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New York State Department of State Division of Corporations Albany, NY 12231 www.dos.state.ny.us CERTIFICATE OF INCORPORATION OF UTSAB, INC. (Insert Corporation Name) Under Section 402 of the Not-for-Profit Corporation Law FIRST: The name of the corporation is: UTSAB, INC. SECOND: The corporation is a corporation as defined in subparagraph (a)(5) of Section 102 (Definitions) of the Not-for-Profit Corporation Law. THIRD: The purpose or purposes for which the corporation is formed are as follows (type or print clearly): To promote and sustain such religious, charitable, educational and literary activities on behalf of the Bengali community of the Greater Capital Region of the State of New York as described below: (A) To celebrate religious festivals relevant to Hindu Bengalis like Durga Puja, Laxmi Puja, Saraswati Puja etc. (B) To collect and distribute charities and donations for socio-economic and educational purposes including for relief of the poor, the distressed, or the underprivileged. (C) To provide a forum for exchange of ideas and views with various national and international organizations and eminent individuals of similar interest. (D) To provide a forum for such other activities that help foster and promote Bengali heritage, language, literature, culture or traditions. (E) All of the above purposes shall be limited to those permitted under section 501(c)(3) of the Internal Revenue Code or corresponding section of any future federal tax code, and any applicable code for not-for-profit corporations in the State of New York, in order for the corporation to maintain not-for-profit exempt organization status and for contributions to the corporation to be deemed tax-deductible to the extent allowed by applicable federal and state law. (F) The corporation will not perform any activities mentioned in section 404 (a) through (w) of the Not-For-Profit Corporations Law of the State of New York. (G) The corporation will not be a religious corporation, nor will it perform religious services as defined under the relevant sections of Religious Corporations Law of the State of New York. FOURTH: The corporation shall be a Type B corporation pursuant to Section 201 of the Not-for-Profit Corporation Law. (Please insert Type A, B, C or D, as appropriate.) FIFTH: The office of the corporation is to be located in the County of , ALBANY State of New York. SIXTH: The names and addresses of the initial directors of the corporation are (a minimum of three are required): PRITAM BASU, 1365 VAN ANTWERP RD #K109, NISKAYUNA, NY 12309 CHANDAN DESARKAR, 1833 HILLSIDE AVE, NISKAYUNA, NY 12309 MANASI DUTTA, 37 MACAULAY LN, NISKAYUNA, NY 12309 PRATIP LAHIRI, 30 SANDPIPER LN, REXFORD, NY 12148 PRABHAT MALLIK, 14 LAKESHORE DR #1D, WATERVLIET, NY 12189 DIPEN MOITRA, 7 JOYOUS LN, SCOTIA, NY 12302 SHYAMALI MUKHOPADHYAY, 4 HOLLOW RD, LATHAM, NY 12110 SEVENTH: The Secretary of State is designated as agent of the corporation upon whom process against it may be served. The address which the Secretary of State shall mail a copy of any process accepted on behalf of the corporation is: 6 ILDRA LN, ALBANY, NY 12203 EIGHTH: (Corporations seeking tax exempt status may include language required by the Internal Revenue Service in this paragraph. See instructions, paragraph eighth.) (A) Notwithstanding any other provision of these articles, the corporation is organized exclusively for religious, charitable,educational and literary purposes purposes within the meaning of section 501(c)(3) of the Internal Revenue Code or corresponding section of any future federal tax code and shall not carry on any other activities not permitted to be carried on by a corporation exempt from federal income tax under section 501(c)(3) of the Internal Revenue Code or corresponding section of any future federal tax code, OR, a corporation, contributions to which are deductible under Section 170(c)(2) of Internal Revenue Code, or the corresponding section of any future federal tax code. (B) The corporation shall have no capital stock and no shareholders, and no dividends or pecuniary profits shall be declared or paid. However, the corporation shall have members. The rights of membership in the corporation shall be governed by the bylaws of the corporation, as such bylaws may be amended from time to time, and as are not inconsistent with any provision of this Certificate of Incorporation. Members may be divided into one or more classes. (C) No part of the net earnings of the corporation shall inure to the benefit of, or be distributable to its members, trustees,director, officers or other private persons, except that the corporation shall be authorized to pay reasonable compensation for services rendered and to make payments and distribution in furtherance of its purposes as set forth in this certificate of incorporation. (D) No substantial part of the activities of the corporation shall be the carrying on of propaganda, or otherwise attempting to influence legislation, and the corporation shall not participate in, or intervene in any political campaign on behalf of or in opposition to any candidate for public office. (E) In the event of dissolution, all of the remaining assets and property of the corporation shall after deducting all applicable expenses thereof be distributed to one or more exempt purposes within the meaning of Section 501(c)(3) of the Internal Revenue Code or corresponding section of any future federal tax code, OR, to the federal government, OR, to the state or local government for a public purpose upon approval of a Justice of the Supreme Court of the State of New York. The incorporator or incorporators must sign the Certificate of Incorporation and type or print his/her name and address. GAUTAM AITCH X (Type or print name of incorporator) (Signature) (Address) X (Type or print name of incorporator) (Signature) (Address) X (Type or print name of incorporator) (Signature) 6 ILDRA LN, ALBANY, NY 12203 (Address) CERTIFICATE OF INCORPORATION OF UTSAB, INC. (Insert Corporation Name) Under Section 402 of the Not-for-Profit Corporation Law Filed by: GAUTAM AITCH (Name) 6 ILDRA LN (Mailing address) ALBANY, NY 12203 (City, State and Zip code) NOTE: This sample form is provided by the New York State Department of State Division of Corporations for filing a certificate of incorporation. This form is designed to satisfy the minimum filing requirements pursuant to the Not-for-Profit Corporation Law. The Division will accept any other form which complies with the applicable statutory provisions.The Division recommends that this legal document be prepared under the guidance of an attorney. The Division does not provide legal, accounting or tax advice. This certificate must be submitted with a $75 filing fee made payable to the “Department of State.” Please see the attached PDF
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