§ 8-1-2.8-18 — Articles of incorporation

Indiana § 8-1-2.8-18

• Jurisdiction: Indiana
• Art. 1: UTILITIES GENERALLY
• Ch. 2.8: Dual Party Relay Services for Persons Who Are Deaf,

Text

The articles of incorporation of the InTRAC
must provide the following:
(1) The name of the corporation shall be "Indiana Telephone
Relay Access Corporation for the Hearing and Speech Impaired".
(2) The sole purpose for which the InTRAC shall be organized
and operated is to provide at the lowest cost reasonably possible:
(A) on behalf of LECs and the citizens of Indiana; and
(B) in conjunction with LECs;
adequate and dependable dual party relay services that may
include in appropriate circumstances in the sole discretion of the
InTRAC telecommunications devices to deaf, hard of hearing, and
speech impaired persons within the territorial area in Indiana that
LECs serve in a manner that meets or exceeds the requirements
of regulations prescribed by the FCC.
(3) The InTRAC must have authority to perform any lawful act
that is necessary, convenient, or expedient to accomplish the
purpose for which the InTRAC is formed.
(4) No part of the net earnings of the InTRAC may inure to the
benefit of any member, director, or officer of the InTRAC, nor
shall any member of the InTRAC receive any earnings from the
corporation except as follows:
(A) A member may be an independent contractor, a supplier, a
vendor, or an authorized agent of the InTRAC and may receive
fair and reasonable compensation for the member's provision of
goods or services.
(B) An officer may receive reasonable compensation for
services that the officer performs in the officer's capacity as an
officer of the InTRAC.
(C) A director may be reimbursed for expenses incurred by the
director in the performance of the director's duties.
(5) The InTRAC may not:
(A) make an advancement for services to be performed in the
future; or
(B) make a loan of money or property to any director or officer
of the corporation.
(6) No member, director, or officer of the InTRAC or any private
individual may share in the distribution of any of the assets of the
InTRAC upon its dissolution.
(7) If there is a dissolution of the InTRAC, any of the assets of the
InTRAC available for distribution shall be distributed to a charity:
(A) selected by the board of directors of the InTRAC; and
(B) having a purpose that includes providing services to
persons who are deaf, hard of hearing, and speech impaired.
(8) The InTRAC shall have one (1) class of members consisting
of those communications service providers that are designated as
authorized LECs by the commission.
(9) Each member of the InTRAC shall serve as a member for as
long as the commission finds that the member is a LEC. A
member's:
(A) right to vote at meetings of the members of the InTRAC;
and
(B) right, title, and interest in or to the corporation;
cease on the termination of a member's membership.
(10) Each member present in person or by proxy at a meeting of
the members of the InTRAC may cast one (1) vote upon each
question voted upon at:
(A) all meetings of the members; and
(B) in any election of a director of the InTRAC.
(11) The board of directors of the InTRAC consists of seven (7)
directors selected as follows:
(A) Six (6) directors elected by the members of the InTRAC.
(B) The director of the state office of deaf and hearing impaired
services.
(12) The business, property, and affairs of the InTRAC are
managed and controlled by the board of directors of the InTRAC.

Legislative History

As added by P.L.75-1991, SEC.1. Amended by P.L.80-1996, SEC.5; P.L.27-2006, SEC.31; P.L.109-2012, SEC.10.