2021 New Mexico Statutes
Chapter 59A - Insurance Code
Article 44 - Fraternal Benefit Societies
Section 59A-44-11 - Amendments to laws.

A. A domestic society may amend its laws in accordance with the provisions thereof by action of its supreme governing body at any regular or special meeting thereof or, if its laws so provide, by referendum. Such referendum may be held in accordance with the provisions of its laws by the vote of the voting members of the society, by the vote of delegates or representatives of voting members or by the vote of local lodges. A society may provide for voting by mail. No amendment submitted for adoption by referendum shall be adopted unless, within six months from the date of submission thereof, a majority of the members voting shall have signified their consent to such amendment by one of the methods herein specified.

B. No amendment to the laws of any domestic society shall take effect unless approved by the superintendent who shall approve such amendment if the superintendent finds that it has been duly adopted and is not inconsistent with any requirement of the laws of this state or with the character, objects and purposes of the society. Unless the superintendent shall disapprove any such amendment within sixty days after the filing of same, such amendment shall be considered approved. The approval or disapproval of the superintendent shall be in writing and mailed to the secretary or corresponding officer of the society at its principal office. In case the superintendent disapproves such amendment, the reasons therefor shall be stated in such written notice.

C. Within ninety days from the approval of an amendment by the superintendent, all such amendments, or a synopsis thereof, shall be furnished to all members of the society either by mail or by publication in full in the official publication of the society. The affidavit of any officer of the society or of anyone authorized by it to mail any amendments or synopsis thereof, stating facts which show that same have been duly addressed and mailed, shall be prima facie evidence that such amendments or synopsis thereof have been furnished the addressee.

D. Every foreign or alien society authorized to do business in this state shall file with the superintendent a duly certified copy of all amendments of, or additions to, its laws within ninety days after the enactment of same.

E. Printed copies of the laws as amended, certified by the secretary or corresponding officer of the society shall be prima facie evidence of the legal adoption thereof.

History: 1978 Comp., § 59A-44-11, enacted by Laws 1989, ch. 388, § 11.

Repeals and reenactments. — Laws 1989, ch. 388, § 11, repealed 59A-44-11 NMSA 1978, as enacted by Laws 1984, ch. 127, § 796, relating to articles of incorporation, constitution and laws, and enacted a new section, effective January 1, 1990.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 36 Am. Jur. 2d Fraternal Orders and Benefit Societies §§ 17, 18.

Age, incorrect statement of, in application as affected by provisions of constitution or bylaws fixing age limit, 1 A.L.R. 459, 160 A.L.R. 295.

Validity of bylaw of mutual benefit association preventing recovery upon presumption of death from seven years' absence, 36 A.L.R. 982, 40 A.L.R. 1274.

Validity of constitution, by-law or provision of contract of mutual benefit association purporting to make conclusive the decisions of its tribunals or officers directly on claim for benefits, 51 A.L.R. 1420.

Lapse of policy or certificate in event of disappearance of insured or his failure to report to insurer, amendment as to, 65 A.L.R. 1039.

Changes in regard to benefits by subsequent amendments of bylaws or constitution of mutual benefit society, 171 A.L.R. 7