CHAPTER 24-16
EFFECTIVE DATE AND AUTHORITY

24-16-1 Severability; Effect of Invalidity of Part of this Code.

If the Tribal Court shall adjudge to be invalid or unconstitutional any clause, sentence, paragraph, section, article or part of this Code, such judgment or decree shall not affect, impair, invalidate or nullify the remainder of this Code, but the effect thereof shall be confined to the clause, sentence, paragraph, section, article or part of this Code as adjudged to be invalid or unconstitutional.

24-16-2 Effective Date.

This Code shall be in full force and effect according to its terms upon adoption by the Tribal Council.

24-16-3 Authority.

This Code is enacted by the Prairie Band Potawatomi Nation Tribal Council under the authority vested in the Tribal Council by the Nation pursuant to its inherent governmental power, fiscal authority and tribal sovereignty as recognized in the Nation’s Constitution. The Tribal Council reserves the right to repeal or amend the provisions of this Code, subject to the limitation of Section 24-16-4.

24-16-4 No Impairment of Contracts.

Otherwise lawful contracts and other obligations of any corporation shall not be impaired by any subsequent action of the Nation or the Tribal Council. Actions to restrain any attempts to impair contracts of tribal corporations, or to declare such actions null and void, shall be available to any interested party before the Tribal Court. Nothing in this Section shall be construed to restrict the general application of law or of this Code to the acts and contracts of tribal corporations.

24-16-5 Fees for Filing Documents and Issuing Certificates.

The Tribal Council is authorized to make regulations providing for reasonable fees for other services not specifically stated in the title of this code or to make changes in any and all fees for services set out in this title. These changes shall be available through the Tribal Secretary.

24-16-6 Certificates and Certified Copies to be Received in Evidence

All certificates issued by the Tribal Secretary in accordance with the provisions of this Code and all copies of documents filed in his or her office in accordance with the provisions of this Code, when certified by him or her, shall be taken and received in all Courts, public offices, and official bodies as prima facie evidence of the facts therein stated. A certificate by the Tribal Secretary under the seal of his or her office, as to the existence or non-existence of the facts relating to corporations which would not appear from a certified copy of any of the foregoing documents or certificates shall be taken and received in all courts, public offices and official bodies as prima facie evidence of the existence or non-existence of the facts therein stated.

24-16-7 Forms to be Furnished by the Tribal Secretary.

In the event that the Tribal Secretary shall prescribe certain forms for documents required by this Chapter to be filed in the office of the Tribal Secretary, such forms shall be furnished by the Tribal Secretary and used by the corporation for such filing.

24-16-8 Franchise Taxes Payable by Tribal Corporation.

The Tribal Tax Commission shall charge and collect from each tribal corporation annual franchise tax in accordance with the provisions of Title 10. However, all tribal corporations wholly owned by the Nation, whether directly or as a subsidiary of another tribal corporation wholly owned by the Nation, shall not be required to pay any franchise taxes established in Title 10-7.

24-16-9 Repealer.

All prior Codes, Ordinances or Resolutions generally authorizing and regulating the organization of for profit corporations under the laws of the Nation, are hereby repealed.

(Enacted by PBP TC No. 2003-104, June 19, 2003, amended by PBP TC No 2004-126, July 30, 2004; amended by PBP TC No. 2008-121, May 22, 2008: amended by PBP TC No. 2010-070, May 20, 2010.)