352.060. Incorporation--procedure.
Incorporation--procedure.
352.060. 1. The persons holding the offices respectively ofpresident, secretary and treasurer of the association, or otherchief officers, by whatever name they may be known, shall submitto the circuit court having jurisdiction in the city or countywhere such association is located, the articles of agreement,with the petition praying for a pro forma decree thereon.
2. If the court shall be of the opinion that such articlesof agreement and the purposes of the association come properlywithin the purview of this chapter, and are not inconsistent withthe constitution or laws of the United States, or of this state,the court shall enter of record an order to that effect, acertified copy of which order shall, by the clerk, be endorsedupon or attached to said articles. But no such order shall bemade until such petition shall have remained on file in theclerk's office of said court for at least three days after saidpetition shall have been presented to the court; and whenever thejudge to whom such petition shall have been presented shallentertain any doubt as to the lawfulness or public usefulness ofthe proposed corporation, it shall be his duty to appoint somecompetent attorney, as a friend of the court, whose duty it shallbe to examine said petition and show cause, if any there be, onsome day to be fixed by the court, why the prayer of saidpetition should not be granted, and said attorney shall not beconfined in his examination to said petition and articles ofassociation, but may introduce such testimony as may be availableand proper in order to fully disclose the true purposes of theassociation; and upon the hearing thereof, the court shall makesuch further order granting or dismissing said petition as to itmay seem best, and upon the granting of such petition, thepetitioners shall cause the articles of agreement, with thecertificate aforesaid, to be recorded in the office of therecorder of deeds of the county in which the association islocated, and then filed in the office of the secretary of state.
3. The secretary of state shall issue to the petitioners acertified copy of such articles of agreement, with the severalcertificates thereon as filed in his office, which certified copyshall be the charter of incorporation; and thereupon thepetitioners, their associates and successors, shall be createdand be a body corporate and politic, by the corporate namedesignated in such charter, and such charter, together with thischapter, shall be received in all courts and places as legalevidence of the incorporation of such association.
(RSMo 1939 § 5437)Prior revisions: 1929 § 4997; 1919 § 10265; 1909 § 3433