Conversion of wastewater disposal or treatment corporation tononprofit sewer company, requirements for conversion--term "articlesof incorporation" includes articles of conversion.
393.827. Any corporation organized under the laws of this state forthe purpose of, among others, wastewater disposal, or wastewater treatment,may be converted into a nonprofit sewer company and become subject tosections 393.825 to 393.861 and section 393.175 with the same effect as iforiginally organized under sections 393.825 to 393.861 and section 393.175by complying with the following requirements:
(1) The proposition for the conversion of such corporation into anonprofit sewer company and proposed articles of conversion to give effectthereto shall be first approved by the board of trustees or the board ofdirectors, as the case may be, of such corporation. The proposed articlesof conversion shall recite in the caption that they are executed pursuantto sections 393.825 to 393.861 and section 393.175 and shall state:
(a) The name of the corporation prior to its conversion into anonprofit sewer company;
(b) The address of the principal office of such corporation;
(c) The date of the filing of the articles of incorporation of suchcorporation in the office of the secretary of state;
(d) The statute or statutes under which such corporation wasorganized;
(e) The name assumed by such corporation;
(f) A statement that such corporation elects to become a nonprofit,membership corporation subject to sections 393.825 to 393.861 and section393.175;
(g) The manner and basis of converting either memberships in orshares of stock of such corporation into memberships therein aftercompletion of the conversion; and
(h) Any provisions not inconsistent with sections 393.825 to 393.861and section 393.175 deemed necessary or advisable for the conduct of thebusiness and affairs of such corporation.
(2) The proposition for the conversion of such corporation into anonprofit sewer company and the proposed articles of conversion approved bythe board of trustees or board of directors, as the case may be, of suchcorporation shall then be submitted to a vote of the members orstockholders, as the case may be, of such corporation at any duly heldannual or special meeting thereof, the notice of which shall set forth fullparticulars concerning the proposed conversion. The proposition for theconversion of such corporation into a nonprofit sewer company and theproposed articles of conversion, with such amendments thereto as themembers or stockholders of such corporation shall choose to make, shall bedeemed to be approved upon the affirmative vote of not less than a majorityof the members of such corporation, or, if such corporation is a stockcorporation, upon the affirmative vote of the holders of not less than amajority of the capital stock of such corporation.
(3) Upon such approval by the members or stockholders of suchcorporation, articles of conversion in the form approved by such members orstockholders shall be executed and acknowledged in duplicate on behalf ofsuch corporation by its president or vice president and its corporate sealshall be affixed thereto and attested by its secretary. The president orvice president executing such articles of conversion on behalf of suchcorporation shall also make and annex to each copy thereof an affidavitstating that the provisions of sections 393.825 to 393.861 and section393.175 with respect to the approval of its trustees or directors and itsmembers or stockholders, of the proposition for the conversion of suchcorporation into a nonprofit sewer company and such articles of conversionwere duly complied with. Such articles of conversion and affidavit shallbe submitted to the secretary of state for filing as provided in sections393.825 to 393.861 and section 393.175. The term "articles ofincorporation" as used in sections 393.825 to 393.861 and section 393.175shall be deemed to include the articles of conversion of a convertedcorporation.
Conversion of wastewater disposal or treatment corporation tononprofit sewer company, requirements for conversion--term "articlesof incorporation" includes articles of conversion.
393.827. Any corporation organized under the laws of this state forthe purpose of, among others, wastewater disposal, or wastewater treatment,may be converted into a nonprofit sewer company and become subject tosections 393.825 to 393.861 and section 393.175 with the same effect as iforiginally organized under sections 393.825 to 393.861 and section 393.175by complying with the following requirements:
(1) The proposition for the conversion of such corporation into anonprofit sewer company and proposed articles of conversion to give effectthereto shall be first approved by the board of trustees or the board ofdirectors, as the case may be, of such corporation. The proposed articlesof conversion shall recite in the caption that they are executed pursuantto sections 393.825 to 393.861 and section 393.175 and shall state:
(a) The name of the corporation prior to its conversion into anonprofit sewer company;
(b) The address of the principal office of such corporation;
(c) The date of the filing of the articles of incorporation of suchcorporation in the office of the secretary of state;
(d) The statute or statutes under which such corporation wasorganized;
(e) The name assumed by such corporation;
(f) A statement that such corporation elects to become a nonprofit,membership corporation subject to sections 393.825 to 393.861 and section393.175;
(g) The manner and basis of converting either memberships in orshares of stock of such corporation into memberships therein aftercompletion of the conversion; and
(h) Any provisions not inconsistent with sections 393.825 to 393.861and section 393.175 deemed necessary or advisable for the conduct of thebusiness and affairs of such corporation.
(2) The proposition for the conversion of such corporation into anonprofit sewer company and the proposed articles of conversion approved bythe board of trustees or board of directors, as the case may be, of suchcorporation shall then be submitted to a vote of the members orstockholders, as the case may be, of such corporation at any duly heldannual or special meeting thereof, the notice of which shall set forth fullparticulars concerning the proposed conversion. The proposition for theconversion of such corporation into a nonprofit sewer company and theproposed articles of conversion, with such amendments thereto as themembers or stockholders of such corporation shall choose to make, shall bedeemed to be approved upon the affirmative vote of not less than a majorityof the members of such corporation, or, if such corporation is a stockcorporation, upon the affirmative vote of the holders of not less than amajority of the capital stock of such corporation.
(3) Upon such approval by the members or stockholders of suchcorporation, articles of conversion in the form approved by such members orstockholders shall be executed and acknowledged in duplicate on behalf ofsuch corporation by its president or vice president and its corporate sealshall be affixed thereto and attested by its secretary. The president orvice president executing such articles of conversion on behalf of suchcorporation shall also make and annex to each copy thereof an affidavitstating that the provisions of sections 393.825 to 393.861 and section393.175 with respect to the approval of its trustees or directors and itsmembers or stockholders, of the proposition for the conversion of suchcorporation into a nonprofit sewer company and such articles of conversionwere duly complied with. Such articles of conversion and affidavit shallbe submitted to the secretary of state for filing as provided in sections393.825 to 393.861 and section 393.175. The term "articles ofincorporation" as used in sections 393.825 to 393.861 and section 393.175shall be deemed to include the articles of conversion of a convertedcorporation.
Conversion of wastewater disposal or treatment corporation tononprofit sewer company, requirements for conversion--term "articlesof incorporation" includes articles of conversion.
393.827. Any corporation organized under the laws of this state forthe purpose of, among others, wastewater disposal, or wastewater treatment,may be converted into a nonprofit sewer company and become subject tosections 393.825 to 393.861 and section 393.175 with the same effect as iforiginally organized under sections 393.825 to 393.861 and section 393.175by complying with the following requirements:
(1) The proposition for the conversion of such corporation into anonprofit sewer company and proposed articles of conversion to give effectthereto shall be first approved by the board of trustees or the board ofdirectors, as the case may be, of such corporation. The proposed articlesof conversion shall recite in the caption that they are executed pursuantto sections 393.825 to 393.861 and section 393.175 and shall state:
(a) The name of the corporation prior to its conversion into anonprofit sewer company;
(b) The address of the principal office of such corporation;
(c) The date of the filing of the articles of incorporation of suchcorporation in the office of the secretary of state;
(d) The statute or statutes under which such corporation wasorganized;
(e) The name assumed by such corporation;
(f) A statement that such corporation elects to become a nonprofit,membership corporation subject to sections 393.825 to 393.861 and section393.175;
(g) The manner and basis of converting either memberships in orshares of stock of such corporation into memberships therein aftercompletion of the conversion; and
(h) Any provisions not inconsistent with sections 393.825 to 393.861and section 393.175 deemed necessary or advisable for the conduct of thebusiness and affairs of such corporation.
(2) The proposition for the conversion of such corporation into anonprofit sewer company and the proposed articles of conversion approved bythe board of trustees or board of directors, as the case may be, of suchcorporation shall then be submitted to a vote of the members orstockholders, as the case may be, of such corporation at any duly heldannual or special meeting thereof, the notice of which shall set forth fullparticulars concerning the proposed conversion. The proposition for theconversion of such corporation into a nonprofit sewer company and theproposed articles of conversion, with such amendments thereto as themembers or stockholders of such corporation shall choose to make, shall bedeemed to be approved upon the affirmative vote of not less than a majorityof the members of such corporation, or, if such corporation is a stockcorporation, upon the affirmative vote of the holders of not less than amajority of the capital stock of such corporation.
(3) Upon such approval by the members or stockholders of suchcorporation, articles of conversion in the form approved by such members orstockholders shall be executed and acknowledged in duplicate on behalf ofsuch corporation by its president or vice president and its corporate sealshall be affixed thereto and attested by its secretary. The president orvice president executing such articles of conversion on behalf of suchcorporation shall also make and annex to each copy thereof an affidavitstating that the provisions of sections 393.825 to 393.861 and section393.175 with respect to the approval of its trustees or directors and itsmembers or stockholders, of the proposition for the conversion of suchcorporation into a nonprofit sewer company and such articles of conversionwere duly complied with. Such articles of conversion and affidavit shallbe submitted to the secretary of state for filing as provided in sections393.825 to 393.861 and section 393.175. The term "articles ofincorporation" as used in sections 393.825 to 393.861 and section 393.175shall be deemed to include the articles of conversion of a convertedcorporation.
