Requirements for proposed charter.

Residents and qualified electors of the county in which the annual public fair is to be located, who wish to form an association not for profit for the purpose of conducting and operating public fairs or expositions, may become incorporated in the following manner. The applicant must submit the proposed charter to the department for review and approval or denial. If the proposed charter is denied, the department must provide the applicant with a letter sent to the mailing address provided on the proposed charter and include a complete listing of all deficiencies, if any, which must be remedied before resubmittal of the proposed charter for approval. If the proposed charter is approved, the applicant must sign and present a notarized copy of the proposed charter to the judge of the circuit court for the county in which the principal office of the association will be located. The proposed charter must specify:

(1) The name of the association and the place where the principal office is to be located. The name of the association must include the word, “Inc.”

(2) The general nature of the objectives and powers of the association, including a provision that the association is incorporated for the sole purpose of conducting and operating public fairs or expositions.

(3) The qualifications and terms of association members and criteria for their admission and expulsion. Provision must be made in the charter for ex officio membership.

(4) The time for which the association is to exist.

(5) The name and residence of each subscriber.

(6) Procedures for the election of and governance by officers, who may be elected or appointed.

(7) The designation of officers who will manage the affairs of the association until the first election or appointment under the charter.

(8) Procedures for the adoption, amendment, or rescission of bylaws of the association.

(9) The highest amount of indebtedness or liability that may be accrued by the association.

(10) The name of an elected member of the board of county commissioners of the county in which the principal office of the association will be located, who will serve as an ex officio member of the board of directors of the association.

(11) The official e-mail address of the association which will be used for the purpose of official communication between the association and governmental entities.

(12) The language for the oath that will be taken by the applicant, which must include, but is not limited to, all of the following:

(a) That the primary objective of the association is for public service and to hold, conduct, and promote public fairs or expositions.

(b) That money and other available assets in value exceeding $5,000 have been provided for purposes designated by the association.

(c) That the association will operate in good faith to carry out the purposes and objectives set forth in the charter.