8.05.040 Annual report.
(a) Every corporation, whether for-profit or nonprofit, shall prepare an annual report setting forth:
(1) The name of the corporation; and
(2) The address of its registered office and name of its registered agent; and
(3) A brief statement of the nature of the business affairs the corporation is actually conducting; and
(4) The names and respective addresses, including street and number, if any, of the directors and officers of the corporation.
(b) The annual report shall be made on forms prescribed and furnished by the Clerk of the Tribal Council, or his/her designee. It shall be executed by the corporation; through its president, vice-president, secretary or assistant secretary, treasurer or assistant treasurer; or if the corporation is in the hands of a receiver or receivers, or trustee, it shall be executed by such receiver(s) or trustee.
(c) Annual reports of a corporation shall be delivered to the Clerk of the Tribal Council, or his/her designee. If the Clerk, or his/her designee, following review for the period between the first day of January and the first day of March of each calendar year, deems that the report conforms with this chapter, he/she shall file the same. If he/she determines that it does not so conform, he/she shall promptly return the report to the corporation for any necessary correction, in which event the penalties hereinafter prescribed shall not apply; provided, that such report is corrected to conform to the requirements of this chapter and returned to the Clerk, or his/her designee, in sufficient time to be filed before the first day of July of the year in which it is due.
(d) Each corporation, whether for-profit or nonprofit, that fails or refuses to file its annual report for any year within the time prescribed by this chapter shall be subject to a penalty of $50.00, to be assessed by the Clerk of the Tribal Council, or his/her designee.
(e) All certificates issued by the Clerk of the Tribal Council, or his/her designee, and all copies of documents filed in his/her office, when certified by him/her, shall be taken and received in all Courts, public offices, and official bodies as prima facie evidence of the facts therein stated. A certificate by the Clerk of the Tribal Council, or his/her designee, under the seal of his/her office, as to the existence or nonexistence of the facts relating to corporations that would not appear from a certified copy of any of the foregoing documents or certificates shall be taken and received in all courts, public offices and official bodies as prima facie evidence of the existence or nonexistence of the facts therein stated.
(f) All reports required by this chapter shall be made on forms to be prescribed and furnished by the Clerk of the Tribal Council or his/her designee. All other documents to be filed in the office of the Clerk of the Tribal Council or his/her designee shall be furnished by the Clerk or his/her designee upon request. The use of these documents, unless otherwise specifically prescribed in this chapter, shall not be mandatory. [Ord. 18 Part I § 3, adopted, 10/7/2008.]