393.825. Nonprofit sewer companies, who may organize--articles of incorporation, contents, submission to secretary of state.
Nonprofit sewer companies, who may organize--articles ofincorporation, contents, submission to secretary of state.
393.825. 1. Nonprofit, membership corporations may be organizedunder sections 393.825 to 393.861 and section 393.175 only for the purposeof supplying wastewater disposal and treatment services within the state ofMissouri. Corporations which become subject to sections 393.825 to 393.861and section 393.175 in the manner herein provided are herein referred to as"nonprofit sewer companies". Five or more persons may organize a nonprofitsewer company pursuant to sections 393.825 to 393.861 and section 393.175.
2. The articles of incorporation of a nonprofit sewer company shallrecite in the caption that they are executed pursuant to sections 393.825to 393.861 and section 393.175, shall be signed and acknowledged induplicate by at least five of 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 names and addresses of the persons who shall constitute itsfirst board of directors;
(6) Whether the company chooses to operate under the provisions ofchapter 347, RSMo, or chapter 355, RSMo; and
(7) Any provisions not inconsistent with sections 393.825 to 393.861and section 393.175 deemed necessary or advisable for the conduct of itsbusiness and affairs. Such articles of incorporation shall be submitted tothe secretary of state for filing.
3. (1) Prior to obtaining a permit to provide service, a nonprofitsewer 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 sewer company authorization to provide service ifall statutory requirements are met. If all statutory requirements have notbeen met, the department shall inform the nonprofit sewer company of alldeficiencies and assist such company in curing the deficiencies.
(2) All nonprofit sewer 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 sewer 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 sewercompany's authority to provide service until such time that thedeficiencies are cured.
(L. 1997 2d Ex. Sess. H.B. 1 merged with S.B. 3, A.L. 2007 S.B. 22)