Sec. 4. (a) The articles of incorporation shall be entitled and endorsed either “Articles of Incorporation of _______ Rural Electric Membership Corporation” or Articles of Incorporation of _____________ Rural Electric Cooperative, Inc.” (the blank space being filled in with the distinguishing part of the name of the corporation) and shall state the following:

(1) The name of the corporation, which name shall be such as to distinguish it from any other corporation.

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Terms Used In Indiana Code 8-1-13-4

  • commission: refers to the Indiana utility regulatory commission. See Indiana Code 8-1-1-1
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Population: has the meaning set forth in Indiana Code 1-1-4-5
  • Year: means a calendar year, unless otherwise expressed. See Indiana Code 1-1-4-5
(2) A reasonable description of the territory in which its operations are to be conducted, and which shall not include any incorporated city or town having a population in excess of fifteen hundred (1500) inhabitants at the time such articles are first approved by the commission, or any territory, whether within or without any incorporated city or town, already being served with energy by any public or municipally owned utility.

(3) The location of its principal offices and the post office address thereof.

(4) The maximum number of directors, not less than three (3).

(5) The names and post office addresses of the directors, not less than three (3), who are to manage the affairs of the corporation for the first year of its existence, or until their successors are chosen.

(6) The period, if any, limited for the duration of the corporation. If the duration of the corporation is to be perpetual, this fact should be stated.

(7) The terms and conditions upon which members of the corporation shall be admitted.

     (b) The articles of incorporation of a corporation may also contain any provision not contrary to law which the incorporators may choose to insert for the regulation of its business and for the conduct of the affairs of the corporation; and any provisions creating, defining, limiting, or regulating the powers of the corporation, its directors and members.

Formerly: Acts 1935, c.175, s.4; Acts 1937, c.258, s.3; Acts 1939, c.105, s.2; Acts 1953, c.48, s.1. As amended by P.L.23-1988, SEC.46.