§414D-3  Filing requirements.  (a)  Adocument must satisfy the requirements of this section, and of any othersection that adds to or varies these requirements, to be entitled to filing bythe department director.

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

(c)  The documentmust contain the information required by this chapter.  It may contain otherinformation as well.

(d)  The documentmust be typewritten or printed.

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

(f)  Thedocument must be certified and executed:

(1)  By the presiding officer of the board ofdirectors of a domestic or foreign corporation, by its president, or by anotherof its officers;

(2)  If directors have not been selected or thecorporation 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 personexecuting a document shall sign it and state beneath or opposite the signaturethe person's name and the capacity in which the person signs.  The document maybut need not contain:

(1)  The corporate seal;

(2)  An attestation by the secretary or an assistantsecretary; or

(3)  An acknowledgment, verification, or proof.

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

(i)  The document shall be delivered to theoffice of the department director for filing and shall be accompanied by thecorrect filing fee and any penalty payment required under this chapter. [L2001, c 105, pt of §1; am L 2003, c 124, §19]