Sec. 5.
(1) To apply for registration as a registered distance learning corporation, a corporation shall file all of the following with the director:
(a) A copy of the articles of incorporation of the corporation, certified by the administrator.
(b) The certificate of the attorney general required under section 4(2). This requirement is waived if the corporation submitted the articles of incorporation under section 4(2) and the attorney general does not act under section 4(2) to certify the articles within 60 days.
(c) A general plan of the proposed activities of the corporation.
(d) A copy of the financial statements of the corporation.
(e) A copy of the bylaws of the corporation.
(2) The director shall examine the documents filed under subsection (1), may conduct any investigation which he or she considers necessary, may request additional oral and written information from the corporation, and may examine under oath any persons interested in or connected with the distance learning corporation seeking registration.
(3) The director shall register a corporation as a registered distance learning corporation if all of the following are met:
(a) The documents filed under subsection (1) are in proper form.
(b) The articles of incorporation of the corporation contain the provisions required under section 4.
(c) The corporation has been in existence for distance learning purposes for 3 years or more at the time it applies for registration.
(d) The internal revenue service has determined that the corporation is exempt from taxation under section 501(c)(3) of the internal revenue code of 1986.
(4) If the director registers a corporation as a registered distance learning corporation under subsection (3), the director shall do both of the following:
(a) Return to the corporation 1 copy of the articles of incorporation, certified that the corporation is a registered distance learning corporation.
(b) Deliver to the administrator a certificate that the corporation is a registered distance learning corporation.
History: 2002, Act 36, Imd. Eff. Mar. 7, 2002
Compiler’s Notes: For transfer of powers and duties of the director of the department of career development to the department of labor and economic growth, see E.R.O. No. 2003-1, compiled at MCL 445.2011.