Sec. 23. (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.

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Terms Used In Indiana Code 8-1-17-23

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • commission: refers to the Indiana utility regulatory commission. See Indiana Code 8-1-1-1
  • Cooperative corporation: means a corporation formed under this chapter. See Indiana Code 8-1-17-3
  • 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.
  • Facilities based local exchange carrier: has the meaning set forth in Indiana Code 8-1-17-3
  • Local cooperative corporation: means a cooperative corporation formed to render communications services within Indiana. See Indiana Code 8-1-17-3
  • Local exchange service: has the meaning set forth in Indiana Code 8-1-17-3
  • Verified: when applied to pleadings, means supported by oath or affirmation in writing. See Indiana Code 1-1-4-5
(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.

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