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(1) Annual Report of Corporations – Filing of Annual Report.

(a) Each corporation authorized to do business in Samish Indian Country must prepare, within the time prescribed by this chapter, an annual report setting forth:

(i) The name of the corporation;

(ii) The address of its registered office and the name of its registered agent;

(iii) A brief statement of the character of the business in which the corporation is actually engaged;

(iv) The names and respective addresses of the directors and officers of the corporation;

(v) A statement of the aggregate number of shares which the corporation has authority to issue and par value of those shares;

(vi) A statement of the aggregate number of issued shares;

(vii) A statement, expressed in dollars, of the amount of stated capital of the corporation;

(viii) A statement, expressed in dollars, of the value of all the property owned by the corporation, wherever located, and the value of the property of the corporation located within Samish Indian Country, and a statement, expressed in dollars, of the gross amount of business transacted by the corporation for the 12 months ended on the thirty-first day of December preceding the date herein provided for the filing of such report and the gross amount thereof transacted by the corporation at or from places of business in Samish Indian Country.

(ix) If all the property of the corporation is located in Samish Indian Country and all of its business is transacted at or from places of business in Samish Indian Country, then the information required by this subsection need not be set forth in such report.

(x) Such additional information as may be necessary or appropriate in order to enable the Finance Department to determine and assess the proper amount of taxes payable by such corporation shall be made on forms prescribed and furnished by the Finance Department and the information therein contained shall be given as of the date of the execution of the report.

(b) The report shall be executed for the corporation by its president, a vice-president, secretary, or treasurer, and verified by the officer executing the report, or, if the corporation is in the hands of a receiver or trustee, it shall be executed on behalf of the corporation and certified by such receiver or trustee.

(c) Such annual report of a corporation shall be delivered to the Finance Department between the first day of January and the first day of March of each year, except that the first annual report of a corporation shall be filed between the first day of January and the first day of March in the calendar year following the year in which its certificate of incorporation was issued by the Tribe.

(d) If the Finance Department finds that such report conforms to law, the Finance Department shall file the same. If the Finance Department finds that it does not so conform, the Finance Department shall promptly return the same to the corporation for any necessary correction, to be made and returned to the Finance Department within 30 days from the date on which it was mailed to the corporation by the Finance Department, so as to avoid penalties for failure to file such report.

(2) Failure to Approve Filings – Appeal. If the Finance Department fails to approve any articles of incorporation, amendment, merger, consolidation or dissolution or any other documents required by this chapter to be approved by the Finance Department before the same shall be filed in its office, it shall, within 20 days after the delivery thereof to it, give written notice of its disapproval to the person or corporation delivering the same, specifying the reasons therefor. From such disapproval, such person or corporation may appeal to the Tribal Court. [Res. 2020-04-005 § 2, 2020.]