Mississippi § 51-41-9 - Authority and procedure to incorporate.

§ 51-41-9. Authority and procedure to incorporate.

Whenever a qualified corporation desires to convert into and become reconstituted and reincorporated as a water authority under this chapter, the qualified corporation shall present to and file with the Secretary of State: Its resolution duly adopted by the board of directors of the qualified corporation that evidences the desire of the qualified corporation to convert into and become reconstituted and reincorporated as a water authority and that also certifies that the qualified corporation: Was initially formed as a not-for-profit corporation or association; and Desires to operate as a public body authorized under the laws of Mississippi as a result of its conversion and reconstitution as a water authority under this chapter; Its application for reconstitution and certificate of incorporation, which shall state and include the following information: The name of the water authority, which shall be “The_______________Public Water Authority of the State of Mississippi,” or some other name of similar import, it being understood that the water authority may adopt a fictitious operational name upon written request to and approval by the Secretary of State; The location of the water authority’s principal office, and the number of directors of the water authority, which shall be subject to change and modification as provided in the water authority’s bylaws; The names and addresses of the initial board of directors of the water authority; The name and address of the agent for service of process of the water authority; and Any other matters that the initial board of directors of the water authority may deem necessary and appropriate; A copy of the water authority’s bylaws along with any other information that the initial board of directors of the water authority may deem necessary and appropriate; A statement and certification from the Secretary of State that the proposed name of the water authority is not identical with that of any other water authority in the state, or so nearly similar thereto as to lead to confusion and uncertainty; and A reasonable filing and review fee that the Secretary of State may designate and determine from time to time, which shall not be in excess of the filing fee charged in connection with the receipt and filing of a corporation’s articles of incorporation. Two (2) or more qualified corporations may jointly convert into and become reconstituted and reincorporated as one (1) water authority under the same procedure as specified for one (1) qualified corporation under this chapter.