as set forth in the plan approved by the commissioner of insurance. This provision shall not be deemed to prohibit the payment of reasonable fees and compensation to attorneys at law, accountants, appraisers, actuaries, financial advisers or other similar professionals for services performed in the independent practice of their professions, even though such person may also be directors of the insurer.History: L. 1985, ch. 154, § 7; L. 1997, ch. 107, § 9; July 1.
KS Stat § 40-4008 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 40 - Conversion Of Domestic Mutual Insurer Into Domestic Stock Insurer|40-4008 Issuance of certificate of authority as final act of conversion; conversion not to affect rights of insurer.

40-4008. Issuance of certificate of authority as final act of conversion; conversion not to affect rights of insurer. Within 30 days of receipt of the filing of the approved plan in accordance with subsection (f) of K.S.A. 40-4002 and the amended articles of incorporation, the commissioner shall issue a new certificate of authority to the insurer. Notwithstanding the actions of any other jurisdiction, the issuance of such certificate shall be deemed the final act of conversion and the mutual insurer shall concurrently become a stock insurer. The date of the issuance of such certificate shall be the "conversion date" of the insurer. The stock insurer shall be a continuation of the mutual insurer and deemed to have been organized at the time the converted mutual insurer was organized. The conversion shall in no way annul, modify or change any of such insurer's existing suits, rights, contracts or liabilities except as provided in the plan. The insurer, after conversion, shall exercise all the rights and powers and perform all the duties conferred or imposed by law upon insurers writing the classes of insurance written by it and shall retain the rights and contracts existing prior to conversion, subject to the effect of the plan.History: L. 1985, ch. 154, § 8; L. 1997, ch. 107, § 10; July 1.
KS Stat § 40-4009 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 40 - Conversion Of Domestic Mutual Insurer Into Domestic Stock Insurer|40-4009 Directors and officers of mutual insurer, service.

40-4009. Directors and officers of mutual insurer, service. The directors and officers of the mutual insurer shall serve until new directors and officers have been duly elected and qualified pursuant to the plan and articles of incorporation or bylaws of the converted insurer or of the affiliates of the converted insurer, if applicable, unless otherwise determined by the board of directors of the converting insurer.History: L. 1985, ch. 154, § 9; L. 1997, ch. 107, § 11; July 1.
KS Stat § 40-4010 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 40 - Conversion Of Domestic Mutual Insurer Into Domestic Stock Insurer|40-4010 Securities issued under plan exempt from securities laws.

40-4010. Securities issued under plan exempt from securities laws. The offer or sale of securities issued under the plan developed and approved in accordance with the provisions of this act shall be exempt from the Kansas securities laws.History: L. 1985, ch. 154, § 10; L. 1997, ch. 107, § 12; July 1.
KS Stat § 40-4011 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 40 - Conversion Of Domestic Mutual Insurer Into Domestic Stock Insurer|40-4011 Actions challenging validity of conversion; security required.

40-4011. Actions challenging validity of conversion; security required. No action challenging the validity of a conversion, or any aspect of such conversion under this act, may be commenced more than 30 days after the final act of conversion.In any action challenging the plan of conversion or charging that the directors of the converting insurer, the converted insurer, the mutual holding company or the stock holding company, as applicable or any other person or persons have acted improperly in connection with any aspect of the conversion, the insurer or converted insurer in whose right such action is brought or the defendant or defendants shall be entitled at any stage of the proceedings before final judgment to require the plaintiff or plaintiffs to give security for the reasonable expenses including attorney fees, which may be incurred by the converting insurer, converted insurer or any other parties defendant in connection with such action. Thereafter, the amount of such security, from time to time, may be increased or decreased in the discretion of the court having jurisdiction of such action upon a showing that the security provided has or may become inadequate or excessive.History: L. 1985, ch. 154, § 11; L. 1997, ch. 107, § 13; July 1.
KS Stat § 40-4012 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 40 - Conversion Of Domestic Mutual Insurer Into Domestic Stock Insurer|40-4012 Rules and regulations.

40-4012. Rules and regulations. The commissioner may adopt rules and regulations to carry out the provisions of this act.History: L. 1985, ch. 154, § 12; L. 1997, ch. 107, § 14; July 1.
KS Stat § 40-4013 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 40 - Conversion Of Domestic Mutual Insurer Into Domestic Stock Insurer|40-4013 Commissioner to charge insurer for expenses.

40-4013. Commissioner to charge insurer for expenses. The commissioner shall also have the authority to retain experts and may charge and collect from the insurer the actual amount of expenses, including the expenses of retaining experts, reasonably incurred by the state in discharge of the commissioner's duties hereunder, including the determination of a valuation of the insurer.History: L. 1985, ch. 154, § 13; L. 1997, ch. 107, § 15; July 1.
KS Stat § 40-4014 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 40 - Conversion Of Domestic Mutual Insurer Into Domestic Stock Insurer|40-4014 Filing amended articles of incorporation with secretary of state.

40-4014. Filing amended articles of incorporation with secretary of state. Not later than 24 hours after issuance of the certificate of authority to the converted stock insurer, a certified copy of the amended articles of incorporation of the insurer shall be filed with the secretary of state.History: L. 1985, ch. 154, § 14; L. 1997, ch. 107, § 16; July 1.
KS Stat § 40-4102 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 41 - Risk Retention And Purchasing Groups|40-4102 Kansas charter; must be licensed insurance company; submission of plan of operation or feasibility study; information required to be provided to national association of insurance commissioners.

40-4102. Kansas charter; must be licensed insurance company; submission of plan of operation or feasibility study; information required to be provided to national association of insurance commissioners. A risk retention group seeking to be chartered in this state must be chartered and licensed as a liability insurance company authorized by the insurance laws of this state and, except as provided elsewhere in this act, must comply with all of the laws, rules and regulations and requirements applicable to such insurers chartered and licensed in this state and with K.S.A. 40-4103, and amendments thereto, to the extent such requirements are not a limitation on laws, rules and regulations or requirements of this state. Before it may offer insurance in any state, each risk retention group shall also submit for approval to the insurance commissioner of this state a plan of operation or a feasibility study and revisions of such plan or study if the group intends to offer any additional lines of liability insurance. Immediately upon receipt of an application for charter, this state shall provide summary information concerning the filing to the national association of insurance commissioners including the name of the risk retention group, the identity of the initial members of the group, the identity of those individuals who organized the group or who will provide administrative services or otherwise influence or control the activities of the group, the amount and nature of initial capitalization, the coverage to be afforded and the states in which the group intends to operate. Providing notification to the national association of insurance commissioners is in addition to and shall not be sufficient to satisfy the requirements of K.S.A. 40-4103, and amendments thereto, and all other sections of this act.History: L. 1986, ch. 166, § 2; L. 1987, ch. 172, § 2; April 30.
KS Stat § 40-4108 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 41 - Risk Retention And Purchasing Groups|40-4108 Risk retention group prohibited from joining insolvency guaranty fund.

40-4108. Risk retention group prohibited from joining insolvency guaranty fund. No risk retention group shall be permitted to join or contribute financially to any insurance insolvency guaranty fund, or similar mechanism, in this state, nor shall any risk retention group, or its insured, receive any benefit from any such fund for claims arising out of the operations of such risk retention group.History: L. 1986, ch. 166, § 8; L. 1987, ch. 172, § 4; April 30.
KS Stat § 40-4109 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 41 - Risk Retention And Purchasing Groups|40-4109 Policy issued to risk retention group not required to be countersigned.

40-4109. Policy issued to risk retention group not required to be countersigned. A policy of insurance issued to a risk retention group or any member of that group shall not be required to be countersigned as otherwise provided by K.S.A. 40-246, and amendments thereto.History: L. 1986, ch. 166, § 9; L. 1987, ch. 172, § 5; April 30.
KS Stat § 40-4114 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 41 - Risk Retention And Purchasing Groups|40-4114 Rules and regulations.

40-4114. Rules and regulations. The commissioner is hereby authorized to adopt such rules and regulations relating to risk retention groups as may be necessary to carry out the provisions of this act.History: L. 1986, ch. 166, § 14; L. 1987, ch. 172, § 13; April 30.
KS Stat § 40-4115 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 41 - Risk Retention And Purchasing Groups|40-4115 Purchasing groups satisfying criteria of federal law exempt from certain state laws; insurers doing business with purchasing groups exempt from certain state laws.

40-4115. Purchasing groups satisfying criteria of federal law exempt from certain state laws; insurers doing business with purchasing groups exempt from certain state laws. Any purchasing group meeting the criteria established under the provisions of the federal liability risk retention act of 1986 shall be exempt from any law of this state relating to the creation of groups for the purchase of insurance, prohibition of group purchasing or any law that would discriminate against a purchasing group or its members. In addition, an insurer shall be exempt from any law of this state which prohibits providing, or offering to provide, to a purchasing group or its members advantages based on their loss and expense experience not afforded to other persons with respect to rates, policy forms, coverage or other matters. A purchasing group shall be subject to all other applicable laws of this state.History: L. 1987, ch. 172, § 6; April 30.
KS Stat § 40-4117 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 41 - Risk Retention And Purchasing Groups|40-4117 Purchase of insurance through surplus lines agent or broker required, when.

40-4117. Purchase of insurance through surplus lines agent or broker required, when. A purchasing group may not purchase insurance from a risk retention group that is not chartered in a state or from an insurer not admitted in the state in which the purchasing group is located, unless the purchase is effected through a licensed agent or broker acting pursuant to the surplus lines laws and regulations of such state.History: L. 1987, ch. 172, § 8; April 30.
KS Stat § 40-4118 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 41 - Risk Retention And Purchasing Groups|40-4118 Federal preemption of commissioner's powers; injunctive authority restricted.

40-4118. Federal preemption of commissioner's powers; injunctive authority restricted. The commissioner is authorized to make use of any of the powers established under the insurance code of this state to enforce the laws of this state so long as those powers are not specifically preempted by the product liability risk retention act of 1981, as amended by the risk retention amendments of 1986. Such authorization includes, but is not limited to, the commissioner's administrative authority to investigate, issue subpoenas, conduct depositions and hearings, issue orders and impose penalties. With regard to any investigation, administrative proceeding, or litigation, the commissioner can rely on the procedural law and regulations of the state. The injunctive authority of the commissioner in regard to risk retention groups is restricted by the requirement that any injunction be issued by a court of competent jurisdiction.History: L. 1987, ch. 172, § 9; April 30.
KS Stat § 40-4119 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 41 - Risk Retention And Purchasing Groups|40-4119 Agents and brokers for risk retention groups; licensure.

40-4119. Agents and brokers for risk retention groups; licensure. Any person acting, or offering to act, as an agent or broker for a risk retention group, which solicits members, sells insurance coverage, purchases coverage for its members located within the state or otherwise does business in this state shall, before commencing any such activity, obtain a license from the commissioner.History: L. 1987, ch. 172, § 11; April 30.
KS Stat § 40-4120 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 41 - Risk Retention And Purchasing Groups|40-4120 Order of United States district court enjoining risk retention group from doing business enforceable in state courts.

40-4120. Order of United States district court enjoining risk retention group from doing business enforceable in state courts. An order issued by any district court of the United States enjoining a risk retention group from soliciting or selling insurance, or operating, in any state (or in all states or in any territory or possession of the United States) upon a finding that such a group is in a hazardous financial condition, shall be enforceable in the courts of the state.History: L. 1987, ch. 172, § 12; April 30.
KS Stat § 40-4201 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 42 - Prepaid Legal And Dental Service Plans|40-4201 Definitions.

40-4201. Definitions. As used in this act, unless the context requires otherwise:(a) "Prepaid service plan" means any person, company, corporation, partnership or other legal entity who collects periodic fees on a prepaid basis from residents of this state in connection with for-profit legal or dental coverage other than: (1) An employer on behalf of its employees or the employees of one or more subsidiary or affiliated corporations of such employer; (2) a union or association on behalf of its members; (3) an organization transacting business in this state pursuant to article 19a of chapter 40 of the Kansas Statutes Annotated, and amendments thereto, including their sales representatives when engaged in the performance of their duties as such; (4) an insurance company duly authorized to conduct insurance pursuant to K.S.A. 40-1102(1)(m), and amendments thereto; or (5) a company providing products and services to customers for a fee where customers receive consultations with a licensed attorney connected to the customer by the company, so long as the company does not directly provide legal services, pay for legal services beyond a minimal administrative fee per customer or indemnify or reimburse the customer for any legal expenses incurred.(b) "Provider" means any attorney or dentist currently licensed and in good standing in this state who enters into a provider agreement as defined in this act.(c) "Member" means an individual or person on behalf of a group of individuals who enters into a membership agreement with a prepaid service plan which agrees to provide legal or dental services to the member: (1) For a predetermined monthly membership fee; (2) at a reduced rate in exchange for such a monthly membership fee; or (3) a combination of both a predetermined monthly fee and a reduced rate in exchange for such a monthly membership fee.(d) "Membership agreement" means the written contract between the member and the prepaid service plan.(e) "Provider agreement" means the written contract between the provider and the prepaid service plan.History: L. 1987, ch. 157, § 1; L. 2015, ch. 45, § 2; July 1.
KS Stat § 40-4202 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 42 - Prepaid Legal And Dental Service Plans|40-4202 Plan required to enter agreements with providers and members; provider agreement, retention and guarantee of services; membership agreement, terms.

40-4202. Plan required to enter agreements with providers and members; provider agreement, retention and guarantee of services; membership agreement, terms. (a) A prepaid service plan shall not operate in Kansas without entering into a provider agreement with the provider and a membership agreement with each member in accordance with the provisions of this section.(b) Each provider agreement shall be retained as part of the official records of both the provider and the prepaid service plan for the duration of the agreement and five years thereafter. Each provider agreement shall contain provisions which include the requirements of K.S.A. 40-4203 through 40-4207 and shall include a guarantee for the provision of services to the member for the duration of the membership agreement regardless of whether the prepaid service plan ceases doing business for any reason.(c) Each membership agreement shall contain the terms of the agreement, including a list of the benefits to be provided.History: L. 1987, ch. 157, § 2; Jan. 1, 1988.
KS Stat § 40-4203 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 42 - Prepaid Legal And Dental Service Plans|40-4203 Registration of individuals soliciting memberships for plan.

40-4203. Registration of individuals soliciting memberships for plan. (a) Every prepaid service plan authorized to do business in this state shall register each individual who solicits memberships on its behalf by listing such individuals on a form provided by the commissioner of insurance. On January 1 and July 1 of each year, the prepaid service plan shall advise the commissioner of insurance of additions or deletions from this list since the last reporting date.(b) As a condition precedent to the continuation of the certificate of registration, all prepaid service plans shall pay an annual fee of $2 for each individual required to be registered pursuant to this section.History: L. 1987, ch. 157, § 3; L. 1992, ch. 154, § 7; July 1.
KS Stat § 40-4204 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 42 - Prepaid Legal And Dental Service Plans|40-4204 Utilization of services; payment of provider; right of provider not limited.

40-4204. Utilization of services; payment of provider; right of provider not limited. Whenever a member utilizes the services of a prepaid service plan under the terms of a written contract as required in K.S.A. 40-4202, the payment to the provider of any amount by or on behalf of the member by the prepaid service plan shall be deemed payment to that provider when received. Nothing in this act shall limit any right of the provider against the prepaid service plan resulting from its failure to make payments to the provider.History: L. 1987, ch. 157, § 4; Jan. 1, 1988.