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Title:

Articles of Incorporation

Entities:

United Trust Group, Inc.

Date:

2002

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Preview shows 26KB of 150KB total

Price:

$67

ID:

#347345

 

 

► Corporate ► Bus. Formation ► Articles of Incorporation
► Insurance ► Life Insurance

 

 

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                             File Number 5367-825-4

                                STATE OF ILLINOIS
                                    OFFICE OF
                             THE SECRETARY OF STATE


                              [LOGO WITH AN EAGLE]

         To all to whom these presents shall come Greeting:

     WHEREAS, ARTICLES OF INCORPORATION OF UNITED TRUST, INC. INCORPORATED UNDER
THE LAWS OF THE STATE OF ILLINOIS HAVE BEEN FILED IN THE OFFICE OF THE SECRETARY
OF STATE AS PROVIDED BY THE BUSINESS CORPORATION ACT OF ILLINOIS,  IN FORCE JULY
1, A.D. 1984.

     Now Therefore, I, Jim Edgar, Secretary of State of the State of Illinois by
virtue of the powers vested in me by law, do hereby issue this  certificate  and
attach hereto a copy of the Application of the aforesaid corporation.

In   Testimony  Whereof,  I hereto set my hand and cause to be affixed the Great
     Seal of the State of Illinois at the City of Springfield,  this 14th day of
     December  A.D.  1984 and of the  Independence  of the United States the two
     hundred and 9th. (SEAL)

                            /s/ Jim Edgar
                   SECRETARY OF STATE


                                    JIM EDGAR
                               SECRETARY OF STATE
                                STATE OF ILLINOIS

                            ARTICLES OF INCORPORATION

Pursuant  to the  provisions  of "The  Business  Corporation  Act of 1983",  the
undersigned   incorporator(s)   hereby   adopt   the   following   Articles   of
Incorporation.

ARTICLE ONE    The name of the corporation is United Trust, Inc.


ARTICLE TWO    The  name  and  address  of the  initial  registered  agent  and its
     registered office are:

          Registered Agent    Richard          Evan          Hart

                             First Name     Middle Name     Last Name

          Registered Office   800 Illinois Building, 6th and Adams Streets

                      Number Street Suite # (A P.O. Box alone is not acceptable)

                           Springfield 62701 Sangamon

                            City    Zip Code   County

ARTICLE THREE  The purpose or purposes  for which the  corporation  is organized
     are:


     The transaction of any and all lawful businesses for which corporations may
be incorporated  under the Business  Corporation Act of Illinois,  including but
not limited to the purchase and acquisition of other companies which are engaged
in the fields of  insurance  and finance and the conduct of the  business of the
companies  so acquired in  accordance  with the  Insurance  Laws of the State of
Illinois and the  organization  and control of a life  insurance  subsidiary  or
subsidiaries in accordance with the Insurance Laws of the State of Illinois.

ARTICLE FOUR   Paragraph 1: The authorized shares shall be:

          Class          *Par Value per share        Number of shares authorized

          Common         No par value                        10,000,000
          Preferred      $2.00                                1,500,000

          Paragraph   2:   The   preferences,    qualifications,    limitations,
          restrictions  and the  special  or  relative  rights in respect of the
          shares of each class are:

               If not  sufficient  space to cover  this  point,  add one or more
               sheets of this size.

                            See attached Exhibit "A"

ARTICLE FIVE   The number of shares to be issued initially, and the consideration
     to be received by the corporation therefor, are:

                   *Par Value       Number of shares         Consideration to be
          Class    per share        proposed to be issued    received therefor
          Common   No par value     4,825,000                $193,000.00
                                                    TOTAL    $193,000.00

*A declaration  as to a "par value" is optional.  This space may be marked "n/a"
when no reference to a par value is desired.


ARTICLE SIX    OPTIONAL

               The  number  of  directors  constituting  the  initial  board  of
          directors  of the  corporation  is  ____________,  and the  names  and
          addresses of the persons who are to serve as directors until the first
          annual meeting of  shareholders  or until their  successors be elected
          and qualify are:

                  Name                   Residential Address




ARTICLE SEVEN  OPTIONAL

               (a) It is estimated that the value of all property to be owned by
               the corporation for the following year wherever  located will be:
               $

               (b) It is estimated  that the value of the property to be located
               within the State of Illinois during the following year will be: $

               (c) It is estimated  that the gross amount of business which will
               be transacted by the  corporation  during the following year will
               be: $

               (d) It is estimated  that the gross amount of business which will
               be  transacted  from  places of business in the State of Illinois
               during the following year will be: $

ARTICLE EIGHT  OTHER PROVISIONS

               Attach a separate  sheet of this size for any other  provision to
          be  included  in the  Articles  of  Incorporation,  e.g.,  authorizing
          pre-emptive  rights;  denying cumulative voting;  regulating  internal
          affairs;  voting majority  requirements;  fixing a duration other than
          perpetual; etc.

                        NAME & ADDRESSES OF INCORPORATORS

     The  undersigned  incorporator(s)  hereby  declare(s),  under  penalties of
perjury, that the statements made in the foregoing Articles of Incorporation are
true.

Dated             12-12             , 1984

           Signatures and Names                  Post Office Address

     1.    /s/ Larry E. Ryherd              1.   1703 Seven Pines Road
                     Signature                                     Street
           Larry E. Ryherd                       Springfield,  Illinois    62704
           Name (please print)                   City/Town      State       Zip

     2.                                     2.
                     Signature                                     Street


           Name (please print)                   City/Town      State       Zip

     3.                                     3.
                     Signature                                     Street


           Name (please print)                   City/Town      State       Zip

(Signatures  must be in ink on original  document.  Carbon copy, xerox or rubber
stamp signatures may only be used on conformed copies)

NOTE: If a corporation acts as incorporator, the name of the corporation and the
state  of  incorporation  shall  be  shown  and the  execution  shall  be by its
President or  Vice-President  and verified by him, and attested by its Secretary
or as Assistant Secretary.



                                   EXHIBIT "A"

                            ARTICLES OF INCORPORATION

                               UNITED TRUST, INC.
                                  ARTICLE FOUR
                                   Paragraph 2

Paragraph 2: The preferences, qualifications,  limitations, restrictions and the
special or relative rights in respect of the shares of each class are:

                         Common Stock, without par value
                                ("Common Stock")

     The  holders  of shares  of  Common  Stock  shall  have such  rights as are
provided  by law and shall be  entitled  to one vote for each such share held by
them; subject, however, to the applicable express terms of the Preferred Stock.

                  9% Noncumulative, Convertible Preferred Stock
                            par value $2.00 per share
                               ("Preferred Stock")

     (a)  Dividends.  The  holders of the  Preferred  Stock shall be entitled to
          receive,  if, when and as declared  by the Board of  Directors  of the
          Corporation out of funds legally  available  therefor,  cash dividends
          upon each share held at the rate of, but not exceeding,  9% of the par
          value thereof for each fiscal year of the Corporation in preference to
          and in priority  over  dividends  (other than stock  dividends) on all
          other  classes  of stock of the  Corporation.  Such  dividends  on the
          Preferred Stock shall be  noncumulative  from the date upon which such
          shares of Preferred Stock were originally issued.


     (b)  Voting Rights.  Cumulative voting rights of all shareholders  shall be
          eliminated  in  all  circumstances.   The  Preferred  Stock  shall  be
          nonvoting, except as required by law.

     (b)  Liquidation.  In the event of any liquidation,  dissolution or winding
          up of the affairs of the  Corporation,  the  holders of the  Preferred
          Stock  shall  be  entitled  to  receive  out  of  the  assets  of  the
          Corporation, whether from capital, surplus or earnings, and before any
          distribution  shall be made to the holders of any other class of stock
          of the  Corporation,  the sum of Ten  Dollars  ($10.00)  for each such
          share of Preferred Stock so held, together with an amount equal to any
          unpaid  dividends,  accumulated  or  accrued  thereon  to the  date of
          dissolution,   which  have  been  earned  and  declared,  but  without
          interest,  and no more.  In case  the net  assets  of the  Corporation
          legally available therefor are insufficient to permit the payment upon
          all  outstanding  shares of Preferred  Stock to the full  preferential
          amount to which they are respectively  entitled,  then such net assets
          shall be distributed  ratably to all  outstanding  shares of Preferred
          Stock in  proportion  to the full  preferential  amount to which  each
          share is entitled.  After payment to holders of Preferred Stock of the
          full preferential amounts as aforesaid, holders of the Preferred Stock
          as such shall have no right or claim to any of the remaining assets of
          the  Corporation.

     Consolidation  or  merger  of  the  Corporation  with  or  into  any  other
corporation, or the sale of all or substantially all of its assets, shall not be
deemed to be a liquidation,  dissolution or winding up of the Corporation within
the meaning of this paragraph (c).

     (c)  Conversion.  The  Preferred  Stock  may,  at the  option of the holder
          thereof, be converted into shares of Common Stock,  without par value,
          of the Corporation upon the following terms:

          (1)  Each holder of the Preferred  Stock may so convert said Preferred
               Stock within a period of six (6) months following the termination
               of the initial public offering of securities of the  Corporation,
               such time period for  conversion  being referred to herein as the
               "Conversion Period." The Corporation,  at its option expressed by
               resolution of its Board of Directors,  may extend the  Conversion
               Period as the Board in its discretion may deem advisable.

          (2)  Any holder of any shares of Preferred  Stock  desiring to convert
               said shares as herein  provided,  shall,  during said  Conversion
               Period,  deliver,  duly  endorsed in blank,  the  certificate  or
               certificates  representing  the  shares  to be  converted  to the
               Secretary of the  Corporation at the  Corporation's  home office,
               and at the same time  notify the  Secretary  in writing  over his
               signature  that he desires to convert  his shares  into shares of
               Common Stock,  without par value, of the Corporation  pursuant to
               these provisions.

          (3)  Upon receipt by the  Secretary of a certificate  or  certificates
               representing  shares of Preferred  Stock of the Corporation and a
               notice that the holder  thereof  desires to convert the same, the
               Corporation  shall forthwith cause to be issued to the holders of
               the Preferred Stock  surrendering  same, two (2) shares of Common
               Stock,  without par value,  of the  Corporation for each share of
               Preferred Stock surrendered,  or if the corporation has had a two
               for one stock split of the Common Shares outstanding prior to any
               Preferred Stock being  surrendered for conversion the Corporation
               shall  forthwith  cause  to be  issued  to the  holders  of  such
               Preferred  Stock  surrendering  same,  four (4)  shares of Common
               Stock  without par value,  of the  corporation  for each share of
               Preferred Stock  surrendered,  and shall deliver to such holder a
               certificate  in due form for such shares of Common Stock  without
               par value.

          (4)  Shares of Preferred Stock converted hereunder shall revert to the
               status of unissued shares and shall not be reissued.

          (5)  The Corporation  shall set aside and reserve a sufficient  number
               of shares of Common Stock, without par value, to be issued in the
               event holders of the Preferred  Stock exercise  their  conversion
               rights.

     (d)  Redemption.  The Corporation at its option  expressed by resolution of
          its Board of  Directors,  may call and redeem all or from time to time
          any part of the shares of Preferred  Stock not converted by the end of
          the Conversion  Period, by payment of the call and redemption price of
          $10.00 per share.

     Notice of each such  redemption of shares of Preferred Stock shall be given
by the Corporation by mailing by certified mail, postage prepaid, a copy thereof
at least thirty (30) days prior to the redemption  date to the holders of record
of  Preferred  Stock  so to be  redeemed  at  their  respective  addresses  then
appearing on the books of the  Corporation.  If less than all of the outstanding
shares of Preferred Stock are to be redeemed, the shares to be redeemed shall be
chosen by lot or pro rata, as the Board of Directors may determine.

          All shares of Preferred  Stock which shall have been redeemed shall be
     retired and not reissued.

     (e)  Pre-Emptive  Rights. No shareholder of this Corporation shall have any
          pre-emptive  or  preferential  right to purchase or  subscribe  to any
          shares  of any  class  of this  Corporation,  now or  hereafter  to be
          authorized,  or any  notes,  debentures,  bonds  or  other  securities
          convertible into or carrying options or warrants to purchase shares of
          any class,  now, or  hereafter  to be  authorized,  whether or not the
          issue of any such notes, debentures,  bonds or other securities, would
          adversely  affect the dividend or voting  rights of such  shareholder,
          other  than such  rights,  if any,  as the Board of  Directors  in its
          discretion from time to time may grant, and at such price as the Board
          of Directors in its discretion may fix; and the Board of Directors may
          issue  shares  of  any  class  of  this  Corporation,  or  any  notes,
          debentures,  bonds or other  securities  convertible  into or carrying
          options or warrants to purchase shares of any class,  without offering
          any such  shares or  securities,  either  in whole or in part,  to the
          existing shareholders of any class.


     (g)  Transfer  Limitations.  The promoters or organizers of the Corporation
          may  not  sell  any of  their  shares  of the  corporation  (1)  until
          $1,000,000 of annual premium income has been attained by a corporation
          yet to be  formed  which  will be a  wholly  owned  subsidiary  of the
          corporation,  whose  purpose will be to sell life  insurance,  and (2)
          until one year after the release of their shares from escrow.


                             File Number 5367-825-4

                               STATE OF ILLINOIIS
                                    OFFICE OF
                             THE SECRETARY OF STATE

                              [LOGO WITH AN EAGLE]

     Whereas, ARTICLES OF AMENDMENT TO THE ARTICLES OF INCORPORATION OF

                               UNITED TRUST, INC.

INCORPORATED  UNDER THE LAWS OF THE  STATE OF  ILLINOIS  HAVE BEEN  FILED IN THE
OFFICE OF THE SECRETARY OF STATE AS PROVIDED BY THE BUSINESS  CORPORATION ACT OF
ILLINOIS, IN FORCE JULY 1, A.D. 1984.

Now  Therefore,  I, Jim Edgar,  Secretary of State of the State of Illinois,  by
virtue of the powers vested in me by law, do hereby issue this  certificate  and
attach hereto a copy of the Application of the aforesaid corporation.

     IN   TESTIMONY  WHEREOF,  I hereto set my hand and cause to be affixed  the
          Great Seal of the State of Illinois, at the City of Springfield,  this
          20th day of November A.D. 1987 and of the  Independence  of the United
          States the two hundred and 12th.

     (SEAL)
                                                   /s/ Jim Edgar
                                                       SECRETARY OF STATE


                             File Number 5367-825-4

                                    JIM EDGAR
                               SECRETARY OF STATE
                                STATE OF ILLINOIS

                              ARTICLES OF AMENDMENT

Pursuant  to the  provisions  of "The  Business  Corporation  Act of 1983",  the
undersigned  corporation  hereby  adopts  these  Articles  of  Amendment  to its
Articles of Incorporation.

ARTICLE ONE    The name of the corporation is United Trust, Inc.

                                                                        (Note 1)

ARTICLE TWO    The following amendment of the Articles of Incorporation was adopted

     on September 1, 1987 in the manner indicated below. ("X" one box only.)

     |_|  By a majority of the  incorporators,  provided no directors were named
          in the articles of  incorporation  and no directors have been elected;
          or by a majority of the board of directors, in accordance with Section
          10.10,  the  corporation  having  issued  no  shares as of the time of
          adoption of this amendment;

                                                                        (Note 2)

     |X|  By a majority of the board of directors,  in  accordance  with Section
          10.15,  shares  having  been issued but  shareholder  action not being
          required  for  the  adoption  of the  amendment;

                                                                        (Note 3)

     |_|  By the shareholders, in accordance with Section 10.20, a resolution of
          the board of directors  having been duly adopted and  submitted to the
          shareholders. At a meeting of shareholders,  not less than the minimum
          number  of  votes   required  by  statute  and  by  the   articles  of
          incorporation were voted in favor of the amendment;

                                                                        (Note 4)

     |_|  By the  shareholders,  in accordance  with Sections  10.20 and 7.10, a
          resolution  of the board of  directors  having  been duly  adopted and
          submitted to the shareholders. A consent in writing has been signed by
          shareholders having not less than the minimum number of votes required
          by statute and by the articles of incorporation. Shareholders who have
          not  consented in writing have been given  notice in  accordance  with
          Section 7.10;

                                                                        (Note 4)

     |_|  By the  shareholders,  in accordance  with Sections  10.20 and 7.10, a
          resolution  of the  board of  directors  have been  duly  adopted  and
          submitted to the shareholders. A consent in writing has been signed by
          all the shareholders entitled to vote on this amendment.

                                                                        (Note 4)

                               (INSERT AMENDMENT)

(Any  article  being  amended  is  required  to be set  forth in its  entirety.)
(Suggested  language for an amendment to change the corporate name is: RESOLVED,
that the Articles of Incorporation be amended to read as follows:)

---------------------------------------------------------------------------------------------------------------------------------------
                                   (NEW NAME)
                 All changes other than name, include on page 2
                                     (over)


                                     Page 2

                                   Resolution

                    Resolved,  that the Articles of  Incorporation be amended so
               that  the  aggregate   number  of  shares  of  common  stock  the
               Corporation is authorized to issue is increased  from  10,000,000
               to 20,000,000.


                                     Page 3

ARTICLE THREE  The manner in which any exchange, reclassification or cancellation

     of issued shares,  or a reduction of the number of authorized shares of any
     class  below the number of issued  shares of that  class,  provided  for or
     effected by this amendment,  is as follows: (If not applicable,  insert "No
     change")

                                    No Change

ARTICLE FOUR   (a) The  manner in which  said  amendment  effects a change in the

     amount of  paid-in  capital  (Paid-in  capital  replaces  the terms  Stated
     Capital and Paid in Surplus and is equal to the total of these accounts) is
     as follows: (If not applicable, insert "No change")

                                    No Change

               (b)  The amount of paid-in capital (Paid in Capital  replaces the
                    terms Stated Capital and Pain in Surplus and is equal to the
                    total of these  accounts) as changed by this amendment is as
                    follows: (If not applicable, insert "No change")

                                    No Change

                                         Before Amendment  After Amendment

               Paid-in Capital           $_______________  $______________


                       (Complete either Item 1 or 2 below)

(1)  The  undersigned  corporation has caused these articles to be signed by its
     duly authorized officers,  each of whom affirm, under penalties of perjury,
     that the facts stated herein are true.

Dated    November 20th, 1987                      United Trust, Inc.
                                                  (Exact Name of Corporation)

attested by       /s/ Thomas F. Morrow            by       /s/ Larry E. Ryherd
(Signature of Secretary or Assistant Secretary)  (Signature of President or Vice President)

         Thomas F. Morrow, Secretary              Larry E. Ryherd, President
         (Type or Print Name and Title)           (Type or Print Name and Title)

(2)  If amendment is authorized by the  incorporators,  the  incorporators  must
     sign below.

                                       OR

If amendment is authorized  by the  directors and there are no officers,  then a
majority of the  directors or such  directors as may be designated by the board,
must sign below

The  undersigned  affirms,  under  penalties  of perjury,  that the facts stated
herein are true.

Dated __________________, 19 ______

---------------------------------           ------------------------------

---------------------------------           ------------------------------

---------------------------------           ------------------------------

---------------------------------           ------------------------------


                                     Page 4

                             NOTES AND INSTRUCTIONS

NOTE 1: State the true exact  corporate name as it appears on the records of the
     office of the Secretary of State, BEFORE any amendments herein reported.

NOTE 2:  Incorporators  are permitted to adopt amendments ONLY before any shares
     have been issued and before any  directors  have been named or elected.  (ss.
     10.10)

NOTE 3: Directors may adopt amendments without shareholder  approval in only six
     instances, as follows:


 

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