(c) The document must be typewritten or printed, and must meet such legibility or other standards
as may be prescribed by the Tribal Commence Department.
(d) Unless otherwise indicated in this title, all documents submitted for filing must be executed:
(1) By the chairperson of the board of directors, by its president, or by another of its
officers;
(2) If directors have not been selected or the corporation has not been formed, by an
incorporator; or
(3) If the corporation is in the hands of a receiver, trustee, or other court-appointed
fiduciary, by that fiduciary.
(e) The person executing the document shall sign it and state beneath or opposite the signature the
name of the person and the capacity in which the person signs.
(1) The document may but need not contain: (a) The corporate seal; (b) an attestation by
the secretary or an assistant secretary; or (c) an acknowledgment, verification, or proof.
(f) If the Tribal Commence Department has prescribed a mandatory form for any document, the
document must be in or on the prescribed form.
(g) The document must be delivered to the office of the Tribal Commence Department for filing and
must be accompanied by 1 exact or conformed copy, the correct filing fee or charge, including
license fee, penalty and service fee, and any attachments which are required for the filing.
Legislative History-Enacted, 5/19/03, Resolu. 2003-337; Readopted 8/01/06, Resolu. 2006-524.
35-10.08 Filing Duty of Tribal Commerce Department.
(a) If a document delivered to the office of the Tribal Commence Department for filing satisfies the
requirements this Code, the Tribal Commence Department shall file it.
(b) The Tribal Commence Department files a document by stamping or otherwise endorsing "Filed,"
together with the Tribal Commence Department's name and official title and the date of filing,
on both the original and the document copy.
(c) After filing a document, the Tribal Commence Department shall deliver the document copy to
the corporation or its representative.
(d) If the Tribal Commence Department refuses to file a document, the Tribal Commence
Department shall return it to the corporation or its representative, together with a brief written
explanation of the reason for the refusal.
(e) The Tribal Commence Department's duty to file documents under this section is ministerial.
Filing or refusal to file a document does not:
(1) Affect the validity or invalidity of the document in whole or part;
(2) Relate to the correctness or incorrectness of information contained in the document; or
(3) Create a presumption that the document is valid or invalid or that information contained
in the document is correct or incorrect.
Legislative History-Enacted, 5/19/03, Resolu. 2003-337; Readopted 8/01/06, Resolu. 2006-524.
Section 35-11 Tribal Commerce Department; Fees and Charges
35-11.01 Tribal Commerce Department; Duties and Functions.
(a) The Tribal Commerce Department shall be charged with the administration and enforcement of
this Code.
(1) Said Department is authorized to employ such personnel as may be necessary for the
administration of this Code.
(b) Every certificate and other document or paper executed by the Department, in pursuance of any
authority conferred upon it by this Code, and sealed with the seal of the Tribe, and all copies of
such papers as well as of documents and other papers filed in accordance with the provisions of
this Code, when certified by it and authenticated by said seal, shall have the same force and
effect as evidence as would the originals thereof in any action or proceeding in any court and
before a public officer, or official body.
Legislative History-Enacted, 5/19/03, Resolu. 2003-337; Readopted 8/01/06, Resolu. 2006-524.
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Revised Spokane Law & Order Code, 5/14/2013