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BY-LAWS
Of the
Nevada Association of Health
Underwriters
Adopted July 1,
2009
Amended
ARTICLE I – NAME AND TERRITORIAL
LIMITS
Section
1. This
organization shall be known as the Nevada Association of Health Underwriters, hereinafter
referred to as this Association, a non-profit corporation incorporated as such under the laws
of the state of Nevada and chartered by the National Association of Health
Underwriters.
Section
2. The
territorial limits of this Association shall be confined to the state of
Nevada.
ARTICLE II – PURPOSES
Section
1. The
objectives of this Association shall be:
A. To promote the common
business interests of those engaged in the sale of health, disability and related insurance
products and services.
B. To advance public
knowledge for the need and benefit of the financial protection provided by health, disability
and related insurance products and services.
C. To promote the
adoption and application of high standards of ethical conduct in the health, disability and
related insurance products and service industry.
D. To provide and
promote a program of continuing education and self-improvement of Association members.
E. To increase the
knowledge of members concerning the principles, functions and applications of health,
disability and related insurance products and services.
F. To promote education,
legislation, regulation and practices which are in the best interest of the health,
disability and related insurance industry and thus provide financial protection to the
insuring public.
G. To encourage adequate
protection against the hazards of disability as part of a well-rounded health, disability and
related insurance products and services program.
H. To do such other
things and to carry out such other programs so as to further the purposes of the National
Association of Health Underwriters.
Section
2. This
Association and its members recognize an obligation to present accurately, honestly and
completely every fact essential to the client’s decision as expressed in the National
Association of Health Underwriters Code of Ethics which is considered a part of these
bylaws.
ARTICLE III – MEMBERSHIP
Section
1.
Membership in this Association will be available under the following
designations:
A. Individual
Members
B. Life
Members (optional)
Section
2. An
individual member may be any individual licensed by his/her state licensing authority for the
sale of health, disability and related insurance products and services. Individual members
may also include non-licensed individuals engaged in the distribution of health, disability
and related insurance products and services such as, but not limited to, home office
personnel and others engaged in the management and distribution of such products. Individual
members who have paid their annual national, state and local dues will also be referred to as
Active Members.
Section
3.(optional)Life membership may be granted
when an active member has been in good standing for a minimum of ten (10) consecutive years,
and has: 1) attained age 65 and retired; or 2) become disabled. Life members have the same
rights and privileges as individual members. This association shall determine the amount of
reduction of local chapter dues, if any. Life member status shall be automatically conferred
when all qualifications are met and application is made and verified by the National
Association of Health Underwriters.
ARTICLE IV – NATIONAL AND STATE
AFFILIATION
Section
1. This
Association agrees to be bound by the bylaws of the National Association of Health
Underwriters as adopted and amended.
Section
2. The
Board of Directors shall provide for the prompt review, approval and forwarding of all
reports required or requested by the National Association of Health
Underwriters.
Section
3.
Insofar as possible, this Association shall be represented by its proper delegates, or their
duly appointed alternates, at the annual meeting of the National Association of Health
Underwriters.
ARTICLE V – DUES AND FINANCE
Section
1. Each
active member of this Association shall pay local, state and national annual dues. Such
annual dues shall be payable on the first day of the member’s anniversary month as recorded
by the National Association of Health Underwriters. All dues shall be submitted to and
through the National Association of Health Underwriters. Any individual member more than
sixty (60) days in arrears in payment of dues shall be dropped from the rolls as a member in
good standing.
Section
2. The
Board of Directors shall determine the amount of annual dues of this Association, subject to
the ratification of at least three-fourths (3/4) of the local associations in the state. This
Association’s dues may only be changed once a year and will be in effect from January 1
through December 31 of each year. Not later than the fifteenth (15th) of September
of each year, or a date specified by the National Association of Health Underwriters, if this
Association plans to increase or decrease its state chapter dues for the following calendar
year, the President shall advise the National Association of Health Underwriters in writing
of the Board-approved dues for the following year.
Section
3. The
fiscal year of this Association shall begin on the first day of January of each
year.
Section
4. This
Association’s books of accounts shall be reviewed and/or audited at least once each fiscal
year. The Board of Directors shall name the auditors/reviewers.
Section
5. The
Board of Directors shall determine the official depository (ies) for Association funds and
shall designate one or more Board members in addition to the Treasurer to sign or countersign
checks or other documents for the disbursement of such funds.
ARTICLE VI – OFFICERS
Section
1. The
officers of this Association shall be: President, President-Elect, Immediate Past President,
Vice President, Secretary, and Treasurer. The offices of the Secretary and Treasurer
may be combined at the discretion of the Board. The Association may also have an Association
Executive who shall be a non-voting member.
Section
2. Each
officer, except the Association Executive, shall be an active member of this Association, and
one of the local Associations and the National Association of Health Underwriters.
Section
3. All
officers except the Association Executive, shall serve
without compensation, shall serve
without compensation.
Section
4. All
officers shall take office on the first day of July of each year following their election,
and shall serve for a term of one year.
Section
5. The
office of Immediate Past President shall be filled automatically by the outgoing President.
In the event there is no outgoing President, this office shall remain
vacant.
Section
6. If the
office of the President shall become vacant due to death, disability, resignation, or removal
by due process, the President-Elect shall assume the office for its unexpired term and the
term of President for the succeeding year and the office of President-Elect shall become
vacant until the next regular election. If the office of President becomes vacant and there
is no President-Elect, the order of succession shall be Vice President, then Treasurer, and
then Secretary.
Section
7. If the
office of President-Elect shall become vacant due to death, disability, resignation, or
removal by due process, or by succession to the Presidency under Article VI., Section 6, the
President shall, within thirty (30) days of the effective date of vacancy, appoint a member
of this Association in good standing to fulfill the duties of the office for its unexpired
term. The appointment shall be subject to a three-fourths (3/4) vote of approval by the Board
of Directors. The office itself shall remain vacant until the next regular
election.
Section
8. If the
offices of Vice President, Secretary and/or Treasurer become vacant due to death, disability,
resignation, recall or removal by due process, or by succession under Article VI., Section 6,
the office(s) shall be filled by appointment by the President. The appointment shall be
subject to three-fourths (3/4) vote of approval of the Board of Directors and shall be only
for the unexpired term of the office(s). Appointees shall assume the title and duties of the
office(s).
ARTICLE VII – DUTIES OF
OFFICERS
Section
1. The
duties of the officers shall be as follows:
A. President – The
President shall be the chief elected officer of this Association and shall preside over all
meetings of this Association and the Board of Directors. The President shall be an ex officio
member of all standing and special committees except the Nominations Committee.
B. President-Elect – The
President-Elect, in the absence of the President, shall preside at all meetings of this
Association and the Board of Directors and shall perform such other duties as may be assigned
by the President or Board of Directors.
C. Immediate Past
President – The Immediate Past President shall serve as an advisor to the Board of Directors
and perform other duties as assigned by the President or Board of Directors.
D. Secretary – The
Secretary shall be responsible for keeping all records of membership, attendance, membership
dues and minutes of the meetings of this Association and the Board of Directors and shall
perform other duties as may be assigned by the President or Board of Directors.
E. Treasurer – The
Treasurer shall be responsible for receiving all funds and dues paid to this Association.
Dues shall be forwarded to the National Association of Health Underwriters, where they will
be deposited and the local portion remitted back to this Association on a monthly basis. The
Treasurer shall deposit all other funds in this Association’s official depository (ies) and
shall disburse such funds upon the order of the Board of Directors. The accounts and books of
the Treasurer and this Association shall be open at all times for inspection by the
President, the Board of Directors, and any authorized auditors. The Treasurer shall be
responsible for the completion and submission of forms required by laws governing the
administration and/or tax status of this Association.
F. Association Executive
– The Association Executive is appointed by the Board of Directors, for such period, such
compensation, and with such authority, duties, facilities and assistance as the Board of
Directors may determine. The Association Executive shall have no vote.
ARTICLE VIII – BOARD OF
DIRECTORS
Section
1. The
Board of Directors shall consist of the officers and one (1) elected director of each local
association within the state and the Association Executive as an ex-officio member of the
board.
Section
2. Each
director shall be an active member of this Association, and one of the local Associations and
the National Association of Health Underwriters.
Section
3. All
directors shall serve without compensation. The exception being an Association
Executive if one is retained by the Board.
Section
4. All
directors shall take office on the first day of July of each year following their election,
and shall serve for a term of one year. (See Article VI, Section 4.)
Section
5. The
Board of Directors shall determine the policies and activities of this Association, approve
the budget, authorize all expenditures and disbursements, and have the authority and
responsibility to manage this Association’s affairs.
Section
6. The
Board of Directors shall meet no less than four (4) times per year or at the call of the
President. The meetings shall be held at such times and places as may be determined by the
President or Board of Directors. A written notice of the time and place of all regular
meetings of the Board of Directors of this Association shall be distributed to each member of
the Board by the President not less than thirty (30) days prior to the
meeting.
Section
7. The
Board of Directors may transact business by mail or electronic means by voting upon proposals
presented to them. Any such proposal shall be adopted if at least two-thirds (2/3) majority
of the entire Board returns affirmative votes. The members of the Board of Directors shall be
advised of the results of such balloting no less than seven (7) days after the vote is
tabulated.
Section
8. A
majority of the Board of Directors shall constitute a quorum for the transaction of
business.
Section
9. In the
event a director position becomes vacant due to death, disability, resignation or removal by
due process or by succession under Article VI., Section 6, the position shall be filled by
appointment by the President. The appointment shall be subject to three-fourths (3/4) vote of
approval of the Board of Directors and shall be only for the unexpired term of the
office(s).
ARTICLE IX – NOMINATIONS AND
ELECTIONS
Section
1. The
election of officers shall be held at the annual meeting of this Association. The election of
directors shall be held by the local associations prior to the annual meeting of this
Association.
Section
2. At
least three (3) months prior to the date of the annual meeting, the President shall appoint a
Nominations Committee. The duties of this committee shall be to solicit and receive
nominations and to prepare a slate of candidates. The Nominations Committee shall have
general charge of the election process including the preparation, distribution, collection
and counting of ballots, and reporting the results.
Section
3. The
Nominations Committee shall prepare a ballot containing the names of all qualified nominees
and distribute ballot materials to all active members at least one (1) month prior to the
date of the annual meeting. The ballots shall be cast in person at the annual meeting. (Refer
to NAHU’s bylaws Article X, Section 1E for more information on elections.)
ARTICLE X –
COMMITTEES
Section
1. There
shall be the following standing committees:
A. Awards/Nominations
B. Education/Programs
C. Legislation
D. Membership
Section
2. The
President shall appoint the chairs and members of all standing, special or ad hoc committees
and task forces, subject to the approval of the Board of Directors.
Section
3. The
Board of Directors shall establish guidelines for all committees and task forces regarding
usual duties, terms of office, and requirements for reports unless otherwise specified in
these bylaws.
Section
4. The
administration of the fiscal affairs of all standing, special and ad hoc committees and task
forces are vested in the Board of Directors.
ARTICLE XI – RECALL AND REMOVAL
FROM OFFICE
Section
1. An
officer, member of the Board of Directors, committee member or chair, or task force member or
chair may be removed from office in the event of such acts of dishonesty, fraud,
misrepresentation, or other reasonable cause as would prevent the effective performance of
his/her duties.
Section
2. No
elected officer or board member, or appointed committee member or chair, or appointed task
force member or chair may be removed from office without a three-fourths (3/4) vote of the
Board of Directors at any regular or special meeting at which a quorum is
present.
Section
3. Notice
of recall or removal must be sent by registered mail to the affected individual advising
him/her of the action taken or about to be taken. Removal by due process requires
notification prior to the vote for removal from office. The Board of Directors and/or
twenty-five percent (25%) of this Association’s membership can initiate recall. Recall can
only be achieved by a three-fourths (3/4) vote of the Board of Directors.
Section
4.
Failure to achieve the required vote for removal will cause the immediate reinstatement of
the recalled individual to office. Any appointee replacing the recalled officer shall also
immediately be discharged.
Section
5. Any
individual member of this Association shall lose all rights and privileges of office under
this Association if his/her license to sell insurance is revoked or if he/she is convicted of
a felony or gross misdemeanor.
ARTICLE XII – PARLIAMENTARY
AUTHORITY
Section
1. The
current edition of “The Standard Code of Parliamentary Procedure” (Sturgis) governs this
Association in all parliamentary situations that are not provided for in the law or in its
charter, bylaws or adopted rules.
ARTICLE XIII –
AMENDMENTS
Section
1.
Amendments to these bylaws, if in conformity with the policy of the National Association of
Health Underwriters, may be adopted by a two-thirds (2/3) vote of the active members of this
Association present at any meeting of this Association, or by voting by mail as determined
and directed by the Board, provided that written notice of the meeting or mail-in ballot, and
of the proposed amendment(s) shall have been given to the members at least one month prior to
the meeting, and provided further that a quorum is present at the meeting or if by mail that
at least 51% of all eligible members cast a ballot.
Section
2.
One-tenth (1/10) of this association's membership shall constitute a
quorum.
ARTICLE XIII –
INDEMNIFICATION
Section
1. This
Association may, by resolution of the Board of Directors, provide for indemnification by this
Association of any and all its Directors or officers or former Directors or officers against
expenses actually and necessarily incurred by them in connection with the defense of any
action, suit or proceeding, in which they or any of them are made parties, or a party, by
reason of having been Directors or officers of this Association, except in relation to
matters as to which such Director or officer or former Director or officer shall be adjudged
in such action, suit or proceeding to be liable for negligence or misconduct in the
performance of duty and to such matters as shall be settled by agreement predicated on the
existence of such liability for negligence or misconduct.
ARTICLE XIV –
DISSOLUTION
Section
1.
Dissolution of this Association requires the passing of a Resolution of Resignation by a
three-fourths (3/4) vote of all active members. The adopted resolution shall be sent by the
Secretary of this Association by registered mail to the Executive Vice President of the
National Association of Health Underwriters and shall become effective upon acceptance by the
Board of Trustees. Upon acceptance of the Resolution of Resignation by the Board of Trustees,
individual members of this Association shall become active members of the existing local
association nearest them in their state, or members-at-large if no other association exists
within their state.
Section
2. This
Association, by taking the action to resign, shall surrender all rights to use the name,
emblem, insignia, plate, sign, label or phrase indicative of membership in this
Association.
Section
2. This
Association’s charter with the National Association of Health Underwriters may be suspended
or revoked in accordance with appropriate sections of the bylaws of the National Association
of Health Underwriters.
Section
3. This
Association shall use funds only to accomplish the objectives and purposes specified in these
bylaws and no part of said funds shall inure or be distributed to its members in the event
this Association is dissolved or its charter revoked for cause in violation of the bylaws of
the National Association of Health Underwriters. Immediately upon dissolution or revocation
of its charter, this Association’s Board of Directors shall return all remaining Association
funds to the National Association of Health Underwriters for placement in escrow. Funds
placed in escrow will be distributed in accordance with the procedures outlined in the bylaws
of the National Association of Health Underwriters.
ARTICLE XV – PREVIOUS BYLAWS
SUPERCEDED
Section
1. These
bylaws, as revised, supercede all provisions of any previous bylaws of this
Association.
Approved and adopted by the Nevada Association of
Health Underwriters this 1st Day
of July 2009.
Attested by: Rebecca Purdy,
President
Signed:
________________________________
Rebecca
Purdy, President NNAHU – 2009 - 2010
##END##
APPENDIX A - NAHU Code of
Ethics
To hold the selling, service and distribution of
disability insurance and health insurance plans as a professional and a public trust and to
do all in my power to maintain its prestige.
To keep paramount the needs of those whom I
serve.
To respect my clients' trust in me, and to never do
anything which would betray their trust or confidence.
To give all service possible when service is
needed.
To present policies factually and accurately,
providing all information necessary for the issuance of sound insurance coverage to the
public I serve.
To use no advertising which may be false or
misleading.
To consider the sale of disability income and health
insurance plans as a career, to know and abide by the insurance laws of my state, and to seek
to constantly increase my knowledge and improve my ability to meet the needs of my
clients.
To be fair and just to my competitors and to engage in
no practices that may reflect unfavorably on me or my industry.
To treat prospects, clients and companies fairly by
submitting applications that reveals all available information pertinent to underwriting a
policy.
To be loyal to my clients, associates, fellow agents
and brokers, and the company or companies whose products I represent.
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