§ 23-13-6-3 — Existing corporations; procedure for accepting provisions of chapter; exception

All corporations created before April 9, 1907,
and existing on April 9, 1907, desiring to accept the provisions of this
chapter, may do so in the manner following, that is to say: The board
of trustees, or the joint board of trustees and visitors, or other governing
body of such institution, shall adopt a resolution specifying the number
of trustees, or other officers, who shall constitute the governing body
thereof, the manner of their election, their powers, and the system
adopted for administering the respective funds of such institutions.
After such resolution shall have been adopted by said governing body,
the same shall be submitted to each conference, synod, presbytery, or
other church or ecclesiastical body and society of alumni, if any,
theretofore authorized to elect any or all of the members of such
governing body. Each such conference, synod, presbytery, or other
church or ecclesiastical body and society of alumni, shall, by formal
resolution, either confirm or reject such resolution, and shall transmit
such action, certified to by the presiding officer and secretary thereof,
to the president of such board of trustees or other governing body. In
the event each and all of said conferences, synods, presbyteries, or
other church or ecclesiastical body and society of alumni theretofore
entitled to elect any of the members of such board of trustees or other
governing body of such institution shall have adopted such resolution
confirming the original action of such board of trustees or such joint
board of trustees and visitors, or other governing body of the
institution, the president thereof shall transmit to the secretary of state
for the state of Indiana, a copy of the original resolutions of such board
of trustees or joint board of trustees and visitors of said institution, and
also a copy of the resolution adopted by each of said conferences,
synods, presbyteries, or other church or ecclesiastical body and society
of alumni confirming such action, if any, duly certified under his hand
as such president and duly attested by the signature of the secretary of
such governing body and the corporate seal of such institution attached
thereto, which certificate shall also certify that no church or
ecclesiastical body or society of the alumni other than those shown to
have confirmed such resolution of the board of trustees or other
governing body were heretofore entitled or accustomed to elect any
members of such governing board. Upon the filing of such resolution
with the secretary of state for the state of Indiana, it shall be taken and
deemed as an amendment to and part and parcel of the charter of such
institution. But said charter shall not be taken or deemed as altered or
amended in any other respect than as specified in such resolution.
Thereupon said secretary of state for the state of Indiana shall issue his
certificate under the great seal of the state of Indiana, certifying that a
copy of such resolution has been lodged in his office, and that the same
constitutes such amendment to the charter of such institution. Provided,
nothing in this chapter shall be construed as applying to any
educational institution in this state receiving state aid.
Formerly: Acts 1907, c.79, s.3. As amended by P.L.34-1987,
SEC.352.