(a)   Except as provided elsewhere in this section, in order to form a
corporation, one or more adult individuals acting as incorporators
shall:
    (1)   Sign and acknowledge articles of incorporation; and
    (2)   File them for record with the Department.
  (b)   (1)   When the Department accepts articles of incorporation for record, the
proposed corporation becomes a body corporate under the name and
subject to the purposes, conditions, and provisions stated in the
articles.
    (2)   Except in a proceeding by the State for forfeiture of a corporation's
charter, acceptance of the articles for record by the Department is
conclusive evidence of the formation of the corporation.
    (3)   The Department may not accept articles of incorporation from a fire or
rescue organization to be located in Frederick County for the purpose
of providing fire or rescue service in Frederick County unless the
articles are accompanied by a written resolution of the Frederick
County Board of Commissioners indicating the Board's approval of the
proposed incorporation. Incorporated municipalities in Frederick
County with primary responsibility for governmental funding for fire
service shall within their jurisdiction hold those powers assigned to
the Frederick County Commissioners in this section.
|