Incorporation.

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  • (1) A nonprofit corporation is incorporated, and its corporate existence begins:
    • (a) when the articles of incorporation are filed by the division; or
    • (b) if a delayed effective date is specified pursuant to Subsection 16-6a-108(2), on the delayed effective date, unless a certificate of withdrawal is filed prior to the delayed effective date.
  • (2) Notwithstanding Subsection 16-6a-110(4), the filing of the articles of incorporation by the division is conclusive proof that all conditions precedent to incorporation have been satisfied, except in a proceeding by the state to:
    • (a) cancel or revoke the incorporation; or
    • (b) involuntarily dissolve the nonprofit corporation.




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