2006 Minnesota Statutes

62C.04 ORGANIZATION.
    Subdivision 1. Incorporated as nonprofit. Except as otherwise expressly provided, a
service plan corporation organized after August 1, 1971 shall be incorporated under and subject
to chapter 317A, as it may be amended, and in addition shall have, to the extent provided in its
articles of incorporation, all powers and duties provided by Laws 1971, chapter 568 for service
plan corporations. A service plan corporation may be incorporated by not less than three legal
residents of this state.
    Subd. 2. Existing corporations. An existing corporation shall be deemed a service plan
corporation under Laws 1971, chapter 568, subject to all of its terms and conditions, shall receive
a certificate of authority from the commissioner, and shall not be required to obtain new licenses
for its agents and representatives. However, any existing service plan corporation shall, within 30
days after the first annual meeting of the corporation following August 1, 1971, amend its articles
and bylaws to the extent necessary to conform to and be governed by Laws 1971, chapter 568
and chapter 317A and file said articles and bylaws for approval and filing in accordance with
Laws 1971, chapter 568. If any service plan corporation fails to meet these requirements the
commissioner may suspend without a hearing its certificate of authority until the requirements of
Laws 1971, chapter 568 have been fully met.
    Subd. 3. Regulation of name. No service plan corporation shall include within its name the
words "insurance," "casualty," "surety," "mutual," "indemnity," or any other words descriptive
of the insurance, casualty, or surety business. No service plan corporation shall have a name,
mark or symbol which is the same as, or deceptively similar to, the name of any other domestic
corporation.
    Subd. 4. Combination of health services. A service plan corporation may be organized
to provide for a combination of health services and an existing corporation may so provide
by amendment of its articles of incorporation, or by merger, consolidation, or joint operating
arrangements with another service plan corporation. All such actions taken shall be subject to the
provisions of chapter 317A, and to the approval of the commissioner for protection of the public
and subscribers. If the commissioner denies approval an appeal may be made to the Ramsey
County District Court for review de novo of all matters relevant to the proposed combination.
History: 1971 c 568 s 4; 1989 c 304 s 137