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File #: 13-124    Version: 1 Name: THE FOREIGN COMPANY CONVERSION ACT OF 2013
Type: Legislative Act Status: Passed
File created: 10/14/2013 In control: TRIBAL COUNCIL
On agenda: 11/12/2013 Final action: 11/12/2013
Enactment date: 11/12/2013 Enactment #: LA-28-13
Title: AN ACT REPEALING LA#15-96 AND AMENDING LA#32-04, "THE CHEROKEE NATION LIMITED LIABILITY COMPANY ACT"; AMENDING CONVERSION OF FOREIGN CORPORATIONS
Sponsors: Tina Glory Jordan
Indexes: corporations, Limited Liability Company
Code sections: Title 18 - Corporations
Attachments: 1. LA-28-13.PDF
Related files: CNCA-18, 10-019, LA-15-96, LA-32-04, 12-056, 23-067
Title
AN ACT REPEALING LA#15-96 AND AMENDING LA#32-04, "THE CHEROKEE NATION LIMITED LIABILITY COMPANY ACT"; AMENDING CONVERSION OF FOREIGN CORPORATIONS
Body
BE IT ENACTED BY THE CHEROKEE NATION:

Section 1. Title and Codification

This act shall be known as the "The Foreign Company Conversion Act of 2013”.

Section 2. Purpose

The purpose of this act is to repeal LA#15-96, which was not repealed when LA#32-04 was enacted and therefore two LLC Acts exist, and to amend LA#32-04, the Cherokee Nation Limited Liability Company Act, specifically §802, to allow foreign companies to convert to Cherokee Nation companies.

Section 3. Legislative History

Legislative Act #15-96 and #32-04, as amended by LA#11-10 and #23-12.

Section 4. Repealed

From here forward, Legislative Act #15-96 shall be repealed by Legislative Act #32-04 and only one Limited Liability Company Act shall exist.

Section 5. Amendments

Section 802 of LA-32-04 shall be amended as follows:

802. CONVERSION OF CERTAIN ENTITIES TO A LIMITED LIABILITY COMPANY

(a) As used in this section, the term "business other entity" means a domestic corporation, statutory trust, business trust, real estate investment trust, common law trust, other unincorporated business or entity (including a partnership, whether general or limited), or foreign limited liability company.

(b) Any business other entity may convert to a domestic limited liability company by complying with subsection (h) of this section and filing with the Office of the Principal Chief in accordance with Section 106 of this chapter articles of conversion to a limited liability company that have been executed in accordance with Section 205 of this chapter, to which shall be attached articles of organization that comply with Sections 203 and 106 of this chapter and have been executed by one or more authorized persons in accordance with Section 205 of this chapter.

(c) The articles of conversion to a limited liability company shall state:
(1) T...

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