16-6a-113. Certificates issued by the division

(1) Any person may apply to the division for:
     (a) a certificate of existence for a domestic nonprofit corporation;
     (b) a certificate of authorization for a foreign nonprofit corporation; or
     (c) a certificate that sets forth any facts of record in the division.

(2) A certificate of existence or certificate of authorization sets forth:
     (a) (i) the domestic nonprofit corporation's corporate name; or
            (ii) the foreign nonprofit corporation's corporate name registered in this state;
     (b) that:
            (i) (A) the domestic nonprofit corporation is incorporated under the law of this state; and
                  (B) the date of its incorporation; or
            (ii) the foreign nonprofit corporation is authorized to conduct affairs in this state;
     (c) that all fees, taxes, and penalties owed to this state have been paid, if:
            (i) payment is reflected in the records of the division; and
            (ii) nonpayment affects the existence or authorization of the domestic or foreign nonprofit corporation;
     (d) that the domestic or foreign nonprofit corporation's most recent annual report required by Section 16-6a-1607 has been filed by the division;
     (e) that articles of dissolution have not been filed by the division; and
     (f) other facts of record in the division that may be requested by the applicant.

(3) Subject to any qualification stated in the certificate, a certificate issued by the division may be relied upon as conclusive evidence of the facts set forth in the certificate. 

Enacted by Chapter 300, 2000 General Session


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