§ 8-1-17-23 — Articles of incorporation; amendment; change in territory served; commission review; notice to facilities based local exchange carriers; issuance of new or amended certificate of territorial authority; request for additional information; filing of amended articles

Indiana § 8-1-17-23

• Jurisdiction: Indiana
• Art. 1: UTILITIES GENERALLY
• Ch. 17: Telephones─Rural Telephone Cooperative Act

Text

(a) A cooperative corporation may amend its
articles of incorporation to change its corporate name, to increase or
reduce the number of its directors, or to change any other provisions set
forth in the articles. However, any change of location of the principal
office shall be effected in the manner set forth in section 24 of this
chapter. An amendment under this section may be accomplished by
filing articles of amendment, along with any notice of change required
under IC 8-1-32.5-12, with the commission. The articles of amendment
shall be entitled and endorsed "Articles of Amendment of
______________" (the blank space being filled in with the name of the
cooperative corporation) and must include the following:
(1) The name of the cooperative corporation, and if it has been
changed, the name under which it was originally incorporated.
(2) The date of filing the articles of incorporation in each public
office where filed.
(3) Whether the statement of counties within which the
corporation's operations are to be conducted is to be changed, and
if so a new statement of the counties in which the corporation will
operate.
(4) An affidavit, signed by the officer executing the articles of
amendment, stating that the provisions of this section were
complied with.
(b) The amended articles shall be subscribed in the name of the
cooperative corporation by the appropriate officers of the cooperative
corporation, who shall make and annex an affidavit stating that they
have been authorized to execute and file the amended articles by a
resolution duly adopted at a meeting of the cooperative corporation
duly called and held as provided in section 9 of this chapter. If by any
amendment to the articles of incorporation, the territory proposed to be
served by the cooperative corporation is to be increased or decreased,
the appropriate officers of the cooperative corporation shall submit to
the commission:
(1) an application for a new certificate of territorial authority
under IC 8-1-32.5-6; or
(2) a notice of change under IC 8-1-32.5-12(7), as allowed by the
commission.
(c) Upon receipt of an application or a notice of change under
subsection (b), the commission shall conduct the review required under
IC 8-1-32.5-8. If the applicant is a local cooperative corporation and
will provide local exchange service under the new certificate of
territorial authority, the commission shall give written notice of the
proposed change in the corporation's territory to each facilities based
local exchange carrier operating in contiguous territory in the manner
provided in section 5 of this chapter. If the commission, after
conducting the review required by IC 8-1-32.5-8 and any hearing
allowed under IC 8-1-32.5-9, determines that the amended articles and
the application or notice of change under IC 8-1-32.5 are accurate,
complete, and properly verified, the commission shall:
(1) issue a new or amended certificate under IC 8-1-32.5 that
reflects the increase or decrease in the territory served by the
corporation; and
(2) enter an order approving the amended articles of the
cooperative corporation.
(d) If the commission, after conducting the review required by IC 8-1-32.5-8 and any hearing allowed under IC 8-1-32.5-9, determines
that the amended articles or an application or notice of change under
IC 8-1-32.5 is inaccurate, incomplete, or not properly verified, the
commission shall:
(1) request the corporation to provide additional information; or
(2) notify the corporation of the corporation's right to:
(A) appeal the commission's determination under IC 8-1-3; or
(B) file the amended articles or an application or notice of
change under IC 8-1-32.5 at a later date, without prejudice;
under IC 8-1-32.5-8.
(e) An amendment increasing or decreasing the territory to be
served by a cooperative corporation shall not be filed in the office of
the secretary of state or of any county recorder unless there is attached
to the amendment a certified copy of an order of the commission under
subsection (c)(2). The amended articles shall be filed in the same
places as the original articles of incorporation and upon filing the
amendment shall be considered to have been effected.
Formerly: Acts 1951, c.193, s.24. As amended by P.L.59-1984,
SEC.83; P.L.145-1999, SEC.4 and P.L.198-1999, SEC.6; P.L.27-2006,
SEC.49; P.L.81-2020, SEC.13.