(a)Original Certificate.

Terms Used In Tennessee Code 42-3-105

  • Airport: means any area of land or water that is used, or intended for use, for the landing and taking off of aircraft, and any appurtenant areas that are used, or intended for use, for airport buildings or other airport facilities or avigation easements or rights-of-way, together with all airport buildings and facilities located on those areas. See Tennessee Code 42-3-102
  • authority: means any regional airport authority or municipal airport authority created pursuant to this chapter. See Tennessee Code 42-3-102
  • 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.
  • Person: means any individual, firm, partnership, corporation, company, association, joint stock association, or body politic. See Tennessee Code 42-3-102
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form. See Tennessee Code 1-3-105
  • signed: includes a mark, the name being written near the mark and witnessed, or any other symbol or methodology executed or adopted by a party with intention to authenticate a writing or record, regardless of being witnessed. See Tennessee Code 1-3-105
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
(1) The commissioners of the regional airport authority shall present to the secretary of state an application signed by them, which shall set forth, without any detail other than mere recital:

(A) That the governing bodies (naming the municipalities) of the municipalities by ordinances or resolutions created a regional airport authority and thereafter appointed them as commissioners;
(B) The name and official residence of each of the commissioners, together with a certified copy of the appointment evidencing their right to office, the date and place of induction into and taking oath of office, and that they desire the municipal airport authority to become a public body and a body corporate and politic under this chapter;
(C) The term of office of each of the commissioners;
(D) The name that is proposed for the corporation; and
(E) The location of the principal office of the proposed corporation.

The application shall be subscribed and sworn to by each of the commissioners before an officer authorized by the laws of the state to take and certify oaths, who shall certify upon the application that the officer personally knows the commissioners and knows them to be the officers as appointed in the application and that each subscribed and swore thereto in the officer’s presence. The secretary of state shall examine the application and if the secretary of state finds that the name proposed for the corporation is not identical with that of a person or of any other corporation of this state, or so nearly similar as to lead to confusion and uncertainty, the secretary of state shall receive and file it and shall record it in an appropriate book of record in the secretary of state’s office.

(2) When the application has been made, filed and recorded, as provided in subdivision (a)(1), the authority shall constitute a public body corporate and politic under the name proposed in the application and the secretary of state shall make and issue to the commissioners a certificate of incorporation, pursuant to this chapter, under the seal of the state and shall record the certificate with the application.
(3) Upon receiving the certificate of incorporation, the commissioners shall cause it to be placed of record in the register’s office of each county in which is located one (1) or more of the participating municipalities.
(b)Amended Certificate. When a regional airport authority is increased or decreased pursuant to § 42-3-104, it shall forward to the secretary of state a certified copy of each resolution adopted pursuant to the increase or decrease and upon receipt of the resolution, the secretary of state shall issue an amended certificate of incorporation in accordance with the resolution, which amended certificate shall be placed of record in the county register’s office of each county in which is located one (1) or more of the participating municipalities.
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