§ 8-1-13-26 — Foreign corporation; admittance to do business within state; finding of convenience and necessity

Indiana § 8-1-13-26

• Jurisdiction: Indiana
• Art. 1: UTILITIES GENERALLY
• Ch. 13: Rural Electric Membership Corporation Act

Text

Any foreign corporation organized as a
nonprofit corporation for the purpose of making electric energy
available to the inhabitants of rural areas may be admitted to do
business within this state and shall have the same powers, restrictions,
and liabilities as a corporation organized under this chapter. Whenever
such foreign corporation desires to be admitted to operate in this state,
it shall file with the commission a petition in as many original
counterparts as there are counties in Indiana, in which it requests
permission to make electric energy available, plus five (5). Said
petition shall describe the territory in Indiana in which its operations
are to be conducted and pray the said commission to grant to it a
certificate of public convenience and necessity for such operations. To
each such original petition, there shall be attached a copy of the articles
of incorporation of said corporation, with all amendments to the articles
of incorporation, duly authenticated by the proper officer of the state in
which the corporation is incorporated. Said petition shall be acted upon
by the commission in accordance with the provisions of section 18 of
this chapter. The commission shall enter a finding that the convenience
and necessity of the public proposed to be served in the Indiana
territory in which the operations of the corporation are proposed to be
conducted either will or will not be served by such operations. If said
finding be in the negative, said commission shall enter an order
denying the petition. If such finding be in the affirmative, said
commission shall enter an order granting a certificate of public
convenience and necessity for the proposed operations of said
corporation in Indiana and shall attach a copy of said order, duly
certified by the secretary of said commission, to each of the originals
of said petition filed under this section, except for two (2) copies, and
deliver the same to the petitioner. The corporation shall then present to
the secretary of state all such sets of authenticated copy of articles,
original petition, and order of the commission, together with such
application for admission to do business in this state, if any, as the
secretary of state may require and tender to the said secretary of state
six dollars and fifty cents ($6.50) to cover the secretary of state's fees
for filing, certificate, and seal. If the secretary of state shall approve the
same, the secretary of state shall endorse the secretary of state's
approval upon each of the aforesaid sets of documents, file one (1) set
in the secretary of state's office, return the remaining ones to the
corporation, and issue to the corporation a certificate of admission to
do business in this state. Thereupon, and before the corporation shall
do any business in Indiana, it shall file in the office of the recorder of
each county in Indiana in which it is to make electric energy available,
one (1) of said sets of documents bearing the approval of the secretary
of state endorsed on the set of documents.
Formerly: Acts 1935, c.175, s.26; Acts 1939, c.106, s.2. As
amended by P.L.59-1984, SEC.70; P.L.23-1988, SEC.54;
P.L.136-2018, SEC.71.