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Supreme Court Rules



Section/Rule:
4 App 1

Subject:
Rule 4 - Rules Governing the Missouri Bar and the Judiciary - Rules of Professional Conduct
Publication / Adopted Date:
October 23, 1984

Topic:
Appendix 1. Missouri Lawyer Trust Account Foundation - Articles of Incorporation
Revised / Effective Date:

Appendix 1. Missouri Lawyer Trust Account Foundation

Publisher's Note

The Missouri Supreme Court, by order dated October 23, 1984, required a new Missouri not-for-profit corporation, to be known as "The Missouri Lawyer Trust Account Foundation", to be incorporated by January 1, 1985, with articles of incorporation and by-laws identical to those which follow.
ARTICLES OF INCORPORATION
MISSOURI LAWYER TRUST ACCOUNT
FOUNDATION

Honorable James C. Kirkpatrick
Secretary of State
State of Missouri
Jefferson City, Missouri 65101

We, the undersigned,

Name
Street Address
City State Zip


[Current president of the Missouri Bar]

[Immediate past president of the Missouri Bar]

[President elect of the Missouri Bar]

being natural persons of the age of 18 years or more and citizens of the United States, for the purpose of forming a corporation under the "General Not For Profit Corporation Law" of the State of Missouri, do hereby adopt the following Articles of Incorporation:

Article I. The name of the corporation is Missouri Lawyer Trust Account Foundation.

Article II. The period of duration of the corporation is perpetual.

Article III. The address of the corporation's initial registered office in the State of Missouri is 326 Monroe Street, Jefferson City, Missouri 65101, and the name of its registered agent at said address is Keith A. Birkes.

Article IV. The first board of directors shall be 5 in number and shall be designated by the president of The Missouri Bar.

Article V. The election and removal of directors shall be provided in the bylaws of the corporation.

Article VI. The corporation shall have members as provided by the bylaws.

Article VII. The purposes for which the corporation is organized are exclusively for charitable, educational, or scientific purposes, as may qualify it as exempt from Federal Income Tax under Section 501(a) of the Internal Revenue Code of 1954 as an organization described in Section 501(c)(3) of the Internal Revenue Code of 1954 (or the corresponding provision of any future United States Internal Revenue Law), and the corporation's purposes are limited to:

Article VIII. The corporation shall have one class of membership consisting of all licensed attorneys practicing in Missouri who, or whose law firms, participate in the Missouri Lawyer Trust Account Program established pursuant to D. R. 9-102 as approved by the Missouri Supreme Court. Each member shall have one vote. Except as required otherwise by law, voting by members shall be restricted to voting for six directors of the board of directors, for amendments to the Articles of Incorporation and to the bylaws and for approval of a plan of dissolution.

Article IX. No part of the net earnings of the corporation shall inure to the benefit of, or be distributable to the members, directors, or officers of the corporation, except that the corporation shall have the authority to pay reasonable compensation for services actually rendered to or for the corporation. The corporation shall not participate, 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 of the bylaws or of these Articles of Incorporation of the Corporation, or any provision of the Missouri laws governing or pertaining to the corporation, the corporation shall not engage in or carry on any activities not permitted to be engaged in or carried on by a corporation described in Section 501(c)(3) of the Internal Revenue Code of 1954 (or the corresponding provisions of any future Federal Income Tax Law).

Article X. The remaining assets of the corporation, in the event of dissolution or final liquidation, shall be applied and distributed as follows: all liabilities and obligations of the corporation shall be paid, satisfied, and discharged, or adequate provisions shall be made therefor; assets held by the corporation under condition requiring return, transfer, or conveyance, which condition occurs by reason of dissolution, shall be returned, transferred, or conveyed in accordance with such requirements; all remaining assets of every nature and description whatsoever, shall be distributed to one or more corporations, funds, or foundations, qualified for exemption from tax as an exclusively charitable or educational corporation, fund, or foundation under the Internal Revenue Code of 1954, as amended, or its successor provisions to be used exclusively for the purposes set out in Article VII of these Articles.

Article XI. The provisions of these Articles of Incorporation and the bylaws may be amended, altered, or repealed from time to time by the members as the voting procedure is set out and to the extent permitted in the bylaws.

IN WITNESS WHEREOF, WE have hereunto subscribed our names this ______ day of ____________, 1983.

_________________ )
)
_________________ ) Incorporators
)
_________________ )

STATE OF MISSOURI )
) ss.
COUNTY OF JACKSON)

I, ____________________, a Notary Public, do hereby certify that on the ______ day of ____________, 1983, the incorporators named in the foregoing document personally appeared before me and being first duly sworn by me severally acknowledged that they signed as their free act and deed the foregoing document and the respective capacities therein set forth and declared that the statements therein contained are true, to their best knowledge and belief.

In Witness Whereof, I have hereunto set my hand and seal the day and year above written.

____________________

Notary Public

My commission expires: ____________

(Adopted October 23, 1984)