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Chapter 06.01 INTRODUCTION TO TITLE

This chapter is included in your selections.

(1) Unless otherwise provided, the provisions of this Title apply to all non-profit, for-profit, and corporations where the Tribe has a financial or business interest. The primary purpose is to set a regulatory framework toward corporations which are or may become whole, majority, and/or minority owned by the Cowlitz Indian Tribe for the benefit of its members. The Tribal Council shall have the authority to approve or disapprove the formation of corporations under the provisions of this Title. The Tribal Council shall have the authority to dissolve or liquidate the whole or majority owned corporations formed under this Title. The Tribal Council shall have the authority to decide upon the disposition of financial or business interests in its economic and associated investment affairs.

(2) The purposes of this Title are to:

(A) Encourage commerce by providing limitations on the liability of participants in a Tribal whole or majority owned business enterprise;

(B) Adopt the laws of corporations to allow greater flexibility in organization and operation of specific business;

(C) Ensure that corporate assets are available for the satisfaction of valid claims of corporate creditors;

(D) Simplify, clarify and modernize the laws applicable to Tribal whole or majority owned businesses created under the sovereign powers of the Cowlitz Indian Tribe;

(E) Create a monitoring framework for the Tribe as it pertains to economic investment and business activities;

(E) Provide a process for identifying economic development opportunity and achieving economic success for the Tribe and its members;

(F) Establish a uniform system of creation and regulation of Tribal whole or majority owned for- profit and non-profit business purposes;

(G) Preserve the sovereign immunity and protect the credit of the Cowlitz Indian Tribe;

(H) Provide a process for partial waivers of sovereign immunity by Tribal whole or majority owned businesses with adequate safeguards, as required by economic and governmental necessity;

(I) Provide for insulation of Tribal economic entities for increased focus on business related matters;

(J) Provide stability and increase the stature of Tribal entities in the commercial world;

(K) Ensure that Tribal whole, majority, and/or minority owned businesses comply with Tribal law or policy; and

(L) Allow for potential lucrative economic or enhanced benefit investments and partnerships with the Tribe from outside individuals, organizations, Tribe(s) or other entities.

(3) No part of this Title applies to any gaming business or activity, as gaming is regulated under its own Title.

(4) The provisions of the chapters of this Title shall be liberally construed and applied to promote its underlying purposes and policies.