10A-2A-2.02
Section 10A-2A-2.02 Certificate of incorporation. Notwithstanding Section 10A-1-3.05: (a) The
certificate of incorporation must set forth: (1) a corporate name for the corporation that
satisfies the requirements of Article 5 of Chapter 1; (2) the number of shares of stock the
corporation is authorized to issue; (3) the street and mailing addresses of the corporation's
initial registered office, the county within this state in which the street and mailing address
is located, and the name of the corporation's initial registered agent at that office as required
by Article 5 of Chapter 1; and (4) the name and address of each incorporator. (b) The certificate
of incorporation may set forth: (1) the names and addresses of the individuals who are to
serve as the initial directors; (2) provisions not inconsistent with law regarding: (i) the
purpose or purposes for which the corporation is organized; (ii) managing the business and
regulating the affairs of the corporation; (iii) defining,...
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11-15-5
Section 11-15-5 Certificate of incorporation - Recordation. The certificate of incorporation
with the documents attached shall be filed with the judge of probate of the county who shall
forthwith receive and record the same. When so filed the corporation referred to therein shall
come into existence and shall constitute a body corporate and politic and a political subdivision
of the state under the name set forth in the certificate of incorporation; whereupon the corporation
shall be vested with the rights and powers granted by this chapter. (Acts 1951, No. 682, p.
1172, §5.)...
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11-56-5
Section 11-56-5 Certificate of incorporation - Execution, acknowledgment, filing, and recordation.
The certificate of incorporation shall be signed and acknowledged by the incorporators before
an officer authorized by the laws of the state to take acknowledgments of deeds and shall
have attached thereto a certified copy of the resolution provided for in Section 11-56-4 and
a certificate by the Secretary of State that the name proposed for the corporation is not
identical with that of any other corporation in the state or so nearly similar thereto as
to lead to confusion and uncertainty. The certificate of incorporation, together with the
documents required by the preceding sentence to be attached thereto, shall be filed in the
office of the judge of probate of any county in which any portion of the municipality is located,
who shall forthwith receive and record the same. When such certificate of incorporation and
attached documents have been so filed, the corporation referred to...
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11-57-5
Section 11-57-5 Certificate of incorporation - Filing and recordation. The certificate of incorporation,
having attached thereto a certified copy of the resolution provided for in Section 11-57-3
and a certificate by the Secretary of State that the name proposed for the authority is not
identical with that of any other corporation in the state or so nearly similar thereto as
to lead to confusion and uncertainty, shall be filed in the office of the judge of probate
of any county in which any portion of the municipality is located, who shall forthwith receive
and record the same. When such certificate of incorporation and attached documents have been
so filed, the authority referred to therein shall come into existence and shall constitute
a public corporation and a political subdivision of the state under the name set forth in
such certificate of incorporation, whereupon the authority shall be vested with the rights
and powers granted in this chapter. (Acts 1961, No. 895, p. 1407, §5;...
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11-61A-5
Section 11-61A-5 Attachments to certificate. (a) The certificate of incorporation of the authority
shall be signed and acknowledged by the incorporators before an officer authorized by the
laws of the state to take acknowledgments to deeds. (b) The certificate shall have each of
the following attached: (1) A certified copy of the resolution required in Section 11-61A-3.
(2) A certificate by the Secretary of State that the name proposed for the authority is not
identical to that of any other corporation organized under the laws of the state or so nearly
similar as to lead to confusion and uncertainty. (c) The incorporators shall file the certificate
of incorporation of the authority, together with the attachments in the office of the judge
of probate of the county in which the principal office of the authority is located. The judge
of probate shall immediately receive and record the certificate and attachments. (d) When
the certificate of incorporation and attachments have been filed,...
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11-89A-6
Section 11-89A-6 Board of directors of authority; election; terms of office; vacancies; qualifications;
expenses; meetings; notice and waiver; resolutions; impeachment. (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; provided, however, that in the case of any authority
in existence and incorporated prior to May 11, 1989, the board shall consist of three directors
who shall be elected by the governing body of the determining subdivision for staggered terms
in accordance with the provisions of law as it existed immediately prior to the aforesaid
effective date unless such authority shall otherwise amend its certificate of incorporation
pursuant to the provisions of Section 11-89A-5. 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...
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11-89C-3
Section 11-89C-3 Public corporation - Procedure for incorporation. (a) Three or more natural
persons who are either the mayor of a municipality or the chair of a county governing body
of a county or counties in which a municipality is wholly or partially situated, may file
with their respective governing bodies a written application to incorporate a public corporation
pursuant to this chapter. If each of the governing bodies adopts a resolution declaring that
the formation of a public corporation is wise, expedient, and necessary, and approves the
proposed certificate of incorporation, the incorporators shall proceed to incorporate the
public corporation pursuant to this chapter by executing and filing for record in either the
office of the judge of probate of the participating county having the largest population according
to the last federal decennial census, or, if there is not a participating county, in any county
in which the municipality with the largest population according to...
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11-97-4
Section 11-97-4 Incorporation procedure; contents, execution, and filing of certificate of
incorporation. (a) Within 40 days following the adoption of an authorizing resolution the
applicants shall proceed to incorporate a corporation by filing for record in the office of
the judge of probate of the county or one of the counties in which the determining subdivision
is located 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 herein
provided. (b) The certificate of incorporation of the corporation shall state: (1) The names
of the persons forming the corporation, and that each of them is a duly qualified elector
of the determining subdivision; (2) The name of the corporation [which shall be "The
Governmental Utility Services Corporation of ___," with the insertion of the name of
the determining subdivision (which name may include additional wording identifying...
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9-6-17
Section 9-6-17 Provisions of chapter cumulative; provisions of chapter exclusive as to incorporation,
issuance of bonds, etc. This chapter is intended to aid the state in the execution of its
duties by providing appropriate and independent instrumentalities of the state with full and
adequate powers to fulfill their functions. The foregoing sections of this chapter shall be
deemed to provide additional and alternative methods for the doing of the things authorized
thereby and shall be regarded as supplemental and additional to and not in derogation of any
powers conferred upon boards of water and sewer commissioners created by municipalities within
this state or upon any other agencies of the state or the municipalities thereof which are
concerned with the control, abatement or prevention of water, air or general environmental
pollution. Neither this chapter nor any provision contained in this chapter shall be construed
as a restriction or limitation upon any power, right or remedy...
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11-59-8
Section 11-59-8 Powers of corporations generally. The corporation shall have the following
powers together with all powers incidental thereto or necessary for the performance of those
hereinafter stated: (1) To have succession by its corporate name for the period specified
in the certificate of incorporation unless sooner dissolved as provided in this chapter; (2)
To sue and be sued and to prosecute and defend civil actions in any court having jurisdiction
of the subject matter and of the parties; (3) To have and to use a corporate seal and to alter
the same at pleasure; (4) To acquire, whether by condemnation, purchase, exchange, gift, lease,
devise or otherwise, and to construct, enlarge, improve, maintain, equip, and furnish one
or more facilities, including all real and personal properties which the board of directors
of the corporation may deem necessary or convenient in connection therewith and regardless
of whether or not any such facilities shall then be in existence and...
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