|
Apsáalooke Limited
Liability Company Act General Filing
Requirements |
|
(Section 205(a) unless
otherwise noted) |
|
Certificate of
Organization Form (PDF) |
|
The certificate of Organization form is PDF
format. You will need to download
Acrobat Reader to view and fill out the
form |
|
The Certificate of
Organization form can be typed and filled
out with data. You CAN NOT save the data
typed into the form. You must PRINT the
completed form if you would like to save a
copy for your records. |
|
|
-
For all
records for filing with the Tribal
Secretary:
|
-
must be
"captioned" with the title of the
document
-
must be
in "medium" permitted by Secretary
(8 1/2 x 11, white, opaque paper 20
lb. or more)
-
must be
signed (see Sec. 203), under penalty
of perjury (Sec. 207(c))
-
must be
delivered to the Secretary (mail to
Secretary's mailing address - or
hand-delivery)
-
Filing
fee paid (money order only)
-
must
comply with the Act (see specific
filings elsewhere)
|
- If
above requirements are met, must be
filed by the Tribal Secretary's Office
and the following given or mailed to the
requestor:
|
-
copy of the filed record
-
receipt for filing fee
|
-
Generally, the filing is effective on
the date filed by the Secretary
|
-
Filing Fees (Sec. 210) - The Tribal
Secretary has established the following
fee schedule:
|
-
Filing Fee for initial Certification
of Organization:
$50.00
- All
other filings and certificates:
$25.00
-
MONEY
ORDERS ONLY
|
|
CERTIFICATE OF
ORGANIZATION -- FILING |
|
|
|
FORMATION OF LIMITED LIABILITY COMPANY;
CERTIFICATE OF ORGANIZATION SECTION (Sec.
201(a)): |
- One or more persons may act as
organizers to form a limited
liability company by signing and
delivering to the Tribal Secretary
for filing a certificate of
organization.
- A certificate of organization
must state:
|
- the name of the limited
liability company, which must
comply with Section 18-5-108;
- the street and mailing
addresses of the initial
designated office and the name
and street and mailing addresses
of the initial agent for service
of process of the company; and
- if the company will have no
members when the Tribal
Secretary files the certificate,
a statement to that effect.
|
1. NAME (Sec. 108):
|
(a) The name of a limited
liability company must contain the
words “limited liability company” or
“limited company” or the
abbreviation “L.L.C.”, “LLC”,
“L.C.”, or “LC”. “Limited” may be
abbreviated as “Ltd.”, and “company”
may be abbreviated as “Co.”.
|
(b) Unless authorized by
subsection (c), the name of a
limited liability company must be
distinguishable in the records of
the Tribal Secretary from [names of
other Tribally-chartered LLCs or
reserved names]:
|
2. OFFICE AND AGENT FOR SERVICE OF
PROCESS (Sec. 113):
|
(a) A limited liability company
shall designate and continuously
maintain within the Crow Indian
Reservation:
|
- an office, which need not be
a place of its activity on the
Reservation; and
- an agent for service of
process.
|
(c) An agent for service of
process of a limited liability
company or foreign limited liability
company must be an individual who is
a resident of the Crow Indian
Reservation or other person with
authority to transact business
within the Reservation.
|
3. NO MEMBERS AT TIME OF FILING
(Sec. 201(e)
|
The certificate lapses and is void
unless, within 90 days from the date the
Tribal Secretary files the certificate,
an organizer signs and delivers to the
Tribal Secretary for filing a notice
stating:
|
- that the limited liability
company has at least one member;
and
- the date on which a person
or persons became the company’s
initial member or members.
|
SIGNING
|
A limited liability company’s initial
certificate of organization must be
signed by at least one person acting as
an organizer. (Sec. 203(a)(2))
An individual who signs a record
authorized or required to be filed under
this Chapter affirms under penalty of
perjury that the information stated
in the record is accurate. (Sec. 207(c))
|