2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 13. Rural Electric Membership Corporation Act › 8-1-13-26. Foreign Corporation; Admittance to Do Business Within State; Finding of Convenience and Necessity

Sec. 26. Any foreign corporation organized as a nonprofit corporation for the purpose of making electric energy available to the inhabitants of rural areas may be admitted to do business within this state and shall have the same powers, restrictions, and liabilities as a corporation organized under this chapter. Whenever such foreign corporation desires to be admitted to operate in this state, it shall file with the commission a petition in as many original counterparts as there are counties in Indiana, in which it requests permission to make electric energy available, plus five (5). Said petition shall describe the territory in Indiana in which its operations are to be conducted and pray the said commission to grant to it a certificate of public convenience and necessity for such operations. To each such original petition, there shall be attached a copy of the articles of incorporation of said corporation, with all amendments to the articles of incorporation, duly authenticated by the proper officer of the state in which the corporation is incorporated. Said petition shall be acted upon by the commission in accordance with the provisions of section 18 of this chapter. The commission shall enter a finding that the convenience and necessity of the public proposed to be served in the Indiana territory in which the operations of the corporation are proposed to be conducted either will or will not be served by such operations. If said finding be in the negative, said commission shall enter an order denying the petition. If such finding be in the affirmative, said commission shall enter an order granting a certificate of public convenience and necessity for the proposed operations of said corporation in Indiana and shall attach a copy of said order, duly certified by the secretary of said commission, to each of the originals of said petition filed under this section, except for two (2) copies, and deliver the same to the petitioner. The corporation shall then present to the secretary of state all such sets of authenticated copy of articles, original petition, and order of the commission, together with such application for admission to do business in this state, if any, as the secretary of state may require and tender to the said secretary of state six dollars and fifty cents ($6.50) to cover the secretary of state's fees for filing, certificate, and seal. If the secretary of state shall approve the same, the secretary of state shall endorse the secretary of state's approval upon each of the aforesaid sets of documents, file one (1) set in the secretary of state's office, return the remaining ones to the corporation, and issue to the corporation a certificate of admission to do business in this state. Thereupon, and before the corporation shall do any business in Indiana, it shall file in the office of the recorder of each county in Indiana in which it is to make electric energy available, one (1) of said sets of documents bearing the approval of the secretary of state endorsed on the set of documents.
Formerly: Acts 1935, c.175, s.26; Acts 1939, c.106, s.2. As amended by P.L.59-1984, SEC.70; P.L.23-1988, SEC.54; P.L.136-2018, SEC.71.