33-17-5
Section 33-17-5 Certificate of incorporation; no fees to be paid to Secretary of State. When
the application has been made, filed and recorded, as herein provided, the applicants shall
constitute a public corporation under the name submitted in the application, and the Secretary
of State shall make and issue to the applicants a certificate of incorporation under the Great
Seal of the State and shall record the certificate with the application. There shall be no
fees paid to the Secretary of State for any service rendered or work performed in connection
with the authority thus formed, its incorporation, dissolution or records. (Acts 1967, No.
264, p. 746, §5.)...
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45-37-170.24
Section 45-37-170.24 Public corporation. When the application has been made, filed, and recorded,
as herein provided, the applicants shall constitute a public corporation under the name submitted
in the application, and the Secretary of State shall make and issue to the applicants a certificate
of incorporation under the Great Seal of the State and shall record such certificate with
the application. There shall be no fees paid to the Secretary of State for any service rendered
or work performed in connection with the authority thus formed, its incorporation, dissolution,
or records. (Act 87-793, p. 1553, §5.)...
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45-49A-64.03
Section 45-49A-64.03 Filing of application; authorization of incorporation. (a) A public corporation
may be organized pursuant to this part in any municipality having a population of not less
than 175,000 nor more than 250,000 according to the last or any subsequent federal decennial
census. In order to incorporate such a public corporation, any number of natural persons,
not less than three, shall first file a written application with the governing body of the
municipality which application shall do all of the following: (1) Contain a statement that
the authority proposes to render public transportation service in such county. (2) State the
proposed location of the principal office of the authority, which shall be within the municipality
where such application is filed. (3) State that each of the applicants is a duly qualified
elector of the municipality where such application is filed (4) Request that such governing
body adopt a resolution declaring that it is wise, expedient, and...
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11-50-314
Section 11-50-314 Powers of corporation generally; provisions in mortgages, deeds of trust,
or pledge agreements executed by corporation as to rights of parties thereto, etc. (a) Each
corporation formed or the certificate of incorporation of which is amended under this article
shall have the following powers together with all powers incidental thereto or necessary to
the discharge thereof in corporate form: (1) To have succession by its corporate name for
the duration of time (which may be in perpetuity) specified in its certificate of incorporation
or until dissolved as provided in this article; (2) To sue and be sued and to defend civil
actions against it; (3) To make use of a corporate seal and to alter the same at pleasure;
(4) To acquire, purchase, construct, operate, maintain, enlarge, extend, and improve any system
or systems, the operation of which is provided for in the certificate of incorporation of
such corporation or in any amendment thereto (whether or not such system or...
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22-21-72
Section 22-21-72 Incorporation - Application. Whenever any number of natural persons, not less
than three, shall file with the county commission of any county in this state an application
in writing for authority to incorporate a public corporation for hospital purposes in the
manner provided in this section, and if it shall be made to appear to the county commission
of such county that each of said persons is a duly qualified elector of, and owner of property
in, said county and if the county commission of the county shall adopt a resolution, which
shall be duly entered upon the minutes of such county commission, wherein it shall be declared
that it will be wise, expedient and necessary that such a corporation be formed and that the
persons filing said application shall be authorized to proceed to form the corporation, then
said persons shall proceed to become the incorporators of the corporation in the manner provided
in this section. If it is proposed that the corporation shall...
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10A-3-4.01
Section 10A-3-4.01 Procedure to amend certificate of formation of a nonprofit corporation.
(a) Amendments to the certificate of formation of a nonprofit corporation shall be made in
the following manner: (1) If there are members entitled to vote thereon, the board of directors
shall adopt a resolution setting forth the proposed amendment and directing that it be submitted
to a vote at a meeting of members entitled to vote thereon, which may be either an annual
or a special meeting. Written notice setting forth the proposed amendment or a summary of
the changes to be effected thereby shall be given to each member entitled to vote at the meeting
within the time and in the manner provided in this chapter for the giving of notice of meetings
of members. The proposed amendment shall be adopted upon receiving at least two-thirds of
the votes entitled to be cast by members present or represented by proxy at the meeting. (2)
If there are no members, or no members entitled to vote thereon, or...
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10-1-3
Section 10-1-3 Alteration or amendment of charter by corporations not of business character;
filing and contents of declarations; issuance of certificate; provisions cumulative. (a) Unless
otherwise provided, any corporation, not of a business character, may alter or amend its charter
whenever not less than three fourths in number of its members, in case of corporations having
no central or general governing body, or where such corporations have a central or general
governing body, then whenever not less than three fourths of the first four principal officers
of such central or general governing body, shall file in the office of the judge of probate
of the county wherein the original declaration of incorporation was filed or in cases where
the charter was granted by an act of the Legislature, prior to the adoption of the Constitution
in 1901, in the Office of the Secretary of State, a declaration in writing signed by them
setting forth: (1) When such corporation was organized, its name...
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10A-20-7.20
Section 10A-20-7.20 Amendment of certificate of formation. (a) The certificate of formation
may be amended by the votes of the stockholders and the members of the corporation, voting
separately by classes, and the amendments shall require approval by the affirmative vote of
two thirds of the votes to which the stockholders shall be entitled and two thirds of the
votes to which the members shall be entitled; provided, that no amendment of the certificate
of formation which is inconsistent with the general purposes expressed in this article, which
authorizes any additional class of capital stock to be issued or which eliminates or curtails
the right of the state Comptroller to examine the corporation or the obligation of the corporation
to make reports as provided in Section 10A-20-7.18 shall be made; and provided further, that
no amendment of the certificate of formation which increases the obligation of a member to
make loans to the corporation, makes any change in the principal...
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11-47-217
Section 11-47-217 Boards of directors of authorities. (a) Each authority shall have a board
of directors composed of the number of directors provided in the certificate of incorporation,
as most recently amended. Unless provided to the contrary in its certificate of incorporation,
all powers of the authority shall be exercised, and the authority shall be governed by the
board or pursuant to its authorization. Subject to the provisions of subdivision (8) of Section
11-47-215, the board shall consist of directors who have the qualifications and are elected
or appointed for certain terms of office as shall be specified in the certificate of incorporation
of the authority. Notwithstanding the foregoing, if the original directors are appointed by
the incorporators, the original directors shall be identified in the proposed form of the
certificate of incorporation submitted to the governing body of each of the authorizing subdivisions
together with the application for authority to...
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11-54-82
Section 11-54-82 Application for authority to incorporate industrial development board; adoption
of resolution by governing body authorizing incorporation; execution, acknowledgment, and
filing of certificate of incorporation generally. Whenever any number of natural persons,
not less than three, each of whom shall be a duly qualified elector of and taxpayer in the
municipality, shall file with the governing body thereof an application in writing seeking
permission to apply for the incorporation of an industrial development board of such municipality,
the governing body shall proceed to consider such application. If the governing body shall
by appropriate resolution duly adopted find and determine that it is wise, expedient, necessary,
or advisable that the industrial development board be formed and shall authorize the persons
making such application to proceed to form such board and shall approve the form of certificate
of incorporation proposed to be used in organizing the board,...
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