William Penn Life, 2007 (42. évfolyam, 1-12. szám)
2007 / Különszám
The By-Laws Convention by such vote and quorum or by a two-thirds (2/3) affirmative vote of the entire Board present at any duly called regular or special meeting of the Board. In the event that any of the provisions of these By-Laws conflict with or hereafter shall 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 may, in such instances, amend the By-Laws, so as to comply with such laws or rulings. 1. In order to be considered by the General Convention, amendments in resolution form must be filed with the National Vice President-Secretary by June 1 in the year of the General Convention, and be referred to the By-Laws Committee. Thereafter, such proposed amendments and any other required proposed amendments initiated by the Board, if approved by the Board, shall be submitted to the Convention Delegates for their consideration and approval. 2. Such amendments may be initiated by: a. the Board; b. any Branch if filed with the National Vice President-Secretary by June 1 in the year of the General Convention; c. a resolution signed by twenty-five (25) Delegates; d. written request of twenty-five (25%) percent of the Delegates on the first day of any Regular Session of the General Convention or of any Special Session called for the purpose of considering the amendment; or e. the By-Laws Committee, subject to approval of the Board. 3. The National Vice President-Secretary shall mail to each Delegate ten (10) days prior to the convening of any Regular or Special Session of the General Convention copies of the revised By-Laws incorporating the proposed amendments recommended by the Board. Section 1802. BINDING EFFECT - When the General Convention shall amend the By-Laws and such By-Laws have been approved by the Insurance Commissioner of Pennsylvania, the amended By-Laws shall be published in the Association's official publication. Such By-Laws, as amended, 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 19 - AMENDMENTS TO CHARTER Section 1901. PROCEDURE - The Charter of this Association may be amended only by the General Convention by the adoption, by a two-thirds (2/3) affirmative vote of the certified Delegates present at any Regular or Special Session of the General Convention, provided a quorum is present, of a resolution setting forth the changes proposed in said Charter as they will read if the resolution is adopted. The procedures to be employed in submitting amendments to the Charter to the General Convention shall be the same as that set forth in Sections 1801.1, 1801.2, and 1801.3. Section 1902. CONFLICT - In the event that any of the provisions of the Charter 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 may in such instances, by resolution, amend the Charter, so as to comply with such laws or rulings. Section 1903. BINDING EFFECT - When the General Convention shall amend the Charter, and such amended Charter has been approved by the Insurance Commissioner of Pennsylvania, the Charter, as amended, shall be published in the Association's official publication and shall be effective as provided by law. From and after such publication, the Charter, as amended, shall be binding upon every Member of the Association, and upon all those deriving legal rights from such amendments. ARTICLE 20 - REPEALING CLAUSE All By-Laws previously in effect shall be repealed as of the effective date of these By-Laws; provided, however, that this Section shall not be deemed to affect rights or obligations that have vested as of the effective date of these By-Laws pursuant to any Certificate of Life Membership or other contract. ARTICLE 21 - PROOF OF BY-LAWS Any printed copy of the By-Laws of the Association, duly certified under the seal thereof by the National Vice President-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 facie proof that such By- Laws were duly adopted by the Association at the time they purport 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 been amended or repealed. This Section is subject to the rules of evidence of any court having jurisdiction over the subject matter. ARTICLE 22 GOVERNING LAW AND TURISDICTION Section 2201. GOVERNING LAW - The provisions of the Charter and these By-Laws shall be governed by and construed according to the laws of the Commonwealth of Pennsylvania. Section 2202. JURISDICTION - All proceedings and actions, whether at law or in equity, brought against the Association, arising out of or relating to the interpretation or construction of the Charter or these By-Laws shall be brought only in the United States District Court for the Western District of Pennsylvania or in the Court of Common Pleas of Allegheny County, Pennsylvania. ARTICLE 23 - CONSOLIDATION OR MERGER If any alliance, fellowsliip or society in the United States William Fenn Life, Special Convention Edition, December 2007 44
