Turtle Mountain Band of Chippewa Indians of North Dacota - Tribal Law

Disclaimer: Although every effort is made to present current and accurate information, if you need an official version of the tribe’s laws, please contact the tribe.

To contact the Turtle Mountain Band of Chippewa Indians, visit the tribe's website. The tribe also publishes their laws through the law library on their website.

Turtle Mountain Band of Chippewa Indians Tribal Code

29.02.040 Article of Incorporation

(a) The articles of incorporation for all corporations formed pursuant to this TItle shall set forth the following:

(1) The name of the Corporation.

(2) The period of existence, which may be perpetual.

(3) The purpose for which the corporation is organized, which may include the transaction of any or lawful business for which corporations may be incorporated under this Title.

(4) Any provision not inconsistent with law which the incorporators elect to set forth in the Article of Incorporation for the regulation of the internal affairs of the Corporation, including any provision restricting the transfer of shares and any provision which under this Title is required or permitted to be set forth in the bylaws.

(5) The address of its initial registered office and the name of its initial registered agent at such address.

(6) The number of directors constituting the initial board of directors and the names and addresses of the persons who are to serve as directors.

(7) The name and address of each incorporator.

(8) If a corporation is authorized pursuant to its Articles of Incorporation to create and issue shares of stock, the articles of incorporation shall also set forth the following:

(A) The number of shares which the corporation shall have authority to issue and a description of their classes if any and par value if any.

(B) If the shares are to be divided into classes, the designation of each class and a statement of the preferences, limitations, and relative rights in respect of the shares of each class.

(C) If the corporation is to issue the shares of any preferred or special class in series, then the designation of each series and a statement of the variations in the relative rights and preferences between series and a statement of the authority of the board of directors to designate such rights and preferences over time.

(D) If any preemptive right is to be granted to shareholders, the provisions therefore.

(b) It shall not be necessary to set forth in the Articles of Incorporation any of the corporate powers enumerated in this Title. Whenever a provision of the Articles of Incorporation is inconsistent with the bylaws, the Articles shall be controlling and year of the filing thereof.

(c) If a corporation is to be owned and operated in whole or in part by the Tribe, the Tribe must approve the article of incorporation according to its own procedures.

(d) Filing of Articles of Incorporation.

(1) Duplicate originals of the articles of incorporation shall be delivered to the Secretary/Treasurer. If the Secretary/Treasurer finds that the Articles of Incorporation conform to tribal law, the Secretary/Treasurer shall:

(A) Endorse on each duplicate originals the word "filed" and the month, day, and year of the filing thereof.

(B) Register and maintain one duplicate original in the Tribal Records Office.

(C) Issue a Certificate of Incorporation to which the Secretary/Treasurer shall affix the other duplicate original and return to the incorporators.

(e) Effect of Issuance of Certificate of Incorporation. Unless a delayed effective date is specified, the corporate existence begins when the Certificate of Incorporation is registered.

Original url: https://law.tmchippewa.com/us/nsn/tmchippewa/council/code/29.02.040

Powered by the non-profit Open Law Library.