Filing With and Approval by Secretary of State — Corporate Existence

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  1. When executed and acknowledged in conformity with § 7-65-105, the certificate of incorporation shall be filed with the secretary of state.
  2. The secretary of state shall then examine the certificate of incorporation. If the secretary of state finds that the recitals contained in the certificate of incorporation are correct, that there has been compliance with the requirements of § 7-65-105, and that the name is not identical with or so nearly similar to that of another authority already in existence in this state as to lead to confusion and uncertainty, the secretary of state shall approve the certificate of incorporation and record it in an appropriate book or record in the secretary of state's office.
  3. When such certificate has been so made, filed and approved, the applicants shall constitute a public corporation under the name set out in the certificate of incorporation.


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