Section 4001. Incorporation; organization certificate; amount of capital stock

When authorized by the superintendent as provided in article  two  of  this  chapter,  five or more persons may incorporate a bank or trust
  company, a stock-form  savings  bank,  a  stock-form  savings  and  loan
  association,  a  safe  deposit  company  or  an investment company. Such
  persons shall subscribe and acknowledge an organization  certificate  in
  duplicate which shall specifically state:
    1. The name by which the corporation is to be known.
    2. The place where its office is to be located.
    3.  The  amount  of its capital stock, the number of shares into which
  such capital stock shall be divided and the par  value  of  the  shares,
  which capital stock shall amount to not less than the amounts prescribed
  by the banking board.
    4. If the shares are to be classified:
    (a)  The  number  of  shares  to be included in each class and the par
  value of the shares;
    (b) The designation of each class and the relative rights, preferences
  and limitations of the shares of each class;
    (c) The number of shares of common stock, if  any,  which  are  to  be
  reserved  for  issuance in exchange for preferred shares or otherwise to
  replace any capital stock represented by preferred shares.
    5. The names and places of residence of the incorporators and, in  the
  case   of  banks,  trust  companies  and  safe  deposit  companies,  the
  citizenship of the incorporators.
    6. Its duration if other than perpetual.
    7. The number of its directors or that the number of  directors  shall
  not  be  less than a stated minimum nor more than a stated maximum. Such
  number, or the minimum and the  maximum  stated,  shall  be  within  the
  limitations prescribed by section seven thousand two of this article.
    8. The names of the incorporators who shall be its directors until the
  first  annual  meeting  of  stockholders.  The  incorporators  named  as
  directors must possess the qualifications of directors as to citizenship
  and residence specified in section seven thousand one of  this  article;
  and  the  certificate  of  a safe deposit company shall recite that such
  qualifications are possessed by such incorporators.
    9. In the case of a trust company, that the proposed corporation is to
  exercise the powers conferred by section one hundred of this chapter, if
  the proposed corporation desires to exercise such powers in addition  to
  the  other  powers  conferred  upon banks and trust companies in article
  three of this chapter.
    No corporation shall be authorized to exercise the powers set forth in
  section one hundred of this  chapter  unless  its  capital  stock  shall
  amount to not less than the amounts prescribed by the banking board.