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Articles of Incorporation

AMENDED ARTICLES OF INCORPORATION OF CALIFORNIA EMERGING TECHNOLOGY FUND

I

The name of this corporation is California Emerging Technology Fund (“Corporation”).

II

The address of the Corporation as of the date of these Amended Articles of Incorporation is:

414 13th Street Oakland, CA  94612.

III

A.  The Corporation is a non-profit corporation and is organized under the Nonprofit Public Benefit Corporation Law and is not organized for the private gain of any person or entity.

B.  The purpose of this Corporation shall be to fund the deployment and usage of broadband facilities, as well as to fund technology, equipment, content, education and training to make broadband service useful to underserved communities.

IV

The Board of Directors of Corporation has adopted a Resolution approving the filing of these Amended Articles of Incorporation.

V

The name in the State of California or the Corporation’s agent for service of process is:

National Registered Agents, Inc.

VI

A.  This Corporation is organized exclusively for charitable purposes within the meaning of Section 501(c)(3) of the Internal Revenue Code or the corresponding section of any future federal tax code.

B.  Notwithstanding any other provision of these articles, this Corporation shall not carry on any other activities not permitted to be carried on (i) by a corporation exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code, or the corresponding section of any future federal tax code or (ii) by a corporation, contributions to which are deductible under Section 170(c)(2) of the Internal Revenue Code, or the corresponding section of any future federal tax code.

C.  No substantial part of the activities of this Corporation shall consist of carrying on propaganda, or otherwise attempting to influence legislation, and this corporation shall not participate or intervene in any political campaign including the publishing or distribution of statements on behalf of or in opposition to any candidate for public office.

VII

A.  The property of this corporation is irrevocably dedicated to purposes consistent with the Nonprofit Public Benefit Corporation, and for only such purposes established as tax exempt under Section 501(c)(3) of the Internal Revenue Code,  and no part of the net earnings or assets or this corporation shall inure to the benefit of, or be distributable to, any director or officer of this corporation, or other private person, except that this corporation shall be authorized and empowered to pay reasonable compensation for services rendered and to make distributions in furtherance of its purpose.

B.  Upon dissolution or winding up of this corporation, its assets remaining after payment, or provision for payment, of all debts and liabilities of this corporation, shall be distributed to such organization, or organizations, organized and operated exclusively for charitable purposes, which has established its tax exempt status under Section 501(c)(3) of the Internal Revenue Code, or corresponding section of any future federal tax code, in a manner and amount as determined by the Board of Directors of this corporation.

Dated:  February 9, 2018