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Unless otherwise provided in the articles, no vote or consent of shareholders is necessary for such action. 1701.66 Recording of railroad or public utility mortgages. (A) A mortgage of property of any description, or any interest in the property, made (1) by a corporation that is a railroad or a public utility as defined by sections 4907.02, 4905.02, and 4905.03 of the Revised Code; (2) by a corporation, domestic or foreign, organized for the purpose of constructing, acquiring, owning, or operating a railroad or public utility, as so defined, or any part of a railroad or public utility, or, as a common carrier, a trolley bus system, in whole or in part in this state; (3) by a municipal corporation pursuant to Section 12 of Article XVIII, Ohio Constitution; (4) by the state, a county, or a municipal corporation, pursuant to Chapter 165. of the Revised Code, or a port authority pursuant to section 4582.06 or 4582.31 of the Revised Code; or (5) by an electric cooperative as defined by section 4928.01 of the Revised Code, shall be recorded in the office of the county recorder of each county in this state in which any of that property is situated or employed.
Pages: 0
Publisher: Practising Law Inst (June 1984)
ISBN: 9996425002
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The Secretary of State will issue a certificate of authority after receiving the application, along with a certificate that the corporation is in good standing with the state of incorporation and the requisite license tax and other fees. [236] An annual license tax and fee must be paid to the Secretary of State as statutory attorney-in-fact. [237] A certificate of authority authorizes the foreign corporation to transact business in West Virginia and provides such foreign corporation with the same rights and privileges as a domestic corporation. [238] A foreign corporation is subject to the same duties, restrictions, penalties and liabilities as a domestic corporation. [239] A foreign corporation transacting business in West Virginia without a certificate of authority may not maintain a proceeding in any circuit court in the state until it obtains a certificate of authority. [240] In the event that a foreign corporation authorized to transact business in West Virginia changes its corporate name, its period of duration or the state or country of its incorporation, the corporation must apply for an amended certificate of authority. [241] The same requirements for obtaining an original certificate of authority apply to obtaining an amended certificate of authority. [242] Each foreign corporation authorized to transact business in West Virginia must continuously maintain in the state a registered office, which may be the same as any of its places of business, and a registered agent, who may be an individual who resides in the state, a domestic corporation, or another foreign corporation authorized to transact business in the state. [243] The registered agent must have a business office identical with the registered office of the foreign corporation. [244] The corporation may change its registered office or registered agent by filing a statement with the Secretary of State. [245] A foreign corporation’s certificate of authority may be revoked if the corporation does not pay any franchise taxes or penalties within sixty days after they are due; does not inform the Secretary of State that its registered agent or registered office has changed; submits a document signed by an incorporator, director, officer, or agent which such person knew was false; or dissolves or disappears as a result of a merger. [246] After receiving notice from the Secretary of State that grounds exist for revocation of its certificate, the foreign corporation has sixty days to correct the grounds before a certificate of revocation is issued. [247] The foreign corporation may appeal the revocation of its certificate of authority. [248] Revocation of a foreign corporation’s certificate of authority does not terminate the authority of the registered agent of the corporation. [249] A foreign corporation authorized to conduct business in West Virginia may withdraw from the state by obtaining a certificate of withdrawal from the Secretary of State. [250] An application for a certificate of withdrawal must contain the name of the corporation, a statement that it is not transacting business in West Virginia and that it surrenders authority to do so, a statement that it revokes the authority of its registered agent, a mailing address to which the Secretary of State may mail a copy of process, and a commitment to notify the Secretary of State in the future of any change in its mailing address. [251] If the Secretary of State finds that the application conforms to the requirements of the law and that all fees have been paid, a certificate of withdrawal will be issued to the corporation , e.g. German Public Takeover Law
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UNIFORM PARTNERSHIP ACT OF 1994 Article 1. General Provisions ............................... 16100-16114 Article 2. Nature of Partnership ............................ 16201-16204 Article 3. Relations of Partners to Persons Dealing with Partnership ...................................... 16301-16310 Article 4. Relations of Partners to Each Other and to Partnership ...................................... 16401-16406 Article 5 , source: Modern Business & Corporate Laws : Theory And Practice
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