Sec. 2.1. (a) If the requirements of subsection (b) are met, a local cooperative telephone corporation formed under Acts 1935, c.157 is considered to be a communications cooperative corporation formed under this chapter and is subject to its requirements and not the requirements of IC 23-7-1.1 (before its repeal August 1, 1991) or IC 23-17.
(b) A local cooperative telephone corporation described in subsection (a) shall amend its articles of incorporation in accordance with IC 23-7-1.1 (before its repeal August 1, 1991) or IC 23-17 to conform to the requirements of this chapter and shall submit a copy of its amended articles to the commission for approval. After examining the articles, the commission shall approve the amended articles if they conform to the requirements of this chapter. The commission may approve the amended articles without conducting a hearing. The secretary of state may not issue a certificate of amendment before the commission approves the amended articles under this subsection.
(c) The certificate of public convenience and necessity or certificate of territorial authority previously issued to a local cooperative telephone corporation described in subsection (a) shall serve as the certificate required under section 6 of this chapter (before its repeal July 1, 2009).
(d) Subsection (a) applies to a local telephone cooperative corporation as of the date the secretary of state issues a certificate of amendment under IC 23-7-1.1-26 (before its repeal August 1, 1991) or IC 23-17-17.
(e) The local cooperative telephone corporation shall record the amended articles of incorporation in the county where the local cooperative telephone corporation has its principal office.
As added by P.L.122-1987, SEC.1. Amended by P.L.179-1991, SEC.13; P.L.96-1993, SEC.1; P.L.27-2006, SEC.40; P.L.81-2020, SEC.5.
Structure Indiana Code
Title 8. Utilities and Transportation
Article 1. Utilities Generally
Chapter 17. Telephones─rural Telephone Cooperative Act
8-1-17-2. Formation of Corporation
8-1-17-2.2. Telephone Cooperative Corporations Formed Before July 1, 2020
8-1-17-4. Articles of Incorporation
8-1-17-8. Board of Directors; Powers and Duties
8-1-17-10. Corporate Purpose; Local Cooperative Corporation
8-1-17-11. General Cooperative Corporation and Local Cooperative Corporation Distinguished
8-1-17-12. General Grant of Powers to Corporation
8-1-17-13. Powers of Cooperative Corporation Enumerated
8-1-17-14. Sale, Encumbrance, or Other Disposition of Property
8-1-17-15. Obligations; Authority for Issuance
8-1-17-16. Obligations; Covenants and Agreements to Secure
8-1-17-17. Purchase of Own Obligations
8-1-17-18.2. Consolidation of Corporations
8-1-17-19. Consolidation of Corporations; Transfer of Assets, Franchises, and Obligations
8-1-17-24. Principal Office; Change of Location
8-1-17-27. General Nonprofit Corporation Act; Application to Chapter
8-1-17-28. Construction of Chapter
8-1-17-29. Members Not Liable for Corporate Debts or Liabilities