1 Exhibit 3.5 CERTIFICATE OF INCORPORATION OF PREMIUM STANDARD FARMS OF NORTH CAROLINA, INC. ARTICLE I NAME The name of the Corporation is Premium Standard Farms of North Carolina, Inc. ARTICLE II REGISTERED OFFICE; REGISTERED AGENT The street address of the initial registered office of the Corporation is Corporation Trust Center, 1209 Orange Street, Wilmington, New Castle County, Delaware 19801, and the name of its initial registered agent at that address is The Corporation Trust Company. ARTICLE III PURPOSES The Corporation is formed for the purpose of engaging in any lawful act or activity that may be taken by, and to exercise any powers permitted to, corporations organized under the General Corporation Law of Delaware. ARTICLE IV AUTHORIZED STOCK The aggregate number of shares which the Corporation may issue is 5000 shares of Common Stock with no par value. Each share of Common Stock issued shall be entitled to one vote. No additional Common Stock and no classes of Preferred Stock may be issued. 2 ARTICLE V BOARD OF DIRECTORS The number of directors constituting the initial Board of Directors is five (5). The number of directors may be changed as provided in the bylaws. The names and addresses of the persons who will serve as directors until the first annual meeting of stockholders or until their successor is elected and qualified are as follows: NAME ADDRESS Paul J. Fribourg 277 Park Avenue New York, NY 10172 Vart K. Adjemian 277 Park Avenue New York, NY 10172 Mark R. Baker 277 Park Avenue New York, NY 10172 Teresa E. McCaslin 277 Park Avenue New York, NY 10172 Michael J. Zimmerman 277 Park Avenue New York, NY 10172 ARTICLE VI BYLAWS In furtherance and not in limitation of the powers conferred by statute, the Board of Directors is expressly authorized and empowered to make, alter or repeal the Bylaws of the Corporation. ARTICLE VII LIMITATION ON DIRECTOR LIABILITY No Director of the Corporation shall be personally liable to the Corporation or its stockholders for monetary damages for breach of fiduciary duty as Director; provided, however, that this limitation of liability of a Director shall not apply with respect to (i) any breach of the Director's duty of loyalty to the Corporation or its stockholders, (ii) acts or omissions not in good faith or which involve intentional misconduct or a knowing violation of law, (iii) any 2 3 liability arising under Section 174 of the General Corporation Law of the State of Delaware and (iv) any transaction from which the Director derives an improper personal benefit. ARTICLE VIII INCORPORATOR The name and mailing address of the incorporator of the Corporation is as follows: Spruillco, Ltd., 3600 Glenwood Avenue, Raleigh, North Carolina 27612. IN WITNESS WHEREOF, the undersigned, being the sole incorporator, does hereby make this certificate for the purpose of forming a corporation pursuant to the General Corporation Law of the State of Delaware, and does hereby certify that the facts set forth herein are true and correct. Dated this 11th day of September, 2000. SPRUILLCO, LTD., Incorporator By: /s/ Samuel W. Johnson Name: Samuel W. Johnson Title: Vice President 3