35-1-1312. Certificate of existence or authority.
35-1-1312. Certificate of existence or authority. (1) Anyone may apply to the secretary of state to furnish a certificate of existence for a domestic corporation or a certificate of authority for a foreign corporation.
(2) A certificate of existence or authority must set forth:
(a) the domestic corporation's corporate name or the foreign corporation's corporate name used in this state;
(b) (i) that the domestic corporation is incorporated under the law of this state, the date of its incorporation, and the period of its duration if less than perpetual; or
(ii) that the foreign corporation is authorized to transact business 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 secretary of state and the department of revenue; and
(ii) nonpayment affects the existence or authority of the domestic or foreign corporation;
(d) that its most recent annual report required by 35-1-1104 has been delivered to the secretary of state;
(e) that articles of dissolution have not been filed; and
(f) other facts of record in the office of the secretary of state that may be requested by the applicant.
(3) Subject to any qualification stated in the certificate, a certificate of existence or authority issued by the secretary of state may be relied upon as conclusive evidence that the domestic or foreign corporation is in existence or is authorized to transact business in this state.
History: En. Sec. 14, Ch. 368, L. 1991; amd. Sec. 38, Ch. 7, L. 2001.