Articles of Incorporation Home

ARTICLES OF INCORPORARTION

OF

INDIAN CREEK TRIBE CHICKAMAUGA CREEK & CHEROKEE NATION INC.

Article 1

(Name, Principal Place of Business, Duration and Effective Date)

The name of the Corporation is INDIAN CREEK TRIBE CHICKAMAUGA CREEK & CHEROKEE NATION INC. The principal place of business of the Corporation is 1352 East Lombardy Drive, Deltona, Florida 32725. The duration of the Corporation is perpetual. The effective date of Incorporation is this 1^st day of September, 2000.

Article II

(Registered Office and Agent)

The address of the registered office in the state of Florida is 1352 East Lombardy Drive, Deltona, Florida 32725. The name of the registered agent at such address is BILL CHANCE.

Article III

(Corporate Purpose, Powers and Rights)

The purpose of this Corporation shall be in the form of an inter-tribal social group of American Indians and those interested in Native American culture within the Coastal Florida area, and to provide a medium of celebration of Native American heritage, and its furtherance of its purposes:

1. To operate exclusively for charitable, religion, scientific, ______, education and _______ purposes, and is furtherance of such goals. It is authorized to accept, hold, administer, invest and disburse for charitable, religion, scientific, literary, educational and _______ purposes, such funds and other property, real, personal or mixed, as may from time to time be given, bequeathed, devised, sold or leased to it, absolutely or in trust, by any other individual, firm or corporation for such objects and purposes, or any of them, and for no other purposes; to receive gifts and give and make financial and other types of contributions and assistance to charitable, religious, scientific, literary, educational and ________ organizations, to receive any property, real, personal or mixed, in trust, under the terms of any wills, deeds of trust, or other trust instruments, for the foregoing purposes, and is administering the same, to carry out directions and exercise the powers contained in the trust instrument under which the property is received, including the expenditures of the principal as well as the income for one or more such purposes authorized or directed in the trust instrument under which it is received ; to receive, take title to, hold and use the proceeds and income of stocks, bonds, obligation or securities of any corporation(s), domestic or foreign, but only for the foregoing purposes; in general to do all things that may appear necessary and useful in accomplishing the purposes herein above set forth.

2. In furtherance of its corporate purposes, the Corporation shall have all of the general and specific powers and rights granted to and conferred on an not for profit corporation under Chapter 617, Florida Statutes, appropriate for the achievement of the foregoing goals and purposes; provided, however, that the Corporation shall not engage in any activity which would be inconsistent with its classification as an organization describe in Section 501(c)(3) and 170(?)(1)(A)(vi) of the Internal Revenue Code of 1086, as amended, or any equivalent section of the Internal Revenue Code in effect at any time (the “Code”), but if at any time the Corporation is deemed to be a private foundation as defined in Section 509 of the Code, then so long as the Corporation is deemed a private foundation, it shall act, as, as provided in Section 508(c) of the Code, fail to require its income for each taxable year to be distributed as such time and in such manner as to not subject the Corporation to tax under Section 4942 of the Code, engage in any act of self-dealing as defined in Section 4941(d) of the Code, retain any excess business holdings as defined in Section 4943(c) of the Code, make any investments in such manner as to subject the Corporation to tax under Section 4944 of the Code, or make any taxable expenditures as defined in Section 4945(d) of the Code.

3. To have and exercise any and all powers, rights and privileges which a Corporation organized under the not for profit corporation law of the State of Florida by law may now or hereafter have or exercise.

Article IV

(Membership)

Membership of the Corporation shall be open to any persons who are Native American Indians and those interested in Native American culture and who desire to promote the goals of this Corporation. Members shall be admitted to the Corporation upon application to the Board of Directors, hereinafter to be known and referred to as “Council” of this Corporation, in the manner as described in the Bylaws. All individuals named as officers or Council of the Corporation shall be entitled to become members in the manner as provided in the Bylaws.

Article V

(Incorporation)

The name and mailing address of the Incorporation of this Corporation is as follows: Bill Chance, 1352 E. Lombardy Drive, Deltona, Florida 32725

.

Article VI

(Directors)

1. The Directors shall be known as the Council. The Council shall be elected by a two-thirds (2/3^rds) majority vote of the adult female members of the Corporation.

2. The Judicial Council shall consist of three (3) members who shall hold office for the first years of existence of the Corporation. Thereafter the Council shall consist of the Council, according to Tribal law and customs, of adult female members selected by adult female members of the Corporation. The Council may be increased from the initial three (3) members from time to time and any vacancies may be filled by a majority vote of these adult female members of the Council present at any regular meeting or at any special meeting duly called for that purpose provided a quorum of the Council is present. The Council, however, shall never consist of less than three (3) members, nor more than nine (9) members.

3. The names and addresses of the number of the initial Council are:

Bill Chance, 1352 E. Lombardy Drive, Deltona, Florida 32725

Anthony J. Chance, 1352 E. Lombardy Drive, Deland, Florida 32725

Rita M. Chance, 1352 E. Lombardy Drive, Deland, Florida 32725

4. The Council shall be the Executive Board of this Corporation and shall have general supervision, management and control of the business, affairs and activities of this Corporation, subject, however, to other articles of the Articles of Incorporation and the Bylaws.

Article VII

(Use of Assets)

1. The assets and income derived from the assets of this Corporation shall be used solely for the purposes set forth in Article III of these Articles of Incorporation. Any disbursements shall be at the approval and direction of the Council in accordance with the Bylaws. No part of the net earnings of the Corporation shall leave to the benefit of, or to distribute to, its members, directors, officers or other private persons, except that the Corporation shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the purposes set forth in Article III hereof.

2. No substantial part of the activities of the Corporation shall be the carrying on of propaganda, or otherwise attempting to influence legislators, and the Corporation shall not participate in, or intervene in (including the publishing or distribution of statements) any political campaign on behalf of any candidate for public office.

3. Notwithstanding any other provision of these Articles of Incorporation, the Corporation shall not carry on any other activities not permitted to be carried on (a) by a Corporation exempt from Federal Income Tax under Section 501(c)(3) of the Code (or the corresponding provision of any future United States Internal Revenue Law): or (b) by a Corporation described under Section 170(c)(2) of the Code (or the corresponding provision of any future United States Internal Revenue Law).

4. It is intended by the provisions of these Articles of Incorporation that the Corporation shall possess the status of an organization exempt from Federal income taxation under the provisions of Section 501(c)(3) of the Code. Accordingly, no part of the affairs of the Corporation shall be administered, directly or indirectly, in any manner whatsoever which might jeopardize the tax exempt status of the Corporation.

Article VIII

(Bylaws)

The Bylaws of this Corporation shall be made, altered or rescinded by a two-as shall thirds (2/3^rds) vote of the members of this Corporation present at any meeting of the members provided a quorum is present and further provided written notice of the proposed Bylaws or amendments thereto shall be given to the members at least one week prior to the date of such meeting.

Article IX

(Amendment)

The Articles of Incorporation may be amended at any time by a resolution adopted by a vote of two-thirds (2/3^rds) members present at any annual or special meeting provided a quorum is present and further provided written notice of the proposed amendment has been given to the members in accordance with the provisions of the Bylaws.

Article X

(Dissolution)

Upon the dissolution of the Corporation, the Council shall, after paying or making provisions for the payment of all liabilities of the Corporation, dispose of all of the assets of the Corporation exclusively for the purposes of the Corporation in such manner, or to such organization or organizations organized and operated exclusively for charitable, religious, scientific, literary, education or _______ purposes as shall at the time qualify as an exempt organization or organizations under Section 501(c)(3) of the Code (or the corresponding provision of any future United States Internal Revenue Law) or the Federal, state or local government, as the members shall determine. Any such assets not so disposed of shall be disposed of by the Circuit Court of the county in which the principal office of the Corporation is then located, exclusively for such purposes or to such organizations, as said Court shall determine, which are organized and operated exclusively for that purpose. In no event, however, may the assets to be disposed of be distributed to or for the benefit of any member, Council, officer or other private person, other than as reasonable payments for services rendered by such person.

The undersigned, for the purpose of forming a not for profit corporation under the laws of the State of Florida, does make, file and record these Articles of Incorporation, and does certify that the facts herein stated are true, and has accordingly, hereunto set his hand and seal.

CERTIFICATE

I hereby am familiar with and accept the duties and responsibilities as Registered Agent:

Dated the 1^st Day of September, 2000.

______________________________

BILL CHANCE

Incorporation Registered Agent

STATE OF FLORIDA

COUNTY OF VOLUSA

Sworn to and subscribed before us this 1^st day of September, 2000, by BILL CHANCE, who is personally known to me or has produced the following identification.

FL DL#

____________________________

Deborah J. Rodgers

NOTARY PUBLIC