A. The articles of incorporation required by this chapter shall be filed with the deputy director of financial institutions. Within sixty days after the receipt of the articles of incorporation, the deputy director shall approve or disapprove the articles of incorporation.

Terms Used In Arizona Laws 10-2260

  • Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
  • Articles of incorporation: means the original or restated articles of incorporation or articles of merger and all amendments to the articles of incorporation or merger and includes amended and restated articles of incorporation and articles of amendment and merger. See Arizona Laws 10-140
  • Commission: means the Arizona corporation commission. See Arizona Laws 10-140
  • Corporation: means a business development corporation formed under this chapter. See Arizona Laws 10-2251
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Deputy director of financial institutions: means the deputy director of the financial institutions division of the department of insurance and financial institutions. See Arizona Laws 10-2251

B. If the deputy director disapproves the articles, the deputy director shall promptly give notice of the disapproval to the incorporators, stating in detail the reason for the deputy director’s action. On remedying the defect or defects, the incorporators, in the same manner, may refile the articles.

C. If the deputy director finds that the articles of incorporation are in the form prescribed by this chapter or have been made to conform with this chapter, the deputy director shall conduct any investigation deemed necessary to ascertain from the best sources of information available:

1. Whether the name of the proposed corporation is likely to mislead the public as to its character or purposes.

2. Whether the convenience and advantage of the public will be served by the proposed corporation.

3. Whether the economic condition of the area in which the corporation may be expected to do most of its business affords reasonable promise of adequate support for the activities of such corporation.

4. Whether the responsibility, character and general fitness for the business of the incorporators, directors and officers named in the articles are such as to command confidence and to warrant the belief that the business of the proposed corporation will be honestly and efficiently conducted, in accordance with the intent and purpose of this chapter.

D. If the deputy director finds, on the basis of the facts disclosed by the deputy director’s investigation, that the proposed incorporation meets all the requirements of this chapter, the deputy director shall endorse approval on the articles of incorporation and the articles may then be filed with the corporation commission. The corporation commission shall not issue a certificate of incorporation to a business development corporation without the approval by the deputy director endorsed on the articles of incorporation.

E. If the deputy director finds, on the basis of the facts disclosed by the deputy director’s investigation, that the proposed incorporation does not meet all the requirements of this chapter, the deputy director shall disapprove the articles and return them to the incorporators stating in detail the reasons for doing so.