§ 11-54-174 — Procedure to Incorporate; Contents and Execution of Certificate of Incorporation; Filing

Alabama § 11-54-174

• Jurisdiction: Alabama
• Title 11: Counties and Municipal Corporations
• Ch. 54: Promotion of Industry, Trade, Commerce and Pollution Control
• Art. 6: Commercial Development Authorities

Text

Within 40 days following the adoption of an authorizing resolution the applicants shall proceed to incorporate an authority by filing for record in the office of the judge of probate of the county or one of the counties in which the authorizing municipality 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.
The certificate of incorporation of the authority shall state:
(1) The names of the persons forming the authority.
(2) The name of the authority (which shall be “The Commercial Development Authority of the City of _____,” with the insertion of the name of the authorizing municipality, unless the Secretary of State shall determine that such name is identical to the name of any other corporation organized under the laws of the state or so nearly similar thereto as to lead to confusion and uncertainty, in which case the incorporators may insert additional identifying words so as to eliminate the duplication or similarity).
(3) The period for the duration of the authority (if the duration is to be perpetual, subject to the provisions of Section 11-54-189, that fact shall be stated).
(4) The name of the authorizing municipality together with the date on which the governing body thereof adopted the authorizing resolution.
(5) The location of the principal office of the authority, which shall be within the corporate limits of the authorizing municipality.
(6) That the authority is organized pursuant to the provisions of this article.
(7) Any other matters relating to the authority that the incorporators may choose to insert and that are not inconsistent with this article or with the laws of the state.
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 to deeds. When the certificate of incorporation is filed for record, there shall be attached to it (i) a copy of the application as filed with the governing body of the authorizing municipality in accordance with the provisions of Section 11-54-173, (ii) a certified copy of the authorizing resolution adopted by the governing body of the authorizing municipality, and (iii) 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 thereto as to lead to confusion and uncertainty. Upon the filing for record of the certificate of incorporation and the documents required by the preceding sentence to be attached thereto, the authority shall come into existence and shall constitute a public corporation under the name set forth in the certificate of incorporation. The judge of probate shall thereupon send a notice to the Secretary of State that the certificate of incorporation of the authority has been filed for record.

Legislative History

(Acts 1980, No. 80-648, p. 1235, §5; Act 2012-538, p. 1599, §1.)