reglab/statecodes huggingface dataset:
2023 Iowa Code › Title XII - BUSINESS ENTITIES › Chapter 504 - REVISED IOWA NONPROFIT CORPORATION ACT › Section 504.1521 - Withdrawal of foreign corporation.

504.1521 Withdrawal of foreign corporation.
1. A foreign corporation authorized to transact business in this state shall not withdraw from this state until it obtains a certificate of withdrawal from the secretary of state.
2. A foreign corporation authorized to transact business in this state may apply for a certificate of withdrawal by delivering an application to the secretary of state for filing. The application shall set forth all of the following:
a. The name of the foreign corporation and the name of the state or country under whose law it is incorporated.
b. That it is not transacting business in this state and that it surrenders its authority to transact business in this state.
c. That it revokes the authority of its registered agent to accept service on its behalf and appoints the secretary of state as its agent for service of process in any proceeding based on a cause of action arising during the time it was authorized to do business in this state.
d. A mailing address to which the secretary of state may mail a copy of any process served on the secretary of state under paragraph “c”.
3. After the withdrawal of the corporation is effective, service of process on the secretary of state under this section is service on the foreign corporation. Upon receipt of process, the secretary of state shall mail a copy of the process to the foreign corporation at the mailing address set forth in its application for withdrawal.
2004 Acts, ch 1049, §163, 192
Referred to in §9.11, 504.1510
2023 Iowa Code › Title XII - BUSINESS ENTITIES › Chapter 504 - REVISED IOWA NONPROFIT CORPORATION ACT › Section 504.1531 - Grounds for revocation.

504.1531 Grounds for revocation.
1. The secretary of state may commence a proceeding under section 504.1532 to revoke the certificate of authority of a foreign corporation authorized to transact business in this state if any of the following applies:
a. The foreign corporation does not deliver the biennial report to the secretary of state in a form that meets the requirements of section 504.1613 within sixty days after it is due.
b. The foreign corporation is without a registered agent or registered office in this state for sixty days or more.
c. The foreign corporation does not inform the secretary of state under section 504.1508 or 504.1509 that its registered agent or registered office has changed, that its registered agent has resigned, or that its registered office has been discontinued within ninety days of the change, resignation, or discontinuance.
d. An incorporator, director, officer, or agent of the foreign corporation signed a document that such person knew was false in any material respect with intent that the document be delivered to the secretary of state for filing.
e. The secretary of state receives a duly authenticated certificate from the secretary of state or other official having custody of corporate records in the state or country under whose law the foreign corporation is incorporated, stating that it has been dissolved or disappeared as the result of a merger.
2. The attorney general may commence a proceeding under section 504.1532 to revoke the certificate of authority of a foreign corporation authorized to transact business in this state if the corporation has continued to exceed or abuse the authority conferred upon it by law.
2004 Acts, ch 1049, §164, 192
Referred to in §504.1532
2023 Iowa Code › Title XII - BUSINESS ENTITIES › Chapter 504 - REVISED IOWA NONPROFIT CORPORATION ACT › Section 504.1532 - Procedure for and effect of revocation.

504.1532 Procedure for and effect of revocation.
1. The secretary of state, upon determining that one or more grounds exist under section 504.1531 for revocation of a certificate of authority, shall serve the foreign corporation with written notice of that determination under section 504.1510.
2. The attorney general, upon determining that one or more grounds exist under section 504.1531, subsection 2, for revocation of a certificate of authority, shall request the secretary of state to serve, and the secretary of state shall serve, the foreign corporation with written notice of that determination under section 504.1510.
3. If the foreign corporation does not correct each ground for revocation or demonstrate to the reasonable satisfaction of the secretary of state or attorney general that each ground for revocation determined by the secretary of state or attorney general does not exist within sixty days after service of the notice is perfected under section 504.1510, the secretary of state may revoke the foreign corporation’s certificate of authority by signing a certificate of revocation that recites the ground or grounds for revocation and its effective date. The secretary of state shall file the original of the certificate and serve a copy on the foreign corporation under section 504.1510.
4. The authority of a foreign corporation to transact business in this state ceases on the date shown on the certificate revoking its certificate of authority.
5. The secretary of state’s revocation of a foreign corporation’s certificate of authority appoints the secretary of state the foreign corporation’s agent for service of process in any proceeding based on a cause of action that arose during the time the foreign corporation was authorized to transact business in this state. Service of process on the secretary of state under this subsection is service on the foreign corporation. Upon receipt of process, the secretary of state shall mail a copy of the process to the secretary of the foreign corporation at its principal office shown in its most recent biennial report or in any subsequent communications received from the corporation stating the current mailing address of its principal office or, if none are on file, in its application for a certificate of authority.
6. Revocation of a foreign corporation’s certificate of authority does not terminate the authority of the registered agent of the corporation.
2004 Acts, ch 1049, §165, 192
Referred to in §504.1510, 504.1531
2023 Iowa Code › Title XII - BUSINESS ENTITIES › Chapter 504 - REVISED IOWA NONPROFIT CORPORATION ACT › Section 504.1533 - Appeal from revocation.

504.1533 Appeal from revocation.
1. A foreign corporation may appeal the secretary of state’s revocation of its certificate of authority to the district court within thirty days after the service of the certificate of revocation is perfected under section 504.1510 by petitioning to set aside the revocation and attaching to the petition copies of its certificate of authority and the secretary of state’s certificate of revocation.
2. The court may summarily order the secretary of state to reinstate the certificate of authority or may take any other action the court considers appropriate.
3. The court’s final decision may be appealed as in other civil proceedings.
2004 Acts, ch 1049, §166, 192
2023 Iowa Code › Title XII - BUSINESS ENTITIES › Chapter 504 - REVISED IOWA NONPROFIT CORPORATION ACT › Section 504.1601 - Corporate records.

504.1601 Corporate records.
1. A corporation shall keep as permanent records minutes of all meetings of its members and board of directors, a record of all actions taken by the members or directors without a meeting, and a record of all actions taken by committees of the board of directors as authorized by section 504.826, subsection 4.
2. A corporation shall maintain appropriate accounting records.
3. A corporation or its agent shall maintain a record of its members in a form that permits preparation of a list of the names and addresses of all members, in alphabetical order by class, showing the number of votes each member is entitled to vote.
4. A corporation shall maintain its records in written form or in another form capable of conversion into written form within a reasonable time.
5. A corporation shall keep a copy of all of the following records:
a. Its articles or restated articles of incorporation and all amendments to them currently in effect.
b. Its bylaws or restated bylaws and all amendments to them currently in effect.
c. Resolutions adopted by its board of directors relating to the characteristics, qualifications, rights, limitations, and obligations of members or any class or category of members.
d. The minutes of all meetings of members and records of all actions approved by the members for the past three years.
e. All written communications to members generally within the past three years, including the financial statements furnished for the past three years under section 504.1611.
f. A list of the names and business or home addresses of its current directors and officers.
g. Its most recent biennial report delivered to the secretary of state under section 504.1613.
2004 Acts, ch 1049, §167, 192
Referred to in §504.1602
2023 Iowa Code › Title XII - BUSINESS ENTITIES › Chapter 504 - REVISED IOWA NONPROFIT CORPORATION ACT › Section 504.1603 - Scope of inspection right.

504.1603 Scope of inspection right.
1. A member’s agent or attorney has the same inspection and copying rights as the member the agent or attorney represents.
2. The right to copy records under section 504.1602 includes, if reasonable, the right to receive copies made by photographic, xerographic, or other means.
3. The corporation may impose a reasonable charge, covering the costs of labor and material, for copies of any documents provided to the member. The charge shall not exceed the estimated cost of production or reproduction of the records.
4. The corporation may comply with a member’s demand to inspect the record of members under section 504.1602, subsection 2, paragraph “c”, by providing the member with a list of its members that was compiled no earlier than the date of the member’s demand.
2004 Acts, ch 1049, §169, 192
2023 Iowa Code › Title XII - BUSINESS ENTITIES › Chapter 504 - REVISED IOWA NONPROFIT CORPORATION ACT › Section 504.1604 - Court-ordered inspection.

504.1604 Court-ordered inspection.
1. If a corporation does not allow a member who complies with section 504.1602, subsection 1, to inspect and copy any records required by that subsection to be available for inspection, the district court in the county where the corporation’s principal office is located or, if none is located in this state, where its registered office is located, may summarily order inspection and copying of the records demanded at the corporation’s expense upon application of the member.
2. If a corporation does not within a reasonable time allow a member to inspect and copy any other records, or propose a reasonable alternative to such inspection and copying, the member who complies with section 504.1602, subsections 2 and 3, may apply to the district court in the county where the corporation’s principal office is located or, if none is located in this state, where its registered office is located, for an order to permit inspection and copying of the records demanded. The court shall dispose of an application under this subsection on an expedited basis.
3. If the court orders inspection and copying of the records demanded or other relief deemed appropriate by the court, it shall also order the corporation to pay the member’s costs, including reasonable attorney fees incurred, to obtain the order unless the corporation proves that it refused inspection in good faith because it had a reasonable basis for doubt about the right of the member to inspect the records demanded.
4. If the court orders inspection and copying of the records demanded or other relief deemed appropriate by the court, it may impose reasonable restrictions on the use or distribution of the records by the demanding member.
5. If the court orders inspection of records containing personal information as defined in section 22A.1, such inspection shall be made under seal from public disclosure. A person who violates this subsection is subject to civil penalties under section 22A.3. A person who knowingly violates this subsection is subject to criminal penalties under section 22A.4.
2004 Acts, ch 1049, §170, 192; 2021 Acts, ch 120, §7
Referred to in §22A.3, 22A.4
2023 Iowa Code › Title XII - BUSINESS ENTITIES › Chapter 504 - REVISED IOWA NONPROFIT CORPORATION ACT › Section 504.1605 - Limitations on use of corporate records.

504.1605 Limitations on use of corporate records.
Without consent of the board, no corporate record may be obtained or used by any person for any purpose unrelated to a member’s interest as a member. Without limiting the generality of the foregoing, without the consent of the board, corporate records, including without limitation a membership list or any part thereof, shall not be used for any of the following:
1. To solicit money or property unless such money or property will be used solely to solicit the votes of the members in an election to be held by the corporation.
2. For any commercial purpose.
3. For sale to or purchase by any person.
4. For any purpose that is detrimental to the interests of the corporation.
5. To obtain personal information as defined in section 22A.1. A person who violates this subsection is subject to civil penalties under section 22A.3. A person who knowingly violates this subsection is subject to criminal penalties under section 22A.4.
2004 Acts, ch 1049, §171, 192; 2021 Acts, ch 120, §8
Referred to in §22A.3, 22A.4, 504.711, 504.1602
2023 Iowa Code › Title XII - BUSINESS ENTITIES › Chapter 504 - REVISED IOWA NONPROFIT CORPORATION ACT › Section 504.1606 - Inspection of records by directors.

504.1606 Inspection of records by directors.
1. A director of a corporation is entitled to inspect and copy the books, records, and documents of the corporation at any reasonable time to the extent reasonably related to the performance of the director’s duties as a director, including duties as a member of a committee, but not for any other purpose or in any manner that would violate any duty to the corporation.
2. The district court of the county where the corporation’s principal office, or if none in this state, its registered office, is located may order inspection and copying of the books, records, and documents at the corporation’s expense, upon application of a director who has been refused such inspection rights, unless the corporation establishes that the director is not entitled to such inspection rights. The court shall dispose of an application under this subsection on an expedited basis.
3. If an order is issued, the court may include provisions protecting the corporation from undue burden or expense and prohibiting the director from using information obtained upon exercise of the inspection rights in a manner that would violate a duty to the corporation, and may also order the corporation to reimburse the director for the director’s costs, including reasonable counsel fees, incurred in connection with the application.
2004 Acts, ch 1049, §172, 192
2023 Iowa Code › Title XII - BUSINESS ENTITIES › Chapter 504 - REVISED IOWA NONPROFIT CORPORATION ACT › Section 504.1607 - Exception to notice requirement.

504.1607 Exception to notice requirement.
1. Whenever notice is required to be given under any provision of this chapter to any member, such notice shall not be required to be given if notice of two consecutive annual meetings, and all notices of meetings during the period between such two consecutive annual meetings, have been sent to the member at the member’s address as shown on the records of the corporation and have been returned as undeliverable.
2. If the member delivers to the corporation a written notice setting forth the member’s then-current address, the requirement that notice be given to the member shall be reinstated.
2006 Acts, ch 1089, §62
2023 Iowa Code › Title XII - BUSINESS ENTITIES › Chapter 504 - REVISED IOWA NONPROFIT CORPORATION ACT › Section 504.1611 - Financial statements for members.

504.1611 Financial statements for members.
1. Except as provided in the articles or bylaws of a religious corporation, a corporation upon written demand from a member shall furnish that member the corporation’s latest annual financial statements, which may be consolidated or combined statements of the corporation and one or more of its subsidiaries or affiliates, as appropriate, that include a balance sheet as of the end of the fiscal year and a statement of operations for that year.
2. If annual financial statements are reported upon by a public accountant, the accountant’s report must accompany them.
2004 Acts, ch 1049, §173, 192
Referred to in §504.1601
2023 Iowa Code › Title XII - BUSINESS ENTITIES › Chapter 504 - REVISED IOWA NONPROFIT CORPORATION ACT › Section 504.1612 - Report of indemnification to members.

504.1612 Report of indemnification to members.
If a corporation indemnifies or advances expenses to a director under section 504.852, 504.853, 504.854, or 504.855 in connection with a proceeding by or in the right of the corporation, the corporation shall report the indemnification or advance in writing to the members with or before the notice of the next meeting of members.
2004 Acts, ch 1049, §174, 192
2023 Iowa Code › Title XII - BUSINESS ENTITIES › Chapter 504 - REVISED IOWA NONPROFIT CORPORATION ACT › Section 504.1613 - Biennial report for secretary of state.

504.1613 Biennial report for secretary of state.
1. Each domestic corporation, and each foreign corporation authorized to transact business in this state, shall deliver to the secretary of state for filing a biennial report on a form prescribed and furnished by the secretary of state that sets forth all of the following:
a. The name of the corporation and the state or country under whose law it is incorporated.
b. The address of the corporation’s registered office and the name of the corporation’s registered agent at that office in this state, together with the consent of any new registered agent.
c. The address of the corporation’s principal office.
d. The names and addresses of the president, secretary, treasurer, and one member of the board of directors.
e. Whether or not the corporation has members.
2. The information in the biennial report must be current on the date the biennial report is executed on behalf of the corporation.
3. The first biennial report shall be delivered to the secretary of state between January 1 and April 1 of the first odd-numbered year following the calendar year in which a domestic corporation was incorporated or a foreign corporation was authorized to transact business. Subsequent biennial reports must be delivered to the secretary of state between January 1 and April 1 of the following odd-numbered calendar years.
4. a. If a biennial report does not contain the information required by this section, the secretary of state shall promptly notify the reporting domestic or foreign corporation in writing and return the report to the corporation for correction.
b. A filing fee for the biennial report shall be determined by the secretary of state.
c. For purposes of this section, each biennial report shall contain information related to the two-year period immediately preceding the calendar year in which the report is filed.
5. The secretary of state may provide for the change of registered office or registered agent on the form prescribed by the secretary of state for the biennial report, provided that the form contains the information required in section 504.502 or 504.503. If the secretary of state determines that a biennial report does not contain the information required by this section but otherwise meets the requirements of section 504.502 or 504.503 for the purpose of changing the registered office or registered agent, the secretary of state shall file the statement of change of registered office or registered agent, effective as provided in section 504.114, before returning the biennial report to the corporation as provided in this section. A statement of change of registered office or agent pursuant to this subsection shall be executed by a person authorized to execute the biennial report.
2004 Acts, ch 1049, §175, 192
Referred to in §497.22, 498.24, 499.49, 504.111, 504.116, 504.119, 504.141, 504.504, 504.1421, 504.1508, 504.1510, 504.1531, 504.1601
2023 Iowa Code › Title XII - BUSINESS ENTITIES › Chapter 504 - REVISED IOWA NONPROFIT CORPORATION ACT › Section 504.1701 - Application to existing domestic corporations.

504.1701 Application to existing domestic corporations.
1. A domestic corporation that is incorporated under chapter 504A, Code 2005, is subject to this chapter beginning on July 1, 2005.
2. A corporation formed on or after January 1, 2005, is subject to the provisions of this chapter.
2004 Acts, ch 1049, §176, 192; 2005 Acts, ch 3, §80 – 82; 2022 Acts, ch 1021, §148
[ ()]Subsection 2 amended
[ ()]Subsections 3 – 5 stricken
2023 Iowa Code › Title XII - BUSINESS ENTITIES › Chapter 504 - REVISED IOWA NONPROFIT CORPORATION ACT › Section 504.1702 - Application to qualified foreign corporations.

504.1702 Application to qualified foreign corporations.
A foreign corporation authorized to transact business in this state prior to January 1, 2005, is subject to this chapter beginning on July 1, 2005, but is not required to obtain a new certificate of authority to transact business under this chapter.
2004 Acts, ch 1049, §177, 192
2023 Iowa Code › Title XII - BUSINESS ENTITIES › Chapter 504 - REVISED IOWA NONPROFIT CORPORATION ACT › Section 504.1703 - Savings provisions.

504.1703 Savings provisions.
1. Except as provided in subsection 2, the repeal of a statute by
2004 Iowa Acts, ch. 1049
, does not affect any of the following:
a. The operation of the statute or any action taken under it before its repeal.
b. Any ratification, right, remedy, privilege, obligation, or liability acquired, accrued, or incurred under the statute before its repeal.
c. Any violation of the statute or any penalty, forfeiture, or punishment incurred because of the violation, before its repeal.
d. Any proceeding, reorganization, or dissolution commenced under the statute before its repeal, and the proceeding, reorganization, or dissolution may be completed in accordance with the statute as if it had not been repealed.
2. If a penalty or punishment imposed for violation of a statute repealed by
2004 Iowa Acts, ch. 1049
, is reduced by this chapter, the penalty or punishment, if not already imposed, shall be imposed in accordance with this chapter.
2004 Acts, ch 1049, §178, 192; 2014 Acts, ch 1026, §143; 2022 Acts, ch 1032, §85
Subsection 1, unnumbered paragraph 1 amended
2023 Iowa Code › Title XII - BUSINESS ENTITIES › Chapter 504 - REVISED IOWA NONPROFIT CORPORATION ACT › Section 504.1704 - Severability.

504.1704 Severability.
If any provision of this chapter or its application to any person or circumstance is held invalid by a court of competent jurisdiction, the invalidity does not affect other provisions or applications of the chapter that can be given effect without the invalid provision or application, and to this end the provisions of the chapter are severable.
2004 Acts, ch 1049, §179, 192
2023 Iowa Code › Title XII - BUSINESS ENTITIES › Chapter 504 - REVISED IOWA NONPROFIT CORPORATION ACT › Section 504.1705 - Public benefit, mutual benefit, and religious corporations.

504.1705 Public benefit, mutual benefit, and religious corporations.
For the purposes of this chapter, each domestic corporation shall be deemed a public benefit, mutual benefit, or religious corporation as follows:
1. A corporation designated by statute as a public benefit corporation, a mutual benefit corporation, or a religious corporation is deemed to be the type of corporation designated by that statute.
2. A corporation that does not come within subsection 1 but is organized primarily or exclusively for religious purposes is a religious corporation.
3. A corporation that does not come within subsection 1 or 2 but which is recognized as exempt under section 501(c)(3) of the Internal Revenue Code, or any successor section, is a public benefit corporation.
4. A corporation that does not come within subsection 1, 2, or 3, but which is organized for a public or charitable purpose and which upon dissolution must distribute its assets to a public benefit corporation, the United States, a state, or a person recognized as exempt under section 501(c)(3) of the Internal Revenue Code, or any successor section, is a public benefit corporation.
5. A corporation that does not come within subsection 1, 2, 3, or 4 is a mutual benefit corporation.
2004 Acts, ch 1049, §180, 192
Referred to in §504.141
2023 Iowa Code › Title XII - BUSINESS ENTITIES › Chapter 504B - NONPROFIT CORPORATIONS AND FEDERAL TAX LIABILITY › Section 504B.1 - Corporations applicable.

504B.1 Corporations applicable.
This chapter shall apply to every corporation organized under chapter 504, Code 1989, or current chapter 504, which corporation is deemed to be a private foundation as defined in section 509 of the Internal Revenue Code, which is incorporated in the state of Iowa after December 31, 1969, and as to any such corporation organized in this state before January 1, 1970, it shall apply only for its federal taxable years beginning on or after January 1, 1972.
[C73, 75, 77, 79, 81, §504B.1]
2003 Acts, ch 108, §94; 2004 Acts, ch 1049, §191; 2004 Acts, ch 1175, §394
2023 Iowa Code › Title XII - BUSINESS ENTITIES › Chapter 504B - NONPROFIT CORPORATIONS AND FEDERAL TAX LIABILITY › Section 504B.2 - Articles of incorporation — contents.

504B.2 Articles of incorporation — contents.
The articles of incorporation of every such corporation shall be deemed to contain provisions forbidding the corporation to:
1. Engage in any act of self-dealing, as defined in section 4941(d) of the Internal Revenue Code, which would give rise to any liability for the tax imposed by section 4941(a) of the Internal Revenue Code;
2. Retain any excess business holdings, as defined in section 4943(c) of the Internal Revenue Code, which would give rise to any liability for the tax imposed by section 4943(a) of the Internal Revenue Code;
3. Make any investment which would jeopardize the carrying out of any of its exempt purposes, within the meaning of section 4944 of the Internal Revenue Code, so as to give rise to any liability for the tax imposed by section 4944(a) of the Internal Revenue Code; and
4. Make any taxable expenditures, as defined in section 4945(d) of the Internal Revenue Code, which would give rise to any liability for the tax imposed by section 4945(a) of the Internal Revenue Code.
[C73, 75, 77, 79, 81, §504B.2]
Referred to in §504B.6
2023 Iowa Code › Title XII - BUSINESS ENTITIES › Chapter 504B - NONPROFIT CORPORATIONS AND FEDERAL TAX LIABILITY › Section 504B.3 - Avoiding tax liability.

504B.3 Avoiding tax liability.
The articles of incorporation of every such corporation shall be deemed to contain a provision requiring such corporation to distribute, for the purposes specified in its articles of incorporation, for each taxable year, amounts at least sufficient to avoid liability for the tax imposed by section 4942(a) of the Internal Revenue Code.
[C73, 75, 77, 79, 81, §504B.3]
Referred to in §504B.6
2023 Iowa Code › Title XII - BUSINESS ENTITIES › Chapter 504B - NONPROFIT CORPORATIONS AND FEDERAL TAX LIABILITY › Section 504B.5 - Internal Revenue Code references.

504B.5 Internal Revenue Code references.
All references to sections of the Internal Revenue Code shall mean the Code as defined in section 422.3.
[C73, 75, 77, 79, 81, §504B.5]
2006 Acts, ch 1140, §8, 10, 11
2023 Iowa Code › Title XII - BUSINESS ENTITIES › Chapter 504B - NONPROFIT CORPORATIONS AND FEDERAL TAX LIABILITY › Section 504B.6 - Certain powers not limited.

504B.6 Certain powers not limited.
Nothing in this chapter shall limit the power of any nonprofit corporation organized under chapter 504, Code 1989, or organized under current chapter 504:
1. To at any time amend its articles of incorporation or other instrument governing such corporation by any amendment process allowable under the laws of this state to provide that some or all provisions of sections 504B.2 and 504B.3 shall have no application to such corporation, or
2. In the case of any such corporation formed after July 1, 1971, to include any specific provisions in its original articles of incorporation, which provide that some or all provisions of sections 504B.2 and 504B.3 shall have no application to such corporation.
[C73, 75, 77, 79, 81, §504B.6]
2003 Acts, ch 108, §95; 2004 Acts, ch 1049, §191; 2004 Acts, ch 1175, §394
2023 Iowa Code › Title XII - BUSINESS ENTITIES › Chapter 504C - NONPROFIT CORPORATIONS — HOUSING FOR PERSONS WITH DISABILITIES › Section 504C.1 - Housing — persons with disabilities.

504C.1 Housing — persons with disabilities.
1. For the purposes of this chapter, “disability” means a physical impairment that results in significant functional limitations in one or more areas of major life activity and in the need for specialized care, treatment, or training services of extended duration.
2. Individuals with disabilities may form nonprofit corporations pursuant to chapter 504 for the sole purpose of establishing homes for persons with disabilities which are intended to serve two to five residents who are members of the nonprofit corporation.
3. A nonprofit corporation formed under this section may do any of the following:
a. Design, modify, or construct a specific housing facility to provide appropriate services and support to the residents of the specific housing facility. Local requirements shall not be more restrictive than the rules adopted for a family home, as defined in section 335.25 or 414.22, and the state building code requirements for single-family or multiple-family housing, as adopted pursuant to section 103A.7.
b. Contract for or employ staff for personal attendant needs and for the management and operation of the housing facility.
c. Purchase, modify, maintain, and operate transportation services for the use of the housing facility residents.
4. Residents of housing facilities established under this chapter shall be eligible to apply for or continue to receive funding provided through federal, state, and county funding sources, and assets of the members of the nonprofit corporation used in the establishment, management, and operation of the housing facility, including but not limited to provision of services to the residents of the facility, shall not be considered in determining a resident’s eligibility for funding provided through sources otherwise available to the resident.
93 Acts, ch 90, §1; 2004 Acts, ch 1049, §191; 2004 Acts, ch 1086, §85; 2004 Acts, ch 1175, §393; 2010 Acts, ch 1079, §18
2023 Iowa Code › Title XIII - COMMERCE › Chapter 505 - INSURANCE DIVISION › Section 505.1 - Insurance division created.

505.1 Insurance division created.
An insurance division is created within the department of commerce to regulate and supervise the conducting of the business of insurance in the state. The commissioner of insurance is the chief executive officer of the division. As used in this subtitle and chapter 502, “division” means the insurance division.
[S13, §1683-r, -r1; C24, 27, 31, 35, 39, §8604; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §505.1]
86 Acts, ch 1245, §745; 93 Acts, ch 60, §6; 94 Acts, ch 1023, §113
2023 Iowa Code › Title XIII - COMMERCE › Chapter 505 - INSURANCE DIVISION › Section 505.2 - Appointment and term of commissioner.

505.2 Appointment and term of commissioner.
The governor shall appoint subject to confirmation by the senate, a commissioner of insurance, who shall be selected solely with regard to qualifications and fitness to discharge the duties of this position, devote the entire time to such duties, and serve for four years beginning and ending as provided by section 69.19. The governor may remove the commissioner for malfeasance in office, or for any cause that renders the commissioner ineligible, incapable, or unfit to discharge the duties of the office.
[S13, §1683-r; C24, 27, 31, 35, 39, §8605; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §505.2]
86 Acts, ch 1245, §1989
Referred to in §522A.2, 546.8
Confirmation, see §2.32
2023 Iowa Code › Title XIII - COMMERCE › Chapter 505 - INSURANCE DIVISION › Section 505.3 - Vacancies.

505.3 Vacancies.
Vacancies shall be filled as regular appointments are made for the unexpired portion of the regular term.
[S13, §1683-r; C24, 27, 31, 35, 39, §8607; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §505.3]
2023 Iowa Code › Title XIII - COMMERCE › Chapter 505 - INSURANCE DIVISION › Section 505.4 - Deputy — assistants — bond.

505.4 Deputy — assistants — bond.
1. The commissioner of insurance shall appoint a first and second deputy commissioner and such other clerks and assistants as shall be needed to assist the commissioner in the performance of the commissioner’s duty, all of whom shall serve during the pleasure of the commissioner. Before entering upon the duties of their respective offices, deputy commissioners shall give a bond in the penal sum of ten thousand dollars.
2. The commissioner may appoint a deputy commissioner for supervision whom the commissioner may appoint as supervisory or special deputy pursuant to chapter 507C and who shall perform such other duties as may be assigned by the commissioner. The deputy commissioner for supervision shall receive a salary to be fixed by the commissioner. The deputy commissioner for supervision shall be exempt from the merit system provisions of chapter 8A, subchapter IV, under section 8A.412, subsection 17.
[S13, §1683-r2; C24, 27, 31, 35, 39, §8608; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §505.4]
91 Acts, ch 26, §31; 2003 Acts, ch 145, §269
2023 Iowa Code › Title XIII - COMMERCE › Chapter 505 - INSURANCE DIVISION › Section 505.5 - Expenses — salary.

505.5 Expenses — salary.
The commissioner shall be entitled to reimbursement of actual necessary expenses in attending meetings of insurance commissioners of other states, and in the performance of the duties of the office. The commissioner’s salary shall be as fixed by the general assembly.
[S13, §1683-r2; C24, 27, 31, 35, 39, §8610; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §505.5]
2023 Iowa Code › Title XIII - COMMERCE › Chapter 505 - INSURANCE DIVISION › Section 505.6 - Documents and records.

505.6 Documents and records.
All books, records, files, documents, reports, and securities, and all papers of every kind and character relating to the business of insurance shall be delivered to, and filed or deposited with, the said commissioner of insurance.
[S13, §1683-r4; C24, 27, 31, 35, 39, §8611; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §505.6]
2023 Iowa Code › Title XIII - COMMERCE › Chapter 505 - INSURANCE DIVISION › Section 505.7A - Civil penalties.

505.7A Civil penalties.
Unless specifically provided for in this subtitle, penalties imposed under this subtitle by order of the commissioner of insurance after hearing shall not exceed one thousand dollars for each act or violation of this subtitle, up to an aggregate of ten thousand dollars, unless the person knew or reasonably should have known the person was in violation of this subtitle, in which case the penalty shall not exceed five thousand dollars for each act or violation, up to an aggregate of fifty thousand dollars in any one six-month period.
2004 Acts, ch 1110, §5
Referred to in §505.8, 507.16, 507F.14, 522C.6
2023 Iowa Code › Title XIII - COMMERCE › Chapter 505 - INSURANCE DIVISION › Section 505.9 - Ex officio receiver.

505.9 Ex officio receiver.
The commissioner of insurance henceforth shall be the receiver and liquidating officer for any insurance company, association, or insurance carrier, and shall serve without compensation other than the stated compensation as commissioner of insurance, but the commissioner shall be allowed clerical and other expenses necessary for the conduct of such receivership.
[C31, 35, §8613-c1; C39, §8613.1; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §505.9]
Referred to in §521A.11
2023 Iowa Code › Title XIII - COMMERCE › Chapter 505 - INSURANCE DIVISION › Section 505.10 - Expenses attending liquidation.

505.10 Expenses attending liquidation.
All expenses of supervision and liquidation shall be fixed by the commissioner of insurance, subject to approval by the court or a judge thereof, and shall, upon the commissioner’s order, be paid out of the funds of such company, association, or insurance carrier in the commissioner’s hands.
[C31, 35, §8613-c2; C39, §8613.2; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §505.10]
2023 Iowa Code › Title XIII - COMMERCE › Chapter 505 - INSURANCE DIVISION › Section 505.11 - Refunds.

505.11 Refunds.
Whenever it appears to the satisfaction of the commissioner of insurance that, because of error, mistake, or erroneous interpretation of statute, a foreign or domestic insurance corporation has paid to the state of Iowa taxes, fines, penalties, or license fees in excess of the amount legally chargeable against it, the commissioner of insurance shall have power to refund to such corporation any such excess by applying the amount of the excess payment toward the payment of taxes, fines, penalties, or license fees already due or which may become due, until such excess payments have been fully refunded.
[C31, 35, §8613-c3; C39, §8613.3; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §505.11]
2001 Acts, ch 69, §2; 2002 Acts, ch 1050, §44
2023 Iowa Code › Title XIII - COMMERCE › Chapter 505 - INSURANCE DIVISION › Section 505.12 - Life insurance — annual report.

505.12 Life insurance — annual report.
Before the first day of September the commissioner of insurance shall make an annual report to the governor of the general conduct and condition of the life insurance companies doing business in the state, and include therein an aggregate of the estimated value of all outstanding policies in each of the companies; and in connection therewith prepare a separate abstract thereof as to each company, and of all the returns and statements made to the commissioner by them.
[C73, §1176; C97, §1781; C24, 27, 31, 35, 39, §8614; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §505.12]
88 Acts, ch 1112, §101
2023 Iowa Code › Title XIII - COMMERCE › Chapter 505 - INSURANCE DIVISION › Section 505.13 - Other insurance — annual report by the division.

505.13 Other insurance — annual report by the division.
The commissioner shall annually cause the preparation and printing of a report to be delivered to the governor. The report shall contain information from the statements required of insurance companies, other than life insurance companies, organized or doing business in the state. The reports shall be delivered on or before the first day of September each year.
[C73, §1158; C97, §1720; S13, §1720-a; C24, 27, 31, 35, 39, §8615; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §505.13]
87 Acts, ch 132, §1; 88 Acts, ch 1112, §102; 98 Acts, ch 1119, §4
2023 Iowa Code › Title XIII - COMMERCE › Chapter 505 - INSURANCE DIVISION › Section 505.14 - Foreign insurers — reciprocal provisions.

505.14 Foreign insurers — reciprocal provisions.
When by the laws of any other state a premium or income or other taxes, or fees, fines, penalties, licenses, deposit requirements or other obligations, prohibitions or restrictions are imposed upon Iowa insurance companies actually doing business in the other state, or upon the agents of the Iowa companies, which in the aggregate are in excess of the aggregate of the taxes, fees, fines, penalties, licenses, deposit requirements or other obligations, prohibitions or restrictions directly imposed upon insurance companies of the other state under the statutes of this state, the same obligations, prohibitions or restrictions of whatever kind are in the same manner and for the same purpose imposed upon insurance companies of the other state doing business in Iowa. Insurance premium taxes paid which were not paid under protest shall not be refunded if the refund claim is based upon an alleged error or mistake of law or erroneous interpretation of statute regarding the validity or legality of this section under the laws or constitutions of the United States or this state. For the purpose of this section, an alien insurer is deemed domiciled in a state designated by it wherein it has established its principal office or agency in the United States, or maintains the largest amount of its assets held in trust or on deposit for the security of its policyholders or policyholders and creditors in the United States, or in which it was admitted to do business in the United States. This section does not apply to ad valorem taxes on real or personal property or to personal income taxes.
[C46, 50, 54, §432.2; C58, 62, 66, 71, 73, 75, 77, 79, 81, §505.14; 81 Acts, ch 164, §1]
Referred to in §508E.7, 511.40
2023 Iowa Code › Title XIII - COMMERCE › Chapter 505 - INSURANCE DIVISION › Section 505.15 - Actuarial, professional, and specialist staff.

505.15 Actuarial, professional, and specialist staff.
1. The commissioner may appoint a staff of actuaries as necessary to carry out the duties of the division. The actuarial staff shall do all of the following:
a. Perform analyses of rate filings.
b. Perform audits of submitted loss data.
c. Conduct rate hearings and serve as expert witnesses.
d. Prepare, review, and dispense data on the insurance business.
e. Assist in public education concerning the insurance business.
f. Identify any impending problem areas in the insurance business.
g. Assist in examinations of insurance companies.
2. The commissioner may retain, or the commissioner’s designee may request that the commissioner retain, attorneys, appraisers, independent actuaries, independent certified public accountants, or other professionals or specialists to assist the division or the consumer advocate bureau in carrying out its duties in regard to rate filing reviews. The reasonable cost of retaining such professionals and specialists shall be borne by the insurer which is the subject of the rate filing review.
87 Acts, ch 132, §2; 2008 Acts, ch 1123, §10; 2009 Acts, ch 145, §4
Referred to in §505.8
2023 Iowa Code › Title XIII - COMMERCE › Chapter 505 - INSURANCE DIVISION › Section 505.16 - Applications for insurance — human immunodeficiency virus tests — restrictions.

505.16 Applications for insurance — human immunodeficiency virus tests — restrictions.
1. A person engaged in the business of insurance shall not require a test of an individual in connection with an application for insurance for the presence of an antibody to the human immunodeficiency virus unless the individual provides a written release on a form approved by the insurance commissioner. The form shall include information regarding the purpose, content, use, and meaning of the test, disclosure of test results including information explaining the effect of releasing the information to a person engaged in the business of insurance, the purpose for which the test results may be used, and other information approved by the insurance commissioner. The form shall also authorize the person performing the test to provide the results of the test to the insurance company subject to rules of confidentiality, consistent with section 141A.9, approved by the insurance commissioner. As used in this section, “a person engaged in the business of insurance” includes hospital service corporations organized under chapter 514 and health maintenance organizations subject to chapter 514B.
2. The insurance commissioner shall approve rules for carrying out this section including rules relating to the preparation of information to be provided before and after a test and the protection of confidentiality of personal and medical records of insurance applicants and policyholders. The rules shall require a person engaged in the business of insurance who receives results of a positive human immunodeficiency virus test of an insurance applicant or policyholder to report those results to a physician or alternative testing site of the applicant’s or policyholder’s choice, or if the applicant or policyholder does not choose a physician or alternative testing site to receive the results, to the Iowa department of public health.
88 Acts, ch 1234, §7; 99 Acts, ch 181, §17; 2006 Acts, ch 1117, §15
Referred to in §141A.7
2023 Iowa Code › Title XIII - COMMERCE › Chapter 505 - INSURANCE DIVISION › Section 505.17 - Confidential information.

505.17 Confidential information.
1. a. Information, records, and documents utilized for the purpose of, or in the course of, investigation, regulation, or examination of an insurance company or insurance holding company, received by the division from some other governmental entity which treats such information, records, and documents as confidential, are confidential and shall not be disclosed by the division and are not subject to subpoena. Such information, records, and documents do not constitute a public record under chapter 22.
b. The disclosure of confidential information, administrative or judicial orders which contain confidential information, or information regarding other action of the division which is not a public record subject to disclosure, to other insurance and financial regulatory officials may be permitted by the commissioner provided that those officials are subject to, or agree to comply with, standards of confidentiality comparable to those imposed on the commissioner.
2. Notwithstanding subsection 1, an application for a rate increase filed by a health insurance carrier and all information, records, and documents accompanying such an application or utilized for the purpose of, or in the course of consideration of the application by the commissioner, shall constitute a public record under chapter 22 except as provided in this subsection.
a. The commissioner shall consider the written request of a health insurance carrier to keep confidential certain details of an application or accompanying information, records, and documents. If the request includes a sufficient explanation as to why public disclosure of such details would give an unfair advantage to competitors, the commissioner shall keep such details confidential. If the commissioner elects to keep certain details confidential, the commissioner shall release only the nonconfidential details in response to a request for records made pursuant to chapter 22. If confidential details are withheld from a request for records made pursuant to chapter 22, the commissioner shall release an explanation of why the information was deemed confidential and a summary of the nature of the information withheld and the reasons for withholding the information.
b. In considering requests for confidential treatment, the commissioner shall narrowly construe the provisions of this subsection in order to appropriately balance an applicant’s need for confidentiality against the public’s right to information about the application.
94 Acts, ch 1176, §4; 99 Acts, ch 165, §1; 2010 Acts, ch 1121, §6, 33
Referred to in §505.7