PARRIS N. GLENDENING, Governor

Ch. 36

THE AFFIDAVIT OF AN OFFICER OF THE SOCIETY OR AN INDIVIDUAL
AUTHORIZED BY THE SOCIETY TO MAIL A NOTICE OR DOCUMENT, STATING THAT
THE TEXT OF THE CONTRACT WAS PROPERLY ADDRESSED AND MAILED, IS PRIMA
FACIE EVIDENCE THAT THE TEXT WAS PROVIDED TO THE ADDRESSEE.

(D)    APPROVAL OF CONTRACT.

THE COMMISSIONER SHALL APPROVE THE CONTRACT AND ISSUE A
CERTIFICATE OF APPROVAL IF THE COMMISSIONER FINDS THAT:

(1)     THE SOCIETY HAS COMPLIED WITH THE PROVISIONS OF THIS
SECTION;

(2)     THE FINANCIAL STATEMENTS ARE CORRECT; AND

(3)     THE CONSOLIDATION OR MERGER IS EQUITABLE TO THE MEMBERS
OF EACH SOCIETY PARTY TO THE CONTRACT.

(E)     WHEN CONSOLIDATION OR MERGER EFFECTIVE.

(1)     UNLESS A SOCIETY PARTY TO THE CONTRACT IS INCORPORATED
UNDER THE LAWS OF ANOTHER STATE, THE CONTRACT IS EFFECTIVE ON
APPROVAL.

(2)      IF A SOCIETY PARTY TO THE CONTRACT IS INCORPORATED UNDER
THE LAWS OF ANOTHER STATE, THE CONSOLIDATION OR MERGER IS NOT
EFFECTIVE:

(I)      UNTIL IT IS APPROVED UNDER THE LAWS OF THE OTHER
STATE AND A CERTIFICATE OF THE APPROVAL IS FILED WITH THE COMMISSIONER;
OR

(II)     IF THE LAWS OF THE OTHER STATE DO NOT PROVIDE FOR
APPROVAL, UNTIL IT IS APPROVED BY THE INSURANCE SUPERVISORY OFFICIAL OF
THE OTHER STATE AND A CERTIFICATE OF THE APPROVAL IS FILED WITH THE
COMMISSIONER.

REVISOR'S NOTE: This section is new language derived without substantive
change from former CA § 6-416.

In subsection (b)(1) of this section, the former phrase "in full" is deleted as
surplusage.

In subsection (b)(4) of this section, the word "publication" is substituted for
the former word "organ" for clarity and consistency. See, e.g., §§ 8-419(d)(1)
and 8-444(b)(2) of this subtitle.

In subsection (d)(1) of this section, the reference to the Commissioner finding
that the "society has complied" with the provisions of this section is
substituted for the former finding that the "contract conforms" with the
provisions of this section because the section establishes conditions to be met
by the society and does not establish any requirements regarding contracts.

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