William Penn Life, 1987 (22. évfolyam, 1-12. szám)
1987-12-01 / 12. szám
By-Laws of the Association - 7 forfeited, or if the Association has received a notice of cancellation, the payment of any premium for the certificate shall not revive or continue the certificate, whether made on notice of premium due or otherwise, the amount of payment shall be returned to the member. ARTICLE XII Section 1200 - TAXES Should any jurisdiction in which this Association is licensed to do business require the Association to pay any sum as a tax on the receipts of the Association, the Board of Directors may, after the payment of said tax, by resolution, make a levy of the full amount of the tax on the members in such jurisdiction apportioning such amount in proportion to the premiums of each member. Notice of such payment shall be given by the publication of a resolution of the Board in the official publication, and also by notice by the National Secretary of the Association to the members in said jurisdiction. Such publication and notice shall be deemed and held sufficient notice thereof to all members within said jurisdiction. If such special payment is not paid to the Association at its Home Office on or before ninety (90) days from the date of issue of the official notice, the amount of such tax shall be charged against any monies due at any time on the certificate of such member, with interest not to exceed statutory limits. ARTICLE XIII Section 1300 - FISCAL YEAR The fiscal year of the Association shall begin on the first day of January and end on the thirty-first day of December. The annual statement of the transactions of each fiscal year shall be prepared in accordance with insurance Department regulations. ARTICLE XIV Section 1400 - OFFICIAL PUBLICATION, NOTICES 1. The Association shall publish an official publication. 2. Any notice to the members or officers of the Association required to be given including convention calls, elections, changes in the Articles of Incorporation or By-Laws, may be made therein and such notice shall have the same effect as though given personally in writing. Placing a copy of such official publication in the mail to the last known address of any member shall be sufficient service of such notice to him. An affidavit by the National Secretary certifying that such official publication was mailed to each member on the mailing list shall be filed with the Board Minutes at its next meeting after publication of such notice. 3. Notices to members at the branches or delegate districts may also be given when authorized by the National President or National Secretary by publication of any required notice in a newspaper of general circulation in the municipality or area where the branch is located. ARTICLE XV Section 1500 - RESTRICTIONS OF AUTHORITY No agent or representative and no branch or its officers or members shall have the authority to obligate the Association for the payment of any money by note, endorsement, contract or agreement of any kind, or to waive any terms of the certificates, Articles of Incorporation or By-Laws. In the event that any officer, agent or representative of this Association shall attempt to make any contract or stipulation whereby anything is promised to be performed contrary to the Articles of Incorporation, By-Laws, or the certificate of membership, such promise, contract or stipulation shall be void and of no effect. Only such modifications or benefits as shall be duly authorized by the Association and attested to either by the National President or the National Secretary of the Association shall be valid. ARTICLE XVI Section 1600 - ROBERTS RULES OF ORDER TO GOVERN Unless otherwise provided in the Articles of Incorporation or By-Laws of the Association, Roberts Rules of Order shall govern the proceedings at all meetings of the General Convention, Board of Directors or Branch. ARTICLE XVII Section 1700 - CONSTRUCTION Whenever the word "his” appears in the Articles of Incorporation or By-Laws, it shall be contrued to mean "his” or "her” as the case may be. ARTICLE XVIII Section 1800 - AMENDMENTS TO BY-LAWS 1801 - These By-Laws may be amended only by the General Convention by not less than a 2/3 affirmative roll call vote of the certified delegates at any regular or special session of the General Convention or by mail referendum of the delegates as provided in these By-Laws. 1. In order to be considered by the Convention, amendments in resolution form, must be filed with the National Secretary by June 1 in the year of the General Convention, referred to the By-Law Committee for approval as to form. 2. Amendments may be initiated by: a. The Board of Directors or a Board member shall be approved by a majority vote. b. Any Branch. c. A resolution signed by 15 delegates. d. By written request of 25% of the delegates on the first day of any regular or special session of the Convention called for the purpose. 3. The National Secretary shall mail to each delegate 10 days prior to convening any regular or special convention copies of all proposed By-Law amendments. 4. The National Secretary shall submit all proposed amendments to be acted upon by mail referendum and shall give 30 days notice to the members of the proposed amendment by publication of the full text in the official publication before date of mailing. 1802 - When the Convention shall amend the By-Laws and such By-Laws have been approved by the Insurance Commissioner, notice of such amendment or amendments shall be published in the Association’s official publication. Such amendment or amendments shall be binding upon every member of the Association and upon all those deriving legal rights from such amendments, and shall be effective as provided by law. ARTICLE XIX Section 1900 - AMENDMENTS TO ARTICLES OF INCORPORATION 1901 - The Articles of Incorporation of this Association may be changed at any session of the General Convention by the adoption, on roll call by a 2/3 affirmative vote, a quorum being present, of a Resolution setting forth the changes proposed in said Articles as they will be read if the Resolution is adopted. 1902 - In the event that any of the provisions of the Articles of Incorporation may conflict with or shall hereafter conflict with any laws or insurance department rulings, having the effect of law in any state in which the Association shall be licensed to do business, the Board of Directors may in such instances, by Resolution, amend the Articles of Incorporation, so as to comply with such laws or rulings. 1903 - When the General Convention shall amend the Articles of Incorporation, and such amendment has been approved by the Insurance Commissioner, notice of such amendment or amendments shall be published in the Association’s official publication and shall be effective as provided by law. From and after such publication, such amendment or amendments, shall be binding upon every member of the Association, and upon all those deriving legal rights from such amendments. ARTICLE XX Section 2000 - REPEALING CLAUSE Any By-Law or part of a By-Law that is inconsistent with the latest enactment relative to these By-Laws, is automatically repealed. ARTICLE XXI Section 2100 - PROOF OF BY-LAWS 2101 - Any printed copy of the By-Laws of the Association, duly certified under the seal thereof by the National Secretary, shall be admissible in evidence in any case or proceeding between any member and the Association; or between any beneficiary or beneficiaries and the Association; and shall be prima facia proof that such By-Laws were duly adopted by the Association at the time they propose to have been adopted and were in force from and after the date fixed therein for the going into effect thereof and until the same shall have been shown to have being amended or repealed. This section is subject to the rules of evidence of any court having jurisdiction over the subject matter. ARTICLE XXII Section 2200 - CONSOLIDATION MERGER OR REINSURANCE If any Society in the United States having similar aims, desires to consolidate, merge or reinsure with the Association, the decision shall rest with the Board of Directors and approved by the Convention, subject to the laws of Pennsylvania. ARTICLE XXIII Section 2300 - AUTHORITY All matters not specifically covered in these By-Laws shall be decided by a majority of the Board of Directors, and such decisions shall be final. ARTICLE XXIV Section 2400 - EFFECTIVE DATE Except as herein otherwise provided, these laws shall take effect and be in force upon approval by the Pennsylvania Insurance Commissioner or 60 days after filing. The effective date of these By-Laws is October 28, 1987. CERTIFICATION I, E. E. VARGO, National Secretary of the William Penn Association, hereby certify the Charter of the William Penn Association as amended and restated as follows: CHARTER WILLIAM PENN ASSOCIATION AS AMENDED AND RESTATED BE IT KNOWN that the subscribers having associated themselves together for the purpose of forming a beneficial society for Hungarian American citizens and being desirous of becoming incorporated agreeably to the provisions of the Act of the General Assembly of the Commonwealth of Pennsylvania entitled 'An Act to provide for the incorporation and Regulation of certain Corporations’ approved the 29th day of April, A.D. 1874, and it supplements do hereby declare, set forth and certify that the following are the purposes, objects, articles and conditions of their said association for and upon which they desire to be incorporated: 1. The name of the corporation is William Penn Association (as amended July 13, 1972) (3-1-72-36) 1391. 2. The business of this Association shall be conducted in accordance with the purposes of fraternal benefit societies, as provided by the laws of the various jurisdictions. Its purposes shall be: (a) To create funds for mutual aid as established by the Board of Directors and as permitted by any body having jurisdiction where the Association is authorized to do business; (b) To preserve the funds from mismanagement