HomeMy WebLinkAboutSW4220901_Development Agreement_20220921 (2)C201327700272
SOSID: 1342117
Date Filed: 10/9/2013 12:52:00 PM
Elaine F. Marshall
North Carolina Secretary of State
C2013 277 00272
ARTICLES OF INCORPORATION
OF
DAVIDSON CHARTER ACADEMY, INC.
The undersigned; being of the age of eighteen years or older, does make and
acknowledge these Articles of Incorporation for the purpose of forming a corporation under and
by virtue of the North Carolina Nonprofit Corporation Act, as provided in Chapter 55A of the
General Statutes of North Carolina.
1. The name of the corporation is Davidson Charter Academy, Inc. (the "Corporation").
2. The Corporation is a "charitable or religious corporation" as defined in N.C. Gen. Stat.
§ 55A-1-40(4).
3. The street address and county of the Corporation's registered office is 394.Harbor Drive
W., Lexington, Davidson County, North Carolina, 27292. The name of the
Corporation's registered agent at that address is Erin Steenwyk.
4. The street address and county of the Corporation's principal office is 394 Harbor Drive
W., Lexington, Davidson County, North Carolina, 27292.
5. The name of the incorporator is Erin Steenwyk and her address is 394 harbor Drive
W, Lexington, Davidson County, North Carolina, 27292.
6. The Corporation shall have no members.
7. The purposes for which the Corporation is organized are:
i)To operate one or more public charter schools in the State of North Carolina pursuant to
N.C. Gen. Stat. § 115C-238.29A et seq.;
ii)To operate exclusively for. charitable, educational, religious, and scientific. purposes
within the meaning of Sections 501(c)(3) and 170(c)(2) of the Internal Revenue Code
of 1986 or the corresponding `provisions of any future U.S Internal Revenue laws
(the "Code"); and
iii)To engage in any lawful activity for which corporations may. be organized under
Chapter 55A of the General Statutes of North Carolina, provided the, Corporation
does not engage in any activity not in furtherance of one or more tax exempt purposes
as contemplated in Section 501(c)(3) of the Code.
8: The Board of .Directors of the Corporation shall consist of those persons as may be
elected to the Board of Directors from time. to time in accordance with the provisions of
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the bylaws of the Corporation. Subject to those provisions, the Board of Directors alone
shall have the authority to adopt and amend the bylaws, approve budgets, and govern and
conduct the affairs of the Corporation.
9. If the Corporation is granted a charter to operate a public charter school by the State
Board of Education and the Corporation is subsequently dissolved or the charter is .
terminated or not renewed, then all net assets of the Corporation purchased for the school'
shall be deemed the property of and distributed to the local school administrative unit in
which the school is located in accordance with N.C. Gen. Stat. § 115C-238.29F(i) or the
corresponding ,provision of any future North Carolina charter school law. To the extent
the Corporation possesses assets other than those subject to distribution pursuant to N.C.
Gen. Star. § 115C-238.29F(i), upon termination, dissolution, or winding up of the affairs .
of the Corporation, the Directors shall, after paying or making provision for payment of
all. liabilities of the Corporation, distribute all such remaining assets among one. or more
organizations, which are organized and operated for exempt purposes and qualified as
exempt organizations under Section 501(c)(3) of the Code and to which contributions are
deductible under Section 170(c)(2) of the Code, or to federal, state, and local
governments to be used exclusively for public purposes.
10. No part of the net earnings of the Corporation shall be distributable to or inure to the
benefit of its officers or Director or any private person, except that the Corporation shall
be authorized to pay reasonable compensation for services rendered and to make
payments and distributions in furtherance of its exempt purposes. No substantial part of
the activities of the Corporation shall be the carrying on of propaganda or otherwise
attempting to influence legislation (except to the extent permitted by Section 501(h) of
the Code), and the Corporation shall not participate in or intervene in (including the
publication or distribution of statements) any political campaign on behalf of any
candidate for public office. Notwithstanding any other provision hereof, the Corporation
shall not carry on any other activities not permitted to be carried on by: (i) a corporation
exempt from federal income tax under Section 501(c)(3) of the Code; or (ii) a corporation
to which contributions are deductible under Section 170(c)(2) of the Code.
11. To the maximum extent permitted by applicable law, no person who is serving or who has
served as a Director of the Corporation shall be personally liable for any action for
monetary damages for breach of his or her duty as a Director, whether such action is
brought by or in the right of the Corporation or otherwise. Neither the amendment or
repeal of this paragraph, nor the adoption of any provision of these Restated .Articles of
Incorporation inconsistent with this paragraph, shall eliminate or reduce the protection
afforded by this paragraph to a' Director of the Corporation with respect to any matter
which occurred, or any cause of action, suit, or claim which, but for this paragraph would
have accrued or risen, prior to such amendment, repeal, or adoption.
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C201327700272
[Signature page, follows]
These Articles of Incorporation are hereby signed by the incorporator on the � clay of
October, 2013.