A TALE OF TWO MCDONALDS: BUSINESS REGULATIONS IN INDIAN COUNTRY

• Jurisdiction: United States

Energy & Mineral Development in Indian Country
(Nov 2014)
CHAPTER 6B
A TALE OF TWO MCDONALDS: BUSINESS REGULATIONS IN INDIAN COUNTRY
Katherine Belzowski
Navajo Nation Department of Justice
Window Rock, Arizona

[Page 6B-1]

KATHERINE BELZOWSKI is an attorney in the Litigation and Employment Unit at the Navajo Nation Department of Justice, in Window Rock, Arizona. She first started working for the Navajo Nation in September 2013 in the Legislative Counsel Office before transferring to the Department of Justice. Ms. Belzowski received her J.D. from the University of Minnesota Law School in 2009. She attended the University of Arizona where she earned her L.L.M. in Indigenous Peoples Law and Policy in 2011. After law school, Ms. Belzowski worked for Nevada Legal Services in their Indian Law Program where she represented tribal members in civil and criminal cases in tribal court. She also represented tribes in state court Indian Child Welfare Act (ICWA) cases. As an attorney for the Navajo Department of Justice, Ms. Belzowski represents the Navajo Nation in federal, state, and tribal courts.

A Tale of Two McDonalds:

Business Regulations in Indian Country

Katherine Belzowski

Navajo Nation Department of Justice

McDonald's in Tuba City, Navajo

[Page 6B-2]

Brief Overview of the Navajo Nation

3 Branch Government

Land in 3 States

110 Chapters

10 Judicial Districts

Dept. of Justice

Corporation Codes

[Page 6B-3]

Navajo Corporation Code

• Based on ABA's Model Business Corporation Code

• The Navajo Corporation Code (5 N.N.C. §§ 3100 et seq.) permits the formation of various corporate entities and requires the registration of foreign entities

• Navajo Business Regulatory Department oversees the Corporation Code

Other Tribal Corp Codes

HO-CHUNK NATION BUSINESS AND FINANCE CODE 2005 (5 HCC § 2)

• 1. Authority	1
• 2. Purpose	1
• 3. Applicability	1
• 4. Definitions	2
• 5. Organizations and Powers	2
• 6. Incorporation	4
• 7. Articles of Incorporation	4
• 8. Organization of Corporation	7
• 9. Registered Office and Agent	7
• 10. Shares, Earnings and Ownership	8
• 11. Board of Directors and Officers	9
• 12. Shareholders	13
• 13. Liability	15
• 14. Challenges to Corporate Actions	15
• 15. Voluntary Dissolution of Corporation	15
• 16. Involuntary Dissolution and Liquidation	20
• 17. Post Dissolution	23

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NORTHERN ARAPAHO CODE TITLE 2. BUSINESS ORGANIZATIONS

• 101 Authority

• 102 Findings

• 103 Definitions

• 104 Purpose

• 105 Powers

• 106 Name

• 107 Formation

• 108 Articles of Organization

• 109 Filing of Articles of Organization

• 110 Effect of Issuance of Certificate of Organization

• 111 Registered Office & Registered...