| B. By an incorporator, if directors have not been selected | or the corporation has not been formed; |
|
| C. By a fiduciary, if the corporation is in the hands of a | receiver, trustee or other court-appointed fiduciary; or |
|
| D. By the clerk of the corporation. |
|
| | 6. Signature; corporate seal. The person executing the | document shall sign it and state beneath or opposite that | signature the person's name and the capacity in which the person | signs. The document may but need not contain a corporate seal, | attestation, acknowledgment or verification. |
|
| | 7. Prescribed form. If the Secretary of State has prescribed | a mandatory form for the document under section 122, the document | must be in or on the prescribed form. |
|
| | 8. Delivery. The document must be delivered to the office of | the Secretary of State for filing. Delivery may be made by | electronic transmission if and to the extent permitted by the | Secretary of State. |
|
| | 9. Fee. At the time of delivery, the correct filing fee and | any reinstatement fee or penalty must be paid or provision for | payment made in a manner permitted by the Secretary of State. |
|
| | 10. Extrinsic facts.__This subsection applies whenever a | provision of this Title permits any of the terms of a plan or a | filed document to be dependent on facts objectively ascertainable | outside the plan or filed document. |
|
| A.__The manner in which the extrinsic facts upon which the | terms of a plan or filed document depend operate upon the | terms of the plan or filed document must be set forth in the | plan or filed document. |
|
| B.__The extrinsic facts upon which the terms of a plan or | filed document depend may include, but are not limited to: |
|
| (1)__Any of the following that is available in a | nationally recognized news or information medium either | in print or electronically: |
|
| (a)__Statistical or market indices; |
|
| (b)__Market prices of any security or group of | securities; |
|
|