§414D-3 - Filing requirements.

§414D-3 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 to filing by
the department director.

(b) This chapter
must require or permit filing of the document with the department director.

(d) The document
must be typewritten or printed.

(e) The document
must be in the English language. However, a corporate name need not be in
English if written in English letters or Arabic or Roman numerals, and the
certificate of good standing required of foreign corporations need not be in
English if accompanied by an English translation under oath of the translator.

(f) The
document must be certified and executed:

(1) By the presiding officer of the board of
directors of a 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 a document shall sign it and state beneath or opposite the signature
the person's name and the capacity in which the person 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 acknowledgment, verification, or proof.

(h) If the
department director has prescribed a mandatory form for a document under
section 414D-4, the document must be in or on the prescribed form.

(i) The document shall be delivered to the
office of the department director for filing and shall be accompanied by the
correct filing fee and any penalty payment required under this chapter. [L
2001, c 105, pt of §1; am L 2003, c 124, §19]