Section 10-2B-1.20

Filing requirements.

(a) A document must satisfy the requirements of this section and of any other section that adds to or varies these requirements, to be entitled under this chapter to filing by the probate judge or by the Secretary of State, as the case may be.

(b) This chapter must require or permit filing the document in the office of the probate judge or the Office of the Secretary of State, as the case may be.

(c) The document must contain the information required by this chapter. It may contain other information as well.

(d) The document must be typewritten or printed.

(e) The document must be in the English language. A corporate name need not be in English if written in English letters or Arabic or Roman numerals, and the copy of its articles of incorporation and all amendments thereto required of foreign corporations need not be in English if accompanied by a reasonably authenticated English translation.

(f) The document must be executed:

(1) By the chair of the board of directors of the domestic or foreign corporation, by its president, or by another of its officers;

(2) If directors have not been selected or the corporation has not been formed, by an incorporator; or

(3) If the corporation is in the hands of a receiver, trustee, or other court-appointed fiduciary, by that fiduciary.

(g) The person executing the document shall sign it and state beneath or opposite his or her signature in English letters, his or her name, and the capacity in which he or she signs. The document may but need not contain: (1) the corporate seal, (2) an attestation by the secretary or an assistant secretary, or (3) an acknowledgement, verification, or proof.

(h) If the Secretary of State has prescribed a mandatory form for the document under Section 10-2B-1.21, the document must be in or on the prescribed form.

(i) The document must be delivered to the office of the probate judge or the Office of the Secretary of State, as the case may be, for filing and must be accompanied by one exact or conformed copy (except as provided in Sections 10-2B-5.03 and 10-2B-15.09) and such additional exact or conformed copies as may be required by any of the provisions of Section 10-2B-1.25, together with all fees required by this chapter or other law.

(Acts 1994, No. 94-245, p. 343, §1.)