Farmers' Mutual Aid Associations

Ark. Code Ann. tit. 23, ch. 73

in effect

Ark. Code Ann. § 23-73-101 Definition.

As used in this chapter, unless the context otherwise requires, “farmer” means a farm tenant or any person who owns or cultivates or superintends the cultivation of a farm.

Ark. Code Ann. § 23-73-102 Scope.

(a) This chapter applies only to domestic farmers' mutual aid companies and associations. (b) Nothing in the insurance laws of this state shall be deemed to apply to or govern either directly or indirectly farmers' mutual aid companies or associations except as contained in or referred to in this chapter.

Ark. Code Ann. § 23-73-103 Associations existing as of January 1, 1960.

Any company or association lawfully organized and existing and lawfully doing business and insuring property as a farmers' mutual aid association or company as of January 1, 1960, is not required to reorganize or comply with the provisions of this chapter applicable to organization of a farmers' mutual aid association or company.

Ark. Code Ann. § 23-73-104 Other provisions applicable.

In addition to the provisions of this chapter, farmers' mutual aid companies or associations shall also be subject to the following chapters and provisions of the Arkansas Insurance Code to the extent so applicable: (1) Sections 23-60-101 — 23-60-108 and 23-60-110, scope of Arkansas Insurance Code; (2) Section 23-61-101 et seq., § 23-61-201 et seq., and § 23-61-301 et seq., the Insurance Commissioner; (3) Section 23-65-101 et seq., unauthorized insurers; (4) Sections 23-66-201 — 23-66-213, 23-66-301 — 23-66-306, 23-66-308 — 23-66-311, 23-66-313, 23-66-314, and 23-66-501 — 23-66-513, trade practices and frauds; (5) Section 23-79-208, suits against insurers — damages and attorney's fees, loss claims; (6) Sections 23-68-101 — 23-68-113 and 23-68-115 — 23-68-132, rehabilitation and liquidation; (7) Provisions of § 23-63-601 et seq., assets and reserves and valuation of assets; (8) Sections 23-63-801 — 23-63-833 and 23-63-835, investments; (9) Section 23-62-205, reinsurance; (10) Section 23-69-134, maintenance of home office and records; (11) Section 23-64-101 et seq., agents, brokers, solicitors, adjusters, and consultants. However, company or association officers and directors that also act as agents for their companies or associations shall not be required to license as agents, if the officers and directors do not receive commissions for policy sales; (12) Sections 23-61-701 — 23-61-705, State Insurance Department Trust Fund fees; (13) Section 23-79-109, filing and approval of forms; (14) Sections 23-88-101, valued policy law and 23-88-102, paying costs of volunteer fire department services; and (15) Section 23-63-201 et seq., authority to do business.

Ark. Code Ann. § 23-73-105 Organization — Membership — Insurance coverage.

(a) Twenty (20) or more farmers, all of whom shall be residents of this state, may make mutual pledges and give valid obligations to each other for their insurance against loss or damage by fire, tornado, lightning, cyclone, windstorm, hail, explosion with or without fire ensuing, smoke, or direct loss or damage to insured property caused by moving vehicles and airplanes, riot, riot attending a strike, and civil commotion. (b) These associations shall not insure any property not owned by one (1) of its members. (c) Directors of public school districts of any kind and trustees of churches may become members of such an association in their representative capacities, for the purpose of insuring schoolhouses and churches. (d) These associations may write coverage, at their election, for collapse of buildings from the weight of ice and snow. (e) An association shall file all forms, including policy forms, application forms, rider or endorsement forms, or forms of renewal certificate for the coverages contained in subsections (a) and (d) of this section with the Insurance Commissioner. These filings shall be for informational purposes only. (f) The associations may also write burglary and theft, glass, leakage, and fire extinguisher equipment, livestock, miscellaneous coverage, and liability, provided those coverages are written as a supplement, or package commonly referred to as a homeowner or farmowner policy, to a fire insurance policy, if the commissioner approves the reinsurance agreement as to the liability portions or obligations under these policies. (g)(1) Before an association may write coverages: (A) The policy form shall have prior approval of the commissioner, in accordance with § 23-79-109; and (B) An association that writes any of the coverages listed in subsection (f) of this section shall maintain a minimum of fifty thousand dollars ($50,000) to be deposited with the commissioner in the form of securities eligible for deposit under § 23-63-903. (2)(A) Each association shall maintain an unimpaired minimum surplus of five hundred thousand dollars ($500,000). (B)(i) If compliance with this section would cause the association to become impaired or insolvent, the commissioner may allow the association to augment incrementally its unimpaired minimum surplus in order for the association to achieve compliance no later than December 31, 2010. (ii) For good cause shown in writing by an association, the commissioner may grant not more than two (2) extensions for not more than two (2) years per extension of the deadline set for compliance in subdivision (g)(2)(B)(i) of this section. (3) However, if the association reinsures its obligations under the coverages listed in this section to the extent of one hundred percent (100%), the commissioner, in his or her discretion, may waive the deposit requirement under this section. (4) The deposit is subject to: (A) The payment of creditors and the prompt payment of all claims arising and accruing to any person in this state; and (B) The conditions specified in § 23-63-909. (h) Premiums received on policies sold containing the coverages listed in subsection (f) of this section shall be subject to the provisions of § 26-57-601 et seq. relating to premium taxes.

Ark. Code Ann. § 23-73-106 Articles of association.

(a) Articles of association of any farmers' mutual aid company or association shall specify: (1) The name of the association or company; (2) The purposes for which formed; (3) The location of its principal or home office, which office shall be in this state; (4) The names and addresses of the members of its first board of directors who shall manage the association until the first meeting of the members; (5) The names, addresses, and places of residence of the organizers; and (6) Provisions relating to amendment of the articles, as provided in § 23-73-111. (b) The articles shall be executed in duplicate and filed with the Insurance Commissioner.

Ark. Code Ann. § 23-73-107 Adoption of similar name prohibited.

No name shall be adopted by the company or association which is so similar to any name already in use by any existing company or association organized or doing business in Arkansas as to be confusing or misleading.

Ark. Code Ann. § 23-73-110 Legal existence.

(a) The legal existence of the association begins from the date of the Insurance Commissioner's certificate authorizing it to begin business. (b) Thereupon the board of directors named in its articles may: (1) Adopt bylaws which shall be filed with the commissioner within thirty (30) days after adoption; (2) Accept applications for insurance; and (3) Transact business of the association, except that it shall not insure any property or issue any policies until it has received a certificate of authority to transact insurance as provided for in this chapter.

Ark. Code Ann. § 23-73-111 Amendment of articles and bylaws.

(a) Articles of association may be amended as provided in the articles, and any such amendments shall promptly be filed with the Insurance Commissioner within thirty (30) days after its adoption. (b) Bylaws may be amended, as provided in the bylaws, and any such amendment shall be filed with the commissioner within thirty (30) days after its adoption.

Ark. Code Ann. § 23-73-112 Qualifications for certificate of authority.

To qualify for and hold a certificate of authority to insure property or issue policies, the company or association shall: (1)(A)(i) Have at least two hundred fifty (250) members who hold policies or certificates upon at least two hundred fifty (250) separate risks. (ii) An association or company whose membership falls below two hundred fifty (250) members shall notify the Insurance Commissioner immediately and shall have ninety (90) days from that date to bring its membership level back up to the requisite number of two hundred fifty (250) members. (iii) If an association or company fails to restore the membership level to two hundred fifty (250) members within the prescribed ninety-day period, the commissioner may: (a) Direct the association or company to follow a course of action that will protect the assets of the association and allow for continued protection of the members; or (b) Place the association or company into involuntary dissolution as contained in § 23-73-120. (B)(i) If immediate initial compliance with subdivision (1)(A) of this section would cause a domestic association or company to be ineligible for a continued certificate of authority to operate in this state on April 11, 2005, the commissioner may allow that domestic association or company to augment its membership in increments in order for it to achieve compliance with the minimum requirements by no later than December 31, 2006. (ii) For good cause shown in writing by an association or company, including planned action steps to achieve the minimum membership, the commissioner may grant one (1) or more extensions of the deadline set for compliance in subdivision (1)(B)(i) of this section for a period or periods not to exceed one (1) year; (2)(A) Maintain contracts or treaties of reinsurance as necessary based on its risk and surplus level with insurance companies, excluding surplus lines insurers, licensed or otherwise registered to conduct that business in the State of Arkansas. (B) Indemnity reinsurance contracts or treaties shall be structured to provide protection to the company or association against a reduction of the surplus to an extent that the reduction: (i) Endangers the solvency of the company or association; or (ii) Hinders the company's or association's ability to pay claims made by policyholders; and (3) Fully comply with and qualify according to the other provisions of this chapter.

Ark. Code Ann. § 23-73-113 Continuance of certificate of authority.

(a) For continuance of an original certificate of authority, a farmers' mutual aid company or association shall file with the Insurance Commissioner: (1) A concise statement of its financial condition, management, and affairs on a form satisfactory to the commissioner; (2) Other documents or stipulations as the commissioner may reasonably require to evidence compliance with the provisions of this chapter; and (3) Pay any fees required by the Arkansas Insurance Code to be paid for filing the accompanying documents and for the certificate of authority if granted. (b)(1) After September 1, 2005, the commissioner shall prepare and send to each qualified farmers' mutual aid association or company a substitute Arkansas certificate of authority evidencing full licensure from the original date when the association or company was issued a certificate of authority. (2)(A) A certificate issued under subdivision (b)(1) of this section shall: (i) Be and remain the property of the State of Arkansas; (ii) Render any previous certificate of authority null and void as of the effective date of the new certificate; (iii) Remain in force and effect until it expires or is suspended, revoked, or surrendered; and (iv) Be continuous, subject to compliance with annual fee and reporting requirements. (B) The association or company shall promptly deliver the certificate to the commissioner upon the certificate's expiration, suspension, revocation, or surrender. (C)(i) If for any reason the association or company is not entitled to a continuation of the certificate of authority, the commissioner: (a) May refuse to continue the certificate; and (b) Shall give either written or electronic notice of the refusal to continue the certificate to the association or company. (ii) The certificate of authority shall expire on the next May 1 following the notice provided in subdivision (b)(2)(C)(i)(b) of this section. (c) After notice and a hearing, the commissioner may suspend or revoke a certificate of authority if the association or company: (1) No longer meets the requirements for holding a certificate of authority or is impaired or insolvent; (2) Is using methods or practices in the conduct of its business that unreasonably expose its members, policyholders, or the public to injury; (3) Has refused to be examined or to produce its accounts, records, or files for examination when required by the commissioner, or if any of its officers, directors, or key personnel have refused to give information with respect to the association's or company's affairs when required by the commissioner; (4) Has failed to pay a final judgment against it; or (5) Has violated or failed to comply with any applicable provision of the Arkansas Code or any lawful order or rule of the commissioner.

Ark. Code Ann. § 23-73-114 Application — Sections 23-61-201 et seq. and 23-61-301 et seq. applicable.

Section 23-61-201 et seq. and § 23-61-301 et seq. shall be applicable to farmers' mutual aid companies and associations.

Ark. Code Ann. § 23-73-115 Management and exclusive agency contracts.

(a)(1) No farmers' mutual aid company or association shall make any contract whereby any person is granted or is to enjoy in fact the management of the company or association or to have the controlling or preemptive right to produce substantially all insurance business for the company or association, unless the contract is filed with and approved by the Insurance Commissioner. (2) The contract shall be deemed approved, unless disapproved by the commissioner within thirty (30) days after date of filing, subject to such reasonable extension of time as the commissioner may require by notice given within the thirty (30) days. (3) Any disapproval shall be delivered to the company or association in writing, stating the grounds therefor. (b) The commissioner shall disapprove any contract if the commissioner finds that it: (1) Subjects the company or association to excessive charges; (2) Is to extend for an unreasonable length of time; (3) Does not contain fair and adequate standards of performance; (4) Grants the management of the association, to the substantial exclusion of its board of directors, to any person, corporation, partnership, joint venture, limited partnership, or limited liability company; (5) Requires the association to guarantee the manager's obligation or performance to anyone other than the association; (6) Allows the manager to assign its rights under the agreement to a third party without the consent of the board of directors and the commissioner; or (7) Contains other inequitable provisions which impair the proper interests of the company or association. (c) The commissioner, in his or her discretion, may require submission of a contract for review at any time if he or she believes a review would be in the best interest of policyholders of the company or association. (d)(1) No association shall indemnify or insure its manager's obligations to any other person or entity, unless by operation of law. (2) To the extent allowed by law, any indemnification by the association shall be limited to the extent of any insurance or reinsurance coverages applicable to the loss indemnified or insured. (e) The association shall disclose to the commissioner the name of any member of its board of directors that is also an officer, stockholder, agent, partner, limited partner, limited liability company member, joint venturer, or employee of the manager. (f) The acts of the manager may be examined as if it were the association. (g) The commissioner may adopt reasonable rules for the implementation and administration of the provisions of this section.

Ark. Code Ann. § 23-73-116 Fees.

Farmers' mutual aid companies or associations shall pay no annual fees or other charges except as required under the State Insurance Department Trust Fund Act, § 23-61-701 et seq., and under §§ 23-73-113 and 23-73-114 .

Ark. Code Ann. § 23-73-117 Conversion to mutual insurer.

(a) A farmers' mutual aid association as provided for by this chapter may be converted to a mutual insurer as defined in § 23-69-102 under any plan or procedure which may be approved by the order of the Insurance Commissioner after a hearing thereon. (b) The commissioner shall approve a plan or procedure if he or she finds that: (1) The plan would not be contrary to law and would not be contrary to the interest of insureds or the public; and (2) The plan has been approved by a vote of not less than two-thirds (2/3) of the members present or represented by proxy at the meeting, or such greater majority as may be otherwise provided in the association's bylaws. Voting shall be conducted by written ballot which shall be signed by the member, on a ballot form approved by the commissioner prior to voting. (c) Upon conversion, the association shall possess and thereafter maintain unimpaired surplus as regards policyholders of not less than seven hundred fifty thousand dollars ($750,000). (d) Upon conversion to a mutual insurer as provided for herein, the association shall be subject to and comply with all laws and rules applicable to mutual insurers. (e) Any association so converted shall be authorized to write only those lines for which it was authorized to write as a farmers' mutual aid association. However, the converted company may seek to have its certificate of authority amended to write additional lines. (f) The association shall have a period of time which shall be specified in the commissioner's order to complete the conversion. (g) Any association converted to a mutual insurer under the provisions of this section shall be designated as a “mutual insurer”, and that designation shall appear immediately following its name on all policies, financial statements, and other documents where its name appears.

Ark. Code Ann. § 23-73-118 Membership requirements.

The total membership of the association shall be at all times not less than the number of members required by § 23-73-112 .

Ark. Code Ann. § 23-73-119 Prohibited formation.

No farmers' mutual aid association or company shall be formed or incorporated after July 1, 1997, other than as provided in § 23-73-122 .

Ark. Code Ann. § 23-73-120 Dissolution.

(a) Voluntary. (1) An association or company may discontinue its operations and settle its affairs at any meeting of its members, due notice of the time, place, and purpose of which shall have been given to its members and the Insurance Commissioner, by a vote of two-thirds (2/3) of the members present or represented by proxy at the meeting. (2) Voting shall be conducted by written ballot which shall be signed by the member, on a ballot form approved by the commissioner, prior to voting. (3)(A) After the members have voted to dissolve, the association or company shall file a plan of dissolution with the commissioner for approval. (B) The dissolution plan must include provisions that: (i) Allow current policyholders to obtain similar coverage with another licensed insurer or farmers' mutual aid association or company; and (ii) Designate a committee of policyholders to liquidate assets and pay debts or expenses. (4) After the commissioner has approved the dissolution plan, the designated committee shall liquidate any assets and pay the debts and expenses of the association or company. (5) Upon final settlement of all the affairs of the association by the committee, it shall make a final report and accounting of the proceedings of the dissolutions which shall be signed by its members and be filed with and approved by the commissioner. (6) If the commissioner approves the final report, the commissioner shall transmit to the committee a certificate of approval and thereupon the association shall be deemed dissolved and shall cease to exist. The commissioner shall certify the dissolution to the Secretary of State. (7) The committee shall have its necessary and reasonable expenses reimbursed in the dissolution of the association or company as approved by the commissioner. (b) Involuntary. An association or company shall be statutorily dissolved in accordance with the provisions of §§ 23-68-101 — 23-68-113 and 23-68-115 — 23-68-132.

Ark. Code Ann. § 23-73-121 Licensing of agents.

Agents shall be licensed and issued a limited line license in accordance with § 23-64-101 et seq.

Ark. Code Ann. § 23-73-122 Merger.

(a) Two (2) or more farmers' mutual aid associations or companies may merge as provided in this section. To effect a merger, it shall be necessary: (1) That the board of directors of each of the associations shall propose a plan of merger and pass a resolution to the effect that the merger is advisable and containing the proposed name of the association, as merged, its principal office, and the names of its first board of directors and officers; (2) That an annual or special meeting of the policyholders of each of the associations shall be held, a notice of which meeting shall be mailed to each of the policyholders thereof at least thirty (30) days prior to the holding thereof, and which notice shall embody the resolution adopted by the board of directors, as provided in subdivision (a)(1) of this section; (3) That a majority of the policyholders of each of the associations present or represented at these meetings shall, by resolution, approve and ratify the action of the directors, as provided for in subdivision (a)(1) of this section; and (4) That the plan of merger, proceeding, and resolutions be filed with and approved by the Insurance Commissioner. (b) When full copies of these proceedings have been filed with the commissioner, which copies shall be certified by the president and secretary of the respective associations and duly verified by these officers, and approved of by him or her, the merger of these companies shall be deemed to be complete, and the company so continuing the business shall be deemed to have fully assumed all of the obligations, liabilities, and risks and to be the owner of all the assets of the associations so merging. (c) If this merger is made under any new name, the filings of these proceedings and the approval of same by the commissioner shall be sufficient to constitute the merged company an association, with all the powers and privileges, and subject to all the limitations, of a farmers' mutual aid association or company under the laws of the state.

Ark. Code Ann. § 23-73-123 Indemnification.

(a) A company or association may indemnify a person made or threatened to be made a party to a proceeding by reason of the former or present official capacity of the person against judgments, penalties, fines, including, without limitation, excise taxes assessed against the person with respect to an employee benefit plan, settlements, and reasonable expenses, including attorney's fees and disbursements, incurred by the person in connection with the proceeding if, with respect to the acts or omissions of the person complained of in the proceeding, the person: (1) Has not been indemnified by another organization or employee benefit plan for the same judgments, penalties, fines, including, without limitation, excise taxes assessed against the person with respect to an employee benefit plan, settlements, and reasonable expenses, including attorney's fees and disbursements incurred by the person in connection with the proceeding with respect to the same acts or omissions; (2) Acted in good faith; (3) Received no improper personal benefit; (4) In the case of a criminal proceeding, had no reasonable cause to believe the conduct was unlawful; and (5)(A) Reasonably believed that the conduct was in the best interests of the company or association, or reasonably believed that the conduct was not opposed to the best interests of the company or association. (B) If the person's acts or omissions complained of in the proceeding relate to the conduct as a director, officer, trustee, employee, or agent of an employee benefit plan, the conduct is not considered to be opposed to the best interests of the company or association if the person reasonably believed that the conduct was in the best interests of the participants or beneficiaries of the employee benefit plan. (b) Insurance. A company or association may purchase and maintain insurance on behalf of a person who is or was a director, officer, employee, or agent of the corporation or who, while a director, officer, employee, or agent of the association, is or was serving at the request of the company or association as a director, officer, partner, trustee, employee, or agent of another organization or employee benefit plan against any liability asserted against and incurred by the person in or arising from that capacity, whether or not the company or association would have been required to indemnify the person against the liability under the provisions of this section. (c) Indemnification of Other Persons. Nothing in this section shall be construed to limit the power of the company or association to indemnify other persons by contract or otherwise.

Source: Public.Resource.Org / UniCourt, Official Code of Arkansas Annotated, Release 78 (2020) (unicourt.github.io/cic-code-ar)URL: https://unicourt.github.io/cic-code-ar/transforms/ar/ocar/r78/gov.ar.code.title.23.htmlFetched: 11/8/2026