Current through 2023-2024 Legislative Session Chapter 709
Section 33-14-4 - Execution and contents of application for charter(a) Five or more individuals of the age of 18 years or more of good moral character who have not been convicted of any crime involving moral turpitude may incorporate a stock insurer; ten or more such individuals may incorporate a mutual insurer. Not less than two-thirds of the incorporators shall be citizens of the United States and residents of this state.(b) The application for charter shall be signed by the persons applying for the charter and shall state: (1) The name of the corporation;(2) That the corporation shall have perpetual duration, unless otherwise limited in the application for charter. Each domestic stock and mutual insurance corporation existing on April 1, 1969, and thereafter shall have perpetual duration unless its charter is subsequently amended under this chapter to provide for a limited period of duration;(3) The names and addresses of the incorporators;(4) The kinds of insurance the corporation is formed to transact according to the definitions of insurance set forth in Chapter 7 of this title;(5) If a stock corporation, the authorized capital and the par value of each share, which par value shall be at least $1.00 per share; provided, however, that after the corporation has operated for three consecutive years the par value may be reduced below $1.00 per share but not below a par value of 50¢ per share. Shares without par value shall not be authorized. The capitalization shall not be less than that required of the insurer under the provisions of Chapter 3 of this title;(6) If a mutual corporation, the maximum contingent liability of its members other than as to nonassessable policies for payment of losses and expenses incurred, which liability shall be not less than one nor more than six times the premium for the member's policy at the annual premium rate for a term of one year;(7) The number of directors, which number shall not be less than three, who shall conduct the affairs of the corporation and the names and addresses of the corporation's first directors and the officers for stated terms of office of not more than one year;(8) The name of the city or town and county in this state in which is to be located its home office and principal place of business;(9) If a stock corporation, the extent, if any, to which shares of its stock shall be subject to assessment;(10) If a stock corporation, the number of shares subscribed, if any, by each incorporator;(11) The limitations, if any, on the corporation's indebtedness; and(12) Such other provisions not inconsistent with law deemed appropriate by the incorporators.