§ 11-95-4 — Certificate of Incorporation - Contents; Execution, Acknowledgment, Attachments, Recordation by Probate Judge

(a) Within 80 days following the adoption of the first adopted of the two authorizing resolutions required by the provisions of Section 11-95-3 and within 40 days following the adoption of the last adopted of the said two authorizing resolutions, the applicants may proceed to incorporate a corporation by filing for record in the office of the judge of probate of the authorizing county 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 authorizing county;
(2) The name of the corporation (which shall be _____ county-city (town) of _____ joint hospital board, with the insertion of the names of the authorizing county and 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 said duplication or similarity);
(3) The period for the duration of the corporation (if the duration is to be perpetual, subject to the provisions of Section 11-95-19, that fact shall be stated);
(4) The name of the authorizing county together with the date on which the governing body thereof adopted an authorizing resolution;
(5) The name of the authorizing municipality together with the date on which the governing body thereof adopted an authorizing resolution;
(6) The location of the principal office of the corporation, which shall be within the authorizing county;
(7) That the corporation is organized pursuant to the provisions of this chapter; and
(8) Any other matters relating to the corporation that the incorporators may choose to insert and that are not inconsistent with this chapter or with the laws of the state.
(c) 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.
(d) When the certificate of incorporation is filed for record, there shall be attached to it:
(1) A copy of the application as filed with the governing bodies of the authorizing subdivisions in accordance with the provisions of Section 11-95-3;
(2) A certified copy of each of the authorizing resolutions adopted by the governing bodies of the authorizing subdivisions; and
(3) A certificate by the Secretary of State that the name proposed for the corporation 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.
(e) Upon the filing for record of the said certificate of incorporation and the documents required by subsection (d) of this section to be attached thereto, the corporation shall come into existence and shall constitute a public corporation under the name set forth in said certificate of incorporation. The judge of probate shall thereupon record said certificate of incorporation in an appropriate book in his office and send a notice to the Secretary of State that said certificate of incorporation of the corporation has been filed for record.

Legislative History

(Acts 1981, No. 81-338, p. 480, §4.)