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15 U.S.C. § 145Certificate of incorporation

submitted 104 years ago by ch. 346 to r/title-15-COMMERCE-AND-TRADE · 194 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law tells the Secretary to issue a certificate of incorporation to a China Trade Act corporation once certain conditions are met: a $100 fee is paid, the articles of incorporation follow the law, and the corporation will help develop U.S. export markets in China. The articles get copied into the certificate. Past filing mistakes generally cannot undo the certificate later.

Once an application is filed, the Secretary must issue a certificate of incorporation. This certificate confirms that the requirements of this chapter have been met, and declares that the incorporators now form a body corporate — meaning the corporation officially exists. The Secretary issues the certificate if three things are true: (a) an incorporation fee of $100 has been paid; (b) the Secretary finds that the articles of incorporation, and the statements in them, meet the requirements of this chapter, and that the incorporation is properly authorized under it; and (c) the Secretary finds that the corporation will help build markets in China for goods made in the United States. A copy of the articles of incorporation must be included as part of the certificate and printed in full on it. If, before the certificate was issued, the incorporators or the application failed to meet some legal requirement needed for the certificate to be issued, that failure cannot later be used to invalidate the certificate or to change the legal status of anything the corporation does — except in a proceeding the registrar starts specifically to revoke the certificate of incorporation.
the actual law source: uscode.house.gov ↗public domain

The Secretary shall, upon the filing of such application, issue a certificate of incorporation certifying that the provisions of this chapter have been complied with and declaring that the incorporators are a body corporate, if (a) an incorporation fee of $100 has been paid him; (b) he finds that the articles of incorporation and statements therein conform to the requirements of, and that the incorporation is authorized by, this chapter; and (c) he finds that such corporation will aid in developing markets in China for goods produced in the United States. A copy of the articles of incorporation shall be made a part of the certificate of incorporation and printed in full thereon. Any failure, previous to the issuance of the certificate of incorporation, by the incorporators or in respect to the application for the certificate of incorporation, to conform to any requirement of law which is a condition precedent to such issuance, may not subsequent thereto be held to invalidate the certificate of incorporation or alter the legal status of any act of a China Trade Act corporation, except in proceedings instituted by the registrar for the revocation of the certificate of incorporation.

Source credit: (Sept. 19, 1922, ch. 346, § 5, 42 Stat. 850.)

history & why it existsrecord from the source credit
  • 1922Enacted · Act of Sept. 19, 1922, ch. 346 · 42 Stat. 850

A history note hasn’t been published yet. The record shows enactment by ch. 346 on 1922-09-19.

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