Current through Register Vol. 46, No. 39, September 25, 2024
(a) An application
for department approval of a certificate of incorporation, or any amendments
thereof, shall be on forms provided by the department, shall be executed and
submitted in accordance with department instructions, and shall state:
(1) the names and addresses of the persons
submitting the application;
(2) the
name and address of the proposed corporation;
(3) the territory in which its activities are
principally to be conducted;
(4)
with reference to a not-for-profit corporation, the names and addresses of the
proposed members of the board of directors, and such personal information as
may be required in order to determine their character, experience, competency
and standing in the community, with reasonable assurance of their ability to
conduct the affairs of the corporation in its best interests and in the public
interest;
(5) with reference to a
business corporation, the names and addresses of the board of directors,
officers and stockholders, together with such personal information as may be
required in order to determine that they are persons of good moral character
who are competent to operate the business;
(6) information and data with reference to
the public need for the proposed facilities or programs at the time and place
and under the circumstances proposed, in order to determine that there is a
public need for the facility or program;
(7) information and data with reference to
the financial resources and sources of future revenue of facilities or programs
to be operated by the proposed corporation, in order to determine that there
are adequate finances to properly establish and conduct them;
(8) such data and information as may be
required in order to establish the fitness and adequacy of any proposed
facility or program to be operated or conducted by the proposed
corporation;
(9) such data and
information as may be required in order to determine the fitness and adequacy
of the personnel to be engaged in the facilities or programs;
(10) the policies to be followed by the
proposed corporation in its facilities or programs;
(11) such other pertinent information as may
be required by the department.
(b) In the event that one or more of the
purposes of the proposed corporation is to solicit contributions for any
purpose which requires department approval, the application shall also contain
such data and information as may be required to determine that it would be
successful in raising funds necessary to establish the proposed facility or
program within the period planned, which shall not be more than five years from
the date of the department's approval.
(c) There shall be appended to the
application:
(1) the executed original and two
conformed copies of the proposed certificate of incorporation;
(2) such approval or consent by another State
department or agency as may be required by statute or, pending such approval or
consent, evidence that a concurrent application therefor has been made in good
faith;
(3) a statement from the
governmental agency having licensing jurisdiction over any proposed facilities
and programs that such agency intends to issue the requisite license or
operating certificate upon approval by the department of the certificate of
incorporation;
(4) such other
pertinent documents as may be required by the department.
