Montana Attorney General Opinion 16-146

Opinion No. 146. Secretary of State--Corporations- Housing Authority, No Fee For Filing Articles of Incorporation-Fees. HELD: No fee should be charged by the Secretary of State for the fil- ing, recording and issuing of certifi- cate of incorporation of the Billings Housing Authority. Hon. Sam W. Mitchell Secretary of State The Capitol July 24, 1935. You have submitted the following for my opinion: "I have had presented to me for filing and issuance of a certificate of incorporation articles of Billings Housing Authority, created under Chapter 140, Laws of 1935, and ten- dered to my office under Section 4 of said Act. "From an examination of the Act I find no reference to the fees re- quired to be paid by this corporation 144 OPINIONS OF THE AT'l'ORNEY GENERAL to my office for services performed in filing, recording and issuance of certificate of incorporation. I, there- fore, respectfully request your opin- ion as to whether the fee to be charged by me is that set forth in paragraphs 3 and 4 of Chapter 50, Laws of 1935, Section 5 thereof, Sec- tion 18 of said chapter, or whether any fee whatever is to be charged." A reading of Chapter 140, Laws of 1935, discloses that it is emergency legislation for the purpose of not only securing employment for the unem- ployed but also for the purpose of re- moving slum conditions in cities. Paragraph 6, subdivision 2 of Section 4 of said chapter, page 259, provides: "When the application has been made, filed and recorded, as herein provided, the authority shall constitute a pub- lic body and a body corporate and politic under the name proposed in the application; the Secretary of State shall make and issue to the said commissioners, a certificate of incor- poration pursuant to this Act, under the seal of the State, and shall record the same with the application." In the absence of any express pro- vision for a fee for filing, recording and issuance of certificate of incor- poration, and in view of the nature and purpose of the Act, and in view of the fact that the corporation shall constitute a public body, it is my opinion that the legislature did not intend that any fee should be charged for the filing, recording and issuance of certIficate of incorporation. Note: See Vol. 14, Official Opinions, 338.