Example of Incorporation Articles for S Corp for Mi by gzd47192

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									 Revised 1/21/09

 U.S. Department of Agriculture                                                             Community Facilities
 Rural Development                                                                 MI Instruction 1942-A, Guide 1

                                   PREAPPLICATION GUIDE FOR COMMUNITY
                                   FACILITIES PROGRAM LOANS AND GRANTS

This guide is provided for the purpose of informing Rural Development (RD) applicants of the items to be
included in a preapplication for eligibility determination. Make sure you include the 9 digit Employer
Identification number as assigned by the IRS.

The Preapplication should be signed by an elected official of the organization.
Submit an original and one copy of all required forms and documents to the RD area office serving your area.

NOTE: Plans and specifications must be approved by Rural Development before taking bids.

PREAPPLICATIONS WILL CONTAIN THE FOLLOWING INFORMATION:

   A. For essential community facilities such as community buildings, health/medical facilities (federal
      catalog number 10.766)

       1.      Complete and executed Form SF-424, SF-424a & SF-424b (non-construction) or Form SF-424, SF-
               424c & SF-424d (construction). Applicants may obtain the application forms from the web at
               http://fedforms.gov, by typing SF424 in the search block (use OH forms). The instructions should be
               reviewed thoroughly before attempting to complete the form. Include a project narrative which
               thoroughly describes the need for the project, services the project will provide, who will benefit from the
               services, public perception of the project and history leading to the project.

       2.      Copy of the letter sent to the State Clearinghouse (Federal Project Review System) and any comments
               received. See attached Michigan Instruction 1940-J, Exhibit A for obtaining State Clearinghouse
               Reviews.

       3.      Copy of the letter sent to the Regional Clearinghouse (Federal Project Review System) and any
               comments received. See attached Michigan Instruction 1940-J, Exhibit A for obtaining State
               Clearinghouse Reviews or go to http://www.miregions.org/index.html for the map and
               membership directory of the appropriate clearinghouse.

       4.      State Historic Preservation Officer (SHPO) review and approval letter. Rural Development can provide
               assistance in completing the SHPO Section 106 Review Application. (Contact RD Environmental
               Engineer, Andy Granskog at 517-324-5209).

       5.      Latest Audit Report (2 copies). Non-profit Corporations, please provide copies of your annual audit for
               the last 5 fiscal years.

       6.      Applicants should provide evidence (such as a letter from a recognized bond counsel, financial
               consultant or commercial lender information on available rates and terms) that commercial credit has
               been considered and why it is not available or affordable. The applicant must provide a signed
               statement that they are unable to finance the proposed project from their own resources or through
               commercial credit at reasonable rates and terms.

       7.      Documentation on funds from other sources that will be used for this Project. (If applicable).

       8.      Existing preliminary architectural information (if available).

       9.      Data Universal Numbering System (DUNS) Number. All applicants requesting grant funds must
               furnish a DUNS number on the form SF 424. To verify or obtain DUNS number, call 1-866-705-5711.
               Applicants may also apply on the web at www.dnb.com.
                                                                                                      Community Facilities
                                                                                            MI Instruction 1942-A, Guide 1
                                                                                                                   Page 2
    B. Non-Profit applicants must supply the following items:

        Items 1 through 3 are obtained from the State of Michigan. Phone orders (517-241-6470), fax orders (517-
        241-0538), or by mail to PO Box 30054 Lansing MI 48909-7554 for delivery by fax or mail. There is a charge
        for these services, based upon amount of copies required.
        Website http://www.cis.state.mi.us/bcsc/forms/corp/corp/ctrsvcs.pdf has more information.

        1.      A currently certified copy of the current articles of incorporation with all amendments from
                the Secretary of State’s office or the equivalent department in your state.

        2.      A currently certified copy of the complete bylaws for the corporation. The certification must
                be provided by the corporate secretary or equivalent position, i.e. “I certify this as a true copy
                of the Articles of Incorporation and By-laws of the (organization name).”

        3.      A copy of the “Certificate of Good Standing” from the State of Michigan.

        4.      “Attorney’s Opinion Relative to Organization, Authority, and Continuous Existence” (attached).

        5.      Evidence the non-profit is a broadly based community organization. Essential community facility non-
                profit applicants must have significant ties with the local rural community. Such ties are necessary to
                ensure to the greatest extent possible that a facility under private control will carry out a public purpose
                and continue to primarily serve rural areas. Ties may be evidenced by items such as:

                     i. Association with or control by a local public body or bodies, or broadly based ownership
                        and control by members of the community.

                    ii. Substantial public funding through taxes, revenue bonds or other local Government sources,
                        and/or substantial voluntary community funding, such as would be obtained through a
                        community-wide funding campaign.

                Also, letters of community support from any affected local government body are needed. The letter of
                support must be signed by an authorized official of the local government. The letter should include
                sufficient information to determine that a community facility will provide needed services to the
                community and will have no adverse impact on other facilities providing similar services.

        6.      List of board members and their positions in the corporation and community.

        7.      “Survey on Ensuring Equal Opportunity for Applicants” form (attached)

All items should be included in one package. File the entire package with the Rural Development area office serving
your area. (See attached map) The Rural Development area office will be your contact for the remainder of the project.
The Rural Development area office will send a notification regarding eligibility.

Rural Development has guaranteed loans for Community Facility projects. Please contact us for more information.

SEND COMPLETED PREAPPLICATION TO:

USDA – Rural Development                                            USDA – Rural Development
1075 Cleaver Road, PO Box 291                                       3260 Eagle Park Drive, Suite 107
Caro, MI 48723                                                      Grand Rapids, MI 49525
989-673-8173 ext. 6                                                 616-942-4111 ext. 6

USDA – Rural Development                                            USDA – Rural Development
2003 Minneapolis                                                    1501 Cass Street, Suite A
Gladstone, MI 49837                                                 Traverse City, MI 49684
906-428-1060 ext. 6                                                 231-941-0951 ext. 6
                                                                                                     Community Facilities
                                                                                           MI Instruction 1942-A, Guide 1
                                                                                                                  Page 3
                                     APPLICATION GUIDE FOR COMMUNITY
                                   FACILITIES PROGRAM LOANS AND GRANTS

Applicants authorized to proceed with an application should provide the following in an original and one copy.

    B. A. For community facilities such as essential community buildings, health/medical facilities (federal
          catalog number 10.766)

        1.      Complete and executed Form SF-424, SF-424a & SF-424b (non-construction) or Form SF-424, SF-
                424c & SF-424d (construction). Applicants may obtain the application forms from the web at
                http://fedforms.gov, by typing SF424 in the search block (use OH forms). The instructions should be
                reviewed thoroughly before attempting to complete the form. Include a project narrative which
                thoroughly describes the need for the project, services the project will provide, who will benefit from the
                services, public perception of the project and history leading to the project.

        2.      Form RD 1940-20, "Request for Environmental Information"
                (Also see “Documentation Required to Complete Form RD 1940-20”)

        3.      Architectural Report, Guide 6, "Preliminary Architectural Feasibility Report” (construction)

        4.      Draft version of the AIA Architect’s Agreement & signed Michigan Instruction 1942-A, Guide 27,
                Attachment 1, “Uniform Federal Accessibility Standard (UFAS) Acknowledgement” (construction)

        5.      Form RD 442-7, "Operating Budget" or a similar format. Use first full operating year as normal year.

        6.      Form RD 442-3, "Balance Sheet" or a similar format.

        7.      MI Guide 4E, "Legal Service Agreement" (3 copies with original signatures)

        8.      Documentation that a public meeting for comments on the project has been held. A copy of the
                published notice and minutes of the public meeting required (see attached).

        9.      Guide 5, “Financial Feasibility Report” (Required for Revenue based facilities)

        10.     Procurement methods which combine or rearrange design, inspection or construction services (such
                as design/build or construction management) may be used with Rural Development written approval.
                The applicant/owner should request Rural Development approval by providing at least the information
                in RD Instruction 1942.18(l). Please provide a copy in draft form of the appropriate AIA
                documents.(construction)

        CONVENTIONAL PROCUREMENT METHODS

        Design/Bid/Build: (MOST COMMONLY USED AND RECOMMENDED BY N/O)
              B141-1997 “Owner & Architect w/Architect’s Services” & 1942-A Guide 27, Attachment 1 (8/98)
              A101-1997 “Owner & Contractor” & 1942-A Guide 27, Attachment 3 (8/98)
              A201-1997 “General Conditions” & 1942-A Guide 27, Attachment 4 (8/98)
              A201/SC-1999 “Federal Supplementary Conditions” & 1942-A Guide 27, Attachment 5 (4/02)
              A701-1997 “Instructions to Bidders” & 1942-A Guide 27, Attachment 2 (8/98)

        Design/Bid/Build for small projects:
              B151-1997 “Owner & Architect Abbreviated” & Attachment (unissued-N/O approved),
                               or
              B155-1993 “Owner & Architect for Small Projects” & Attachment (unissued-N/O approved)
              A205-1993 “General Conditions for Small Projects” & Attachment (unissued-N/O approved)
              A105-1993 “Owner & Contractor for a Small Project” & Attachment (unissued-N/O approved)
                                                                                           Community Facilities
                                                                                 MI Instruction 1942-A, Guide 1
                                                                                                        Page 4


       NON CONVENTIONAL PROCUREMENT METHODS

       Construction Management constructor (CMc):
             B141-1997 “Owner & Architect w/Architect’s Services” & 1942-A Guide 27, Attachment 1 (8/98)
             B151-1997 “Owner & Architect w/Construction Manager” & Attachment (unissued-N/O approved)
             A121/CMc-2003 “Owner & Construction Manager/Constructor” & Attachment (unissued-N/O approved)
             A201-1997 “General Conditions” & 1942-A Guide 27, Attachment 4 (8/98)
             A201/SC-1999 “Federal Supplementary Conditions” & 1942-A Guide 27, Attachment 5 (4/02)

       Design/Build:
             A191-1996 “Owner & Contractor” Parts 1 & 2 and RD 1942-A, Attachment to A191-1996
                      (unissued - N/O approved)
             A141-2004 “Owner & Design-Builder (Exhibit A)” and RD 1942-A, Attachment to A141-2004
                      (unissued - N/O approved)



Based upon the type of project application submitted, there may be other items requested by the Agency.
                                                                                              Community Facilities
                                                                                    MI Instruction 1942-A, Guide 1
                                                                                                           Page 5

B. For hospitals, nursing homes and other health care type facilities:

  Follow Item A. above plus the following:

  1.      Five year budget projections using, Form RD 442-7, "Operating Budget" or similar format (1 copy).
          The first full operating year should be projected as your normal year.

  2.      Prospective financial statements using Guide 5, "Financial Feasibility Report". The prospective
          financial statements must be done on an examination forecast basis.


C. Archaeological & historical preservation review:

  All projects must receive a sign-off by the State Historic Preservation Officer (SHPO). This office will be unable
  to proceed with an obligation of loan or grant funds without this determination. If the project area has already
  been reviewed by the Michigan History Division, you should supply us with a copy of the determination signed
  by the SHPO.

  For projects which have not been reviewed, the information requested in the SHPO Section 106 Review
  Application is required for initiating an Environmental Review by the Bureau of History and should be sent to
  the following address:

                               STATE HISTORIC PRESERVATION OFFICE
                                     Michigan Historical Center
                                       717 West Allegan Street
                                           P.O. Box 30740
                                    Lansing, Michigan 48909-8240


D. Submission of application:

  The entire application package as outlined above should be sent to the Rural Development area office
  servicing your area for review and processing:

  USDA – Rural Development
  1075 Cleaver Road, PO Box 291
  Caro MI 48723
  989-673-8173 ext. 6

  USDA – Rural Development
  PO Box 231
  Gladstone, MI 49837
  906-428-1060 ext. 6

  USDA – Rural Development
  3260 Eagle Park Drive, Suite 107
  Grand Rapids, MI 49525
  616-942-4111 ext. 6

  USDA – Rural Development
  1501 Cass Street, Suite A
  Traverse City, MI 49684
  231-941-0951 ext. 6

								
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