State Codes and Statutes

Statutes > Missouri > T25 > C393 > 393_900

Nonprofit water companies may be organized--articles of incorporation.

393.900. 1. Nonprofit, membership corporations may be organizedpursuant to sections 393.900 to 393.951 only for the purpose of supplyingwater for distribution, wholesale and treatment services within the stateof Missouri. Corporations which become subject to sections 393.900 to393.951 are referred to in sections 393.900 to 393.951 as nonprofit watercompanies. Five or more persons may organize a nonprofit water companypursuant to sections 393.900 to 393.951.

2. The articles of incorporation of a nonprofit water company shallrecite in the caption that they are executed pursuant to sections 393.900to 393.951, shall be signed and acknowledged in duplicate by at least fiveof the incorporators and shall state:

(1) The name of the company;

(2) The address of its principal office;

(3) The names and addresses of the incorporators;

(4) The number of years the company is to continue, which may be anynumber including perpetuity;

(5) The legal description of the territory in which the companyintends to operate;

(6) The names and addresses of the persons who shall constitute itsfirst board of directors;

(7) Whether the company chooses to operate pursuant to chapter 347,RSMo, or chapter 355, RSMo;

(8) The method chosen for distributing the assets of the company upondissolution; and

(9) Any provisions not inconsistent with sections 393.900 to 393.951deemed necessary or advisable for the conduct of its business and affairs.Such articles of incorporation shall be submitted to the secretary of statefor filing.

3. (1) Prior to obtaining a permit to provide service, a nonprofitwater company shall provide a copy of the articles of incorporation andcompany bylaws to the department of natural resources to ensure compliancewith all statutory requirements. The department shall review the documentsand provide the nonprofit water company authorization to provide service ifall statutory requirements are met. If all statutory requirements have notbeen met, the department shall inform the nonprofit water company of alldeficiencies and assist such company in curing the deficiencies.

(2) All nonprofit water companies shall provide a copy of allsubsequent modifications of the articles of incorporation and companybylaws to the department to ensure continued compliance. If statutoryrequirements are no longer being met, the department shall inform thenonprofit water company of all deficiencies and provide a period of thirtydays to cure such deficiencies. If such deficiencies are not cured withinthirty days, the department may suspend or revoke the nonprofit watercompany's authority to provide service until such time that thedeficiencies are cured.

(L. 1999 H.B. 450 § 1 merged with S.B. 160 & 82 § 1, A.L. 2007 S.B. 22)

State Codes and Statutes

Statutes > Missouri > T25 > C393 > 393_900

Nonprofit water companies may be organized--articles of incorporation.

393.900. 1. Nonprofit, membership corporations may be organizedpursuant to sections 393.900 to 393.951 only for the purpose of supplyingwater for distribution, wholesale and treatment services within the stateof Missouri. Corporations which become subject to sections 393.900 to393.951 are referred to in sections 393.900 to 393.951 as nonprofit watercompanies. Five or more persons may organize a nonprofit water companypursuant to sections 393.900 to 393.951.

2. The articles of incorporation of a nonprofit water company shallrecite in the caption that they are executed pursuant to sections 393.900to 393.951, shall be signed and acknowledged in duplicate by at least fiveof the incorporators and shall state:

(1) The name of the company;

(2) The address of its principal office;

(3) The names and addresses of the incorporators;

(4) The number of years the company is to continue, which may be anynumber including perpetuity;

(5) The legal description of the territory in which the companyintends to operate;

(6) The names and addresses of the persons who shall constitute itsfirst board of directors;

(7) Whether the company chooses to operate pursuant to chapter 347,RSMo, or chapter 355, RSMo;

(8) The method chosen for distributing the assets of the company upondissolution; and

(9) Any provisions not inconsistent with sections 393.900 to 393.951deemed necessary or advisable for the conduct of its business and affairs.Such articles of incorporation shall be submitted to the secretary of statefor filing.

3. (1) Prior to obtaining a permit to provide service, a nonprofitwater company shall provide a copy of the articles of incorporation andcompany bylaws to the department of natural resources to ensure compliancewith all statutory requirements. The department shall review the documentsand provide the nonprofit water company authorization to provide service ifall statutory requirements are met. If all statutory requirements have notbeen met, the department shall inform the nonprofit water company of alldeficiencies and assist such company in curing the deficiencies.

(2) All nonprofit water companies shall provide a copy of allsubsequent modifications of the articles of incorporation and companybylaws to the department to ensure continued compliance. If statutoryrequirements are no longer being met, the department shall inform thenonprofit water company of all deficiencies and provide a period of thirtydays to cure such deficiencies. If such deficiencies are not cured withinthirty days, the department may suspend or revoke the nonprofit watercompany's authority to provide service until such time that thedeficiencies are cured.

(L. 1999 H.B. 450 § 1 merged with S.B. 160 & 82 § 1, A.L. 2007 S.B. 22)


State Codes and Statutes

State Codes and Statutes

Statutes > Missouri > T25 > C393 > 393_900

Nonprofit water companies may be organized--articles of incorporation.

393.900. 1. Nonprofit, membership corporations may be organizedpursuant to sections 393.900 to 393.951 only for the purpose of supplyingwater for distribution, wholesale and treatment services within the stateof Missouri. Corporations which become subject to sections 393.900 to393.951 are referred to in sections 393.900 to 393.951 as nonprofit watercompanies. Five or more persons may organize a nonprofit water companypursuant to sections 393.900 to 393.951.

2. The articles of incorporation of a nonprofit water company shallrecite in the caption that they are executed pursuant to sections 393.900to 393.951, shall be signed and acknowledged in duplicate by at least fiveof the incorporators and shall state:

(1) The name of the company;

(2) The address of its principal office;

(3) The names and addresses of the incorporators;

(4) The number of years the company is to continue, which may be anynumber including perpetuity;

(5) The legal description of the territory in which the companyintends to operate;

(6) The names and addresses of the persons who shall constitute itsfirst board of directors;

(7) Whether the company chooses to operate pursuant to chapter 347,RSMo, or chapter 355, RSMo;

(8) The method chosen for distributing the assets of the company upondissolution; and

(9) Any provisions not inconsistent with sections 393.900 to 393.951deemed necessary or advisable for the conduct of its business and affairs.Such articles of incorporation shall be submitted to the secretary of statefor filing.

3. (1) Prior to obtaining a permit to provide service, a nonprofitwater company shall provide a copy of the articles of incorporation andcompany bylaws to the department of natural resources to ensure compliancewith all statutory requirements. The department shall review the documentsand provide the nonprofit water company authorization to provide service ifall statutory requirements are met. If all statutory requirements have notbeen met, the department shall inform the nonprofit water company of alldeficiencies and assist such company in curing the deficiencies.

(2) All nonprofit water companies shall provide a copy of allsubsequent modifications of the articles of incorporation and companybylaws to the department to ensure continued compliance. If statutoryrequirements are no longer being met, the department shall inform thenonprofit water company of all deficiencies and provide a period of thirtydays to cure such deficiencies. If such deficiencies are not cured withinthirty days, the department may suspend or revoke the nonprofit watercompany's authority to provide service until such time that thedeficiencies are cured.

(L. 1999 H.B. 450 § 1 merged with S.B. 160 & 82 § 1, A.L. 2007 S.B. 22)