Iowa Code 501A.201 – General filing requirements
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1. A document must satisfy the requirements of this section, and of any other section that adds to or varies these requirements, to be entitled to filing.
Terms Used In Iowa Code 501A.201
- Articles: means the articles of organization of a cooperative as originally filed or subsequently amended as provided in this chapter. See Iowa Code 501A.102
- Cooperative: means a business association organized under this chapter. See Iowa Code 501A.102
- Fiduciary: A trustee, executor, or administrator.
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- Member: means a person or entity reflected on the books of a cooperative as the owner of governance rights of a membership interest of the cooperative and includes patron and nonpatron members. See Iowa Code 501A.102
- Patron: means a person or entity who conducts patronage with the cooperative, regardless of whether the person is a member. See Iowa Code 501A.102
- person: means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
- Secretary: means the secretary of state. See Iowa Code 501A.102
- Signature: includes an electronic signature as defined in section 554D. See Iowa Code 4.1
- state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the said district and territories. See Iowa Code 4.1
- Trustee: A person or institution holding and administering property in trust.
2. The document must be one that this chapter requires or permits to be filed with the secretary.
3. The document must contain the information required by this chapter. The document may contain other information as well.
4. The document must be typewritten or printed. The typewritten or printed portion shall be in black ink. Manually signed photocopies, or other reproduced copies, including facsimiles and other electronically or computer-generated copies of typewritten or printed documents may be filed.
5. The document must be in the English language. A cooperative‘s name need not be in English if written in English letters or Arabic or Roman numerals. The articles, duly authenticated by the official having custody of the applicable records in the state or country under whose law the cooperative is formed, which are required of cooperatives, need not be in English if accompanied by a reasonably authenticated English translation.
6. The document must be executed by one of the following persons:
a. An officer of the cooperative, or if no officer has been selected, by any patron member of the cooperative.
b. If the cooperative has not been organized, by the organizers of the cooperative as provided in subchapter V.
c. If the cooperative is in the hands of a receiver, trustee, or other court-appointed fiduciary, that fiduciary.
7. The person executing the document shall sign the document and state beneath or opposite the person’s signature, the person’s name, and the capacity in which the person signs.
8. If, pursuant to any provision of this chapter, the secretary has prescribed a mandatory form for the document, the document shall be in or on the prescribed form.
9. The document must be delivered to the secretary for filing and must be accompanied by the correct filing fee as provided in this subchapter.