950 CMR, § 106.03

Current through Register 1536, December 6, 2024
Section 106.03 - Articles of Organization; Issuance of Charter

A non-profit corporation shall be formed in the same manner as provided in M.G.L. c. 156B, §§ 11, 12, and 13, and 950 CMR 106.03. However, the clerks of the Division in their examination of the Articles of Organization have been directed to check for the following additional information:

(a) The non-profit corporation shall have no capital stock and the Articles of Organization shall omit references to stock and stockholders;
(b) The purposes for which the non-profit corporation is formed shall be clearly stated subject to the provisions of M.G.L. c. 180, § 4;
(c) The non-profit corporation may not assume a name that is misleading as to its corporate purposes, thus, the names shall include the word "incorporated" or "corporation" or an abbreviation thereof; except that a church, religious society, or other body organized for religious purposes, shall be exempt from this requirement;
(d) A sworn statement relative to certain criminal convictions must be signed by the incorporators (See 950 CMR 106.06);
(e) Any date for an annual meeting shall be acceptable to the Division.

The Division shall send a copy of the approved Articles of Organization to the corporation within 30 days of approval. This copy of the Articles shall be sent in place of the previously used special charter. However, special charters are available to the incorporators upon request and payment of an additional ten dollar fee.

950 CMR, § 106.03