Effective 28 Aug 2007

393.825. Nonprofit sewer companies, who may organize — articles of incorporation, contents, submission to secretary of state. — 1. Nonprofit, membership corporations may be organized under sections 393.825 to 393.861 and section 393.175 only for the purpose of supplying wastewater disposal and treatment services within the state of Missouri. Corporations which become subject to sections 393.825 to 393.861 and section 393.175 in the manner herein provided are herein referred to as "nonprofit sewer companies". Five or more persons may organize a nonprofit sewer company pursuant to sections 393.825 to 393.861 and section 393.175.

2. The articles of incorporation of a nonprofit sewer company shall recite in the caption that they are executed pursuant to sections 393.825 to 393.861 and section 393.175, shall be signed and acknowledged in duplicate by at least five of the incorporators and shall state:

(1) The name of the company;

(2) The address of its principal office;

(3) The names and addresses of the incorporators;

(4) The number of years the company is to continue, which may be any number including perpetuity;

(5) The names and addresses of the persons who shall constitute its first board of directors;

(6) Whether the company chooses to operate under the provisions of chapter 347 or chapter 355; and

(7) Any provisions not inconsistent with sections 393.825 to 393.861 and section 393.175 deemed necessary or advisable for the conduct of its business and affairs. Such articles of incorporation shall be submitted to the secretary of state for filing.

3. (1) Prior to obtaining a permit to provide service, a nonprofit sewer company shall provide a copy of the articles of incorporation and company bylaws to the department of natural resources to ensure compliance with all statutory requirements. The department shall review the documents and provide the nonprofit sewer company authorization to provide service if all statutory requirements are met. If all statutory requirements have not been met, the department shall inform the nonprofit sewer company of all deficiencies and assist such company in curing the deficiencies.

(2) All nonprofit sewer companies shall provide a copy of all subsequent modifications of the articles of incorporation and company bylaws to the department to ensure continued compliance. If statutory requirements are no longer being met, the department shall inform the nonprofit sewer company of all deficiencies and provide a period of thirty days to cure such deficiencies. If such deficiencies are not cured within thirty days, the department may suspend or revoke the nonprofit sewer company's authority to provide service until such time that the deficiencies are cured.

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(L. 1997 2d Ex. Sess. H.B. 1 merged with S.B. 3, A.L. 2007 S.B. 22)