SEC. 83-41-103. Incorporation.
Any seven or more persons, a majority of whom are residents of this state, may form a nonprofit corporation under this article for the purpose of providing hospital and/or medical and/or surgical services or benefits to such of the public as becomes subscribers to said corporation under a contract which entitles each subscriber to certain of such services or benefits. All such corporations shall be governed by this article and shall be exempt from all other provisions of the insurance laws of this state unless otherwise specifically provided herein. Such a corporation may be formed under this article in the following manner:
(a) The proposed incorporators shall subscribe articles of incorporation in which shall be stated:
(1) The proposed corporate name of the corporation, which shall not so closely resemble the name of any other corporation already transacting business in this state as to mislead the public or lead to confusion.
(2) The domicile of the proposed corporation.
(3) The names and post office addresses of the incorporators.
(4) The fact that application for charter is being made under this article and the corporation proposed to operate under and subject to the provisions of this article.
(5) The purposes of the corporation, whether to provide a hospital service only, or hospitalization and/or medical and/or surgical services.
(b) Such articles of incorporation shall be filed with the commissioner of insurance, who shall refer the same to the attorney general for his opinion as to whether the same meet the requirements of this article and are not otherwise violative of the constitution or laws of this state or of the United States. The attorney general shall examine the same and endorse his opinion thereon and return the same to the commissioner of insurance for approval. The commissioner of insurance shall (if the same be approved by the attorney general) thereupon endorse his certificate of approval upon such articles of incorporation, record the same in his office, and refer the same to the office of the secretary of state to be there recorded, whereupon said corporation shall become and be considered an existing entity, but shall not be authorized to begin business until licensed as hereinafter provided. The articles of incorporation as thus approved and recorded shall be and constitute the charter of incorporation of such corporation. It shall not be necessary that such charter be published, nor shall it be necessary that it be recorded in the office of the chancery clerk.
SOURCES: Codes, 1942, Sec. 5615-02; Laws, 1948, ch. 349, Sec. 2.
1997 Amendment
SECTION 2. Sections 83-41-101, 83-41-103, 83-41-105, 83-41-107, 83-41-109, 83-41-111, 83-41-113, 83-41-115, 83-41-117, 83-41-119, 83-41-121, 83-41-123, 83-41-125, 83-41-127, 83-41-129 and 83-41-131, Mississippi Code of 1972, which provide for the organization and regulation of nonprofit hospital, medical and surgical service corporations by the Commissioner of Insurance, are repealed.
SOURCE: 1997 Laws, Chapter 307, Sec. 2, SB2066, Effective July 1, 1997.