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16-17A-3
Section 16-17A-3 Incorporation of authority. (a) In order to incorporate an authority, the
sponsoring university shall adopt a resolution containing at least the following provisions:
(1) A finding that it is necessary, desirable, and in the best interests of the sponsoring
university that the proposed authority be incorporated. (2) Approval of the form of articles
of incorporation, which shall comply with the provisions of Section 16-17A-4. (3) Authorization
to proceed to form the proposed authority by executing the articles of incorporation approved
by the sponsoring university and filing the same with the Secretary of State. (b) A university
may incorporate more than one authority if it determines that each authority promotes the
public health mission of the university. (Act 2016-201, ยง3.)...
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16-17A-5
Section 16-17A-5 Articles of incorporation - Amendments. (a) The articles of incorporation
of any authority may be amended by filing articles of amendment with the Secretary of State,
but only with the approval of both the board of the authority and the sponsoring university,
in the manner provided in this section. (b) In order to amend the articles of incorporation,
the following steps shall be completed: (1) The board of the authority shall first adopt a
resolution proposing articles of amendment. (2) After the adoption by the board of a resolution
approving articles of amendment, the authority shall file with the sponsoring university a
written request for adoption of a resolution approving the proposed amendment. (3) As promptly
as may be practicable after the receipt of the request from the authority, the sponsoring
university shall review the application and shall adopt a resolution either approving or denying
the articles of amendment as proposed by the authority. (c) Within 30...
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16-17A-21
Section 16-17A-21 Reincorporation. (a) Any public corporation that meets the criteria specified
in subsection (b) may reincorporate as an authority under this chapter, and become subject
to and governed by this chapter, as provided in this section. (b) A public corporation may
reincorporate under this section if it satisfies both of the following: (1) The public corporation
is a health care authority incorporated or reincorporated under Title 22, Chapter 21, Articles
11 and 11A. (2) The public corporation was incorporated with the approval of a university.
(c) In order to reincorporate a qualifying public corporation as an authority, the following
steps shall be completed: (1) The board of directors of the qualifying public corporation
shall first adopt a resolution proposing articles of reincorporation. (2) After the adoption
by the board of a resolution approving articles of reincorporation, the qualifying public
corporation shall file with the sponsoring university a written request...
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16-17A-4
Section 16-17A-4 Articles of incorporation - Requirements. (a) In addition to any other matters
relating to the authority that the sponsoring university may choose to insert and that are
not inconsistent with state law, the articles of incorporation of an authority shall include
the following provisions: (1) The name of the authority, which shall include the word Authority
and shall include words identifying the sponsoring university. (2) The name of the sponsoring
university and the date on which the governing body of the sponsoring university adopted a
resolution authorizing the organization of the authority. (3) The name and address of the
registered agent of the authority. (4) A statement that the authority is organized pursuant
to the provisions of this chapter. (5) A statement that the authority shall exercise all powers
provided by law, unless the exercise by the authority of any of its powers hereunder is limited
in any way, in which case a statement of such limitations on the...
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27-27-6
Section 27-27-6 Solicitation permit - Approval or denial. (a) The commissioner shall expeditiously
examine the application for a solicitation permit and make such investigation relative thereto
as he deems necessary, subject to subsection (b) of this section, if he finds that: (1) The
application is complete; (2) The documents therewith filed are proper in form; and (3) The
proposed articles of incorporation of any proposed domestic insurer comply with this title
and are not in conflict with the Constitution and laws of the United States or of this state;
He shall give notice to the applicant that he will approve and file the articles of incorporation,
if a proposed corporation, and issue a solicitation permit, stating the terms to be contained
therein, upon the filing of any bond required by Sections 27-27-10 or 27-27-16. (b) If the
commissioner does not so find, or finds that any proposed sale of securities would be, or
tend to be, fraudulent or inequitable as to present or proposed...
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11-94-3
Section 11-94-3 Application for incorporation of authority; approval by local governing bodies
and State Docks Department. Whenever any number of natural persons not less than three shall
file with the governing body of a county and with the governing body of any municipality located,
in whole or in part, in such county, an application in writing for authority to incorporate
a public corporation under the provisions of this chapter and shall attach to such application
a proposed form of certificate of incorporation for such corporation, said governing bodies
shall each proceed to consider such application. If said governing bodies shall each by appropriate
resolution duly adopted, find and determine that each applicant was a duly qualified elector
of and taxpayer in the county in which the application was filed and that it is wise, expedient,
necessary or advisable that the authority be formed, shall authorize the persons making such
application to proceed to form such authority and...
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11-22-3
Section 11-22-3 Application for authority to incorporate; resolution of approval; incorporation
of more than one corporation. Whenever any number of natural persons, not less than three,
shall file with the governing body of any county of this state an application in writing for
authority to incorporate in such county a public corporation under the provisions of this
chapter, and shall set forth in said application a brief description of the project to be
acquired or improved by such corporation, and if it shall be made to appear to such governing
body that each of said persons is a duly qualified elector of and owner of property in said
county and if the governing body of said county shall adopt a resolution which shall be duly
entered upon the minutes of such governing body wherein it shall be found and determined that
there is a public need for the proposed project, that it is wise, expedient, necessary, or
advisable that such a corporation be formed and that the persons filing said...
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16-17A-6
Section 16-17A-6 Board of directors. (a) Each authority shall have a board of directors composed
of the number of directors provided in the articles of incorporation. (b) All powers of an
authority shall be exercised by the board or pursuant to its authorization. (c) Except for
ex-officio directors specified in the articles of incorporation, all directors of an authority
shall be elected or appointed by the sponsoring university. The articles of incorporation
may provide that specified officers or employees of the sponsoring university shall be ex-officio
directors of an authority, so long as a majority of the directors are elected or appointed
by the sponsoring university. (d) The articles of incorporation may provide that a governmental
entity, a public corporation, or a nonprofit organization may nominate one or more directors
of an authority, provided that the number of directors elected or appointed by the sponsoring
university without nomination may never be less than a majority...
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11-92A-4
Section 11-92A-4 Application for incorporation. (a) The written application of the incorporators
shall be filed with the probate judge, which application shall: (1) Contain a statement that
the incorporators propose to incorporate an authority pursuant to the provisions of this chapter;
(2) State the authorized operational area of the proposed authority; (3) State that each of
the incorporators is a resident of a county within the authorized operational area of the
proposed authority; and (4) Request that each governing body of each county within the authorized
operational area of the proposed authority adopt a resolution declaring that it is expedient
that the proposed authority be formed, approving the written application, and authorizing
the incorporators to proceed to form the proposed authority by filing for record articles
in accordance with the provisions of this chapter. (b) Such application shall be accompanied
by the form of articles of incorporation of the proposed...
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4-3-41
Section 4-3-41 Authority and procedure for incorporation; reincorporation of existing airport
authorities. (a) Pursuant to the provisions of this article, airport authorities may be organized
as public corporations with the powers set forth in this article. To organize such a corporation,
not less than three natural persons shall file with the governing body of any county or any
municipality an application in writing for permission to incorporate a public corporation
under the provisions of this article and shall attach to such application a proposed form
of certificate of incorporation for such corporation. If each governing body with which the
application is filed shall adopt a resolution (which need not be published or posted) approving
the form of such certificate of incorporation and authorizing the formation of such a public
corporation, then said applicants shall become the incorporators of and shall proceed to incorporate
the authority as a public corporation in the manner...
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