11-99B-4
Section 11-99B-4 Filing of certificate of incorporation and copies of resolutions of governing
bodies with judge of probate; contents and execution of certificate of incorporation; notification
of Secretary of State of recordation of certificate of incorporation by judge of probate.
(a) Following the adoption of an authorizing resolution by that governing body that was the
last to adopt an authorizing resolution, but if and only if each other governing body with
whom such application was filed has theretofore adopted an authorizing resolution, the applicants
shall proceed to incorporate a district by filing for record in the office of the judge of
probate of the county in which the principal office of the district is to be located, as specified
in the certificate of incorporation provided for in this section, a certificate of incorporation
which shall comply with the requirements of this section and which shall be in the form and
executed in the manner provided in this section. (b) The...
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11-88-20
Section 11-88-20 Validation of prior defective incorporations under provisions of article.
In all cases where there has heretofore been an attempt to incorporate a public corporation
under the provisions of this article, and a certificate of incorporation with respect to such
corporation has been filed in the office of the judge of probate of the county in which such
corporation was sought to be incorporated, but the attempted incorporation is invalid because
of some irregularity in the procedure followed, the attempted incorporation of such public
corporation with respect to which such a certificate of incorporation has been filed shall
be and hereby is validated ab initio, notwithstanding any irregularity in the procedure for
incorporation of such corporation, including, without limiting the generality of the foregoing:
(1) The failure of the judge of probate in whose office such certificate of incorporation
was filed to examine such certificate of incorporation or to enter an...
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11-99B-5
Section 11-99B-5 Authorization and procedure for amendment of certificate of incorporation.
(a) The certificate of incorporation of any district may at any time and from time to time
be amended in the manner provided in this section. (b)(1) The board shall first adopt a resolution
proposing an amendment to the certificate of incorporation which shall be set forth in full
in the said resolution and which amendment may include, without limitation: a. A change in
the name of the district. b. The addition to the project or projects of the district of a
new project or projects and the proposed location thereof. c. Any matters which might have
been included in the original certificate of incorporation, or any change in any such matters.
(2) If any proposed amendment would add any new county, municipality, or public corporation
as a member of a district, such proposed amendment shall include, in addition: a. Provisions
for election of at least one director by the governing body of each such...
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41-10-86
Section 41-10-86 Amendment of certificate of incorporation. The certificate of incorporation
may at any time and from time to time be amended so as to make any change therein and add
any provision thereto which might have been included in the certificate of incorporation in
the first instance. Any such amendment shall be effected in the following manner: The members
of the board of directors of the corporation shall file with the governing body an application
in writing seeking permission to amend the certificate of incorporation, specifying in such
application the amendment proposed to be made. Such governing body shall consider such application
and, if it shall by appropriate resolution duly find and determine that it is wise, expedient,
necessary or advisable that the proposed amendment be made and shall authorize the same to
be made and shall approve the form of the proposed amendment, then the persons making such
application shall execute an instrument embodying the amendment...
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11-92A-6
Section 11-92A-6 Reincorporation. (a) In all cases where there has heretofore been an attempt
to create or incorporate an industrial development authority or industrial development board,
but the attempted creation or incorporation is or may be invalid because of some irregularity
in the procedure followed or some invalidity of or defects in the statute under which the
attempted creation or incorporation of the authority or board was made, any number of natural
persons, not less than three, residing in the county in which the board or authority was incorporated
or purported to be incorporated may file a written application with the probate judge of the
county in which the industrial development authority or industrial development board has been
incorporated or attempted to be created or incorporated, which application shall: (1) Contain
a statement that the incorporators propose to reincorporate an authority pursuant to the provisions
of this chapter; (2) State the authorized...
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11-22-6
Section 11-22-6 Certificate of incorporation - Amendments. If any corporation formed under
this chapter has accidentally or inadvertently failed to comply with the requirements hereof
in its organization, such omission or defect may be corrected by filing an amendment as provided
in this section. The certificate of incorporation of any corporation formed under this chapter
may also at any time and from time to time be amended so as to make any changes therein and
add any provisions thereto which might have been included in the certificate of incorporation
in the first instance. Any amendment shall be effected in the following manner: The members
of the board of directors of the corporation shall file with the governing body of the county
an application in writing seeking permission to amend the certificate of incorporation, specifying
in such application the amendment proposed to be made. Such governing body shall consider
such application and, if it shall by appropriate resolution...
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11-32-4
Section 11-32-4 Certificate of incorporation - Filing; contents; execution. (a) Within 40 days
following the adoption of an authorizing resolution by that governing body that was the last
to adopt an authorizing resolution, but only if the governing bodies of both the county and
the municipality with which applications were filed have theretofore adopted authorizing resolutions,
the applicants shall proceed to incorporate an authority by filing for record in the office
of the judge of probate of the authorizing county a certificate of incorporation which shall
comply in form and substance with the requirements of this section, and which shall be in
the form and executed in the manner as provided in this chapter. The certificate of incorporation
of the authority shall contain all of the following: (1) The names of the persons forming
the authority, and that each of them is a duly qualified elector of the authorizing county.
(2) The name of the authority which shall be "_____ County...
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22-21-350
Section 22-21-350 Definitions. The following words and phrases used in this division shall,
unless the context clearly indicates otherwise, have the following respective meanings: (1)
AUTHORITY. A public corporation organized, and any public hospital corporation reincorporated,
pursuant to the provisions of the enabling statute. (2) AUTHORIZING RESOLUTION. A resolution
adopted by the board authorizing an arrangement by which an authority is to furnish office
space to a nonhospital-based physician, dentist or other health care professional for use
in his private practice. (3) AUTHORIZING SUBDIVISION. A county, municipality, or educational
institution with the governing body of which an application for the incorporation of an authority
under the enabling statute, or for the reincorporation of a public hospital corporation thereunder,
is filed (and any other county, municipality, or educational institution that may at the time
constitute an "authorizing subdivision" within the meaning of...
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11-20-70
Section 11-20-70 Establishment of agriculture authority; application; articles of incorporation.
(a) An agriculture authority may be established in any county to construct and operate facilities
to promote agricultural businesses, operations, and commodities, workforce development, and
economic development within the county as further provided in this article. The operational
area of an agriculture authority may not extend beyond the boundaries of the county in which
an agriculture authority is incorporated. (b) Any number of natural persons who are residents
and qualified electors in the county may file an application in writing with the county commission
for authority to incorporate and organize an agriculture authority. If the application is
approved, the county commission shall adopt a resolution declaring it to be wise, expedient,
and beneficial to the county that the agriculture authority be formed and that the persons
filing the application are authorized to form the authority....
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11-22-4
Section 11-22-4 Certificate of incorporation - Contents; execution. (a) The certificate of
incorporation of any corporation organized under this chapter shall set forth: (1) The names
of the applicants, together with a recital that each of them is an elector of and taxpayer
in the county; (2) The name of the corporation, which shall be "the public park and recreation
board of _____ County" (the blank space to be filled in with the name of the county),
if such name shall be available for use by the corporation and if not available, or if the
incorporators desire some other name, then the incorporators shall designate some other similar
name that is available; (3) A recital that permission to organize the corporation has been
granted by a resolution duly adopted by the governing body of the county and the date of the
adoption of such resolution; (4) The location of the principal office of the corporation (which
shall be in the county); (5) The purposes for which the corporation is...
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