1906-1908 Ind. Op. Att'y Gen. p. 144

sires, he may accept the provisions of the act last passed, and, in cases where there is a depository duly selected, he may ship directly to the latter, pursuant to the statute. VOLUNTARY ASSOCIATIONS-THE LAKE AGRICULTURAL COMPANY. April 2, 1907. Hon. Fred A. Sims, Secretary of State, Indianapolis, Indiana: Dear Sir.-I have your communication of recent date, asking concerning the legal status of a voluntary association (The Lake Agricultural Company) incorporated October, 1881, under the act of February 20, 1867, which filed its articles with the county re- corder but not with the secretary of state; and which, in 1906, filed a certificate extending its term of existence, but whose original articles of association were not presented to you for record until November 20, 1906, and after the filing of said cer- tificate of extension. When this company was incorporated in October, 1881, there was no law in force, requiring that articles should be filed with the secretary of state: see R. S. 1881, §3504. In 1891, an act was passed requiring corporations thereafter organized to file their articles with the secretary of state. (Acts 1891, p. 392, Burns' Stats. 1894, §3424,. In 1895, a statute was enacted, amending the act of 1891, and making the above requirement applicable to all corporations which had failed to comply with the act of 1891, (Burns' Stats. 1901, §3424, Acts 1895, p. 255). The amendatory statute contained no provision with reference to corporations organized prior to 1891. The only law governing the association in question is that referred to above, §3504 R. S. 1881, which is identical with §4 of of the act of 1867 under which the Lake Agricultural Company incorporated. That section reads in part as follows: "Every such association shall, from the time such rec- ord is filed in the proper recorder's office be deemed and held to be a corporation, and shall have and possess all the rights, powers and privileges given to corporations by common law." ly opinion therefore is. that such a company as is described in your letter is now duly incorporated, despite the fact that the original articles were not filed until after the filing of the certi- ficate of extension.