Acknowledgment, filing and recordation of certificate of incorporation; amendment of certificate of corporation formed under this article or under Division 1 of Article 8 of this chapter.
(a) The certificate of incorporation of any corporation organized under this article shall state:
The certificate of incorporation may also contain any provisions not contrary to law which the incorporators may choose to insert for the regulation and conduct of the affairs of the corporation. The certificate of incorporation shall be acknowledged before an officer authorized by the laws of this state to take acknowledgment of deeds. When so acknowledged, the certificate shall be filed in the office of the judge of probate of the county or one of the counties in which such municipality is located, and the said judge of probate shall forthwith file such certificate and record the same, and thereupon the applicants shall constitute a corporation under the name stated in the certificate of incorporation.
- (1) The name of the corporation, which shall be a name indicating the system or systems for the operation of which the corporation is organized (e.g., "the waterworks and electric board of the City (or Town) of _____," or "the utilities board of the City (or Town) of _____");
- (2) The location of its principal office and the post office address thereof;
- (3) The period for the duration of the corporation (if the duration is to be perpetual, this fact should be stated); and
- (4) The objects for which the corporation is organized.
(b) Any corporation at any time existing under this article or under Sections 11-50-230 through 11-50-241, as amended, may at any time amend its certificate of incorporation under the provisions of this article so as to include in the said certificate of incorporation any provision that may lawfully be included in an original certificate of incorporation filed under this article. Any such amendment may be effected in the following manner: The board of directors of the corporation shall adopt a resolution setting forth the proposed amendment, which shall include any proposed change in the name of such corporation. If the governing body of the municipality which authorized the incorporation of the corporation shall by resolution of its governing body consent to such proposed amendment, the chairman of the board of directors, or other chief executive officer of the corporation, and the secretary of the corporation shall then file in the office of the judge of probate of the county in which the certificate of incorporation of the corporation is filed, a certificate in the name of and in behalf of the corporation, under its seal, reciting the adoption of the said respective resolutions by the board of directors and by the said governing body and setting forth the said proposed amendment. The proposed amendment shall become effective upon the filing of such certificate in the said office.
(Acts 1951, No. 175, p. 416, §2; Acts 1967, No. 754, p. 1607.)