TITLE 30

CORPORATIONS

CHAPTER 29

GENERAL BUSINESS CORPORATIONS

PART 10

AMENDMENT OF ARTICLES OF INCORPORATION AND BYLAWS

30-29-1006.  ARTICLES OF AMENDMENT. (a) After an amendment to the articles of incorporation has been adopted and approved in the manner required by this chapter and by the articles of incorporation, the corporation shall deliver to the secretary of state for filing articles of amendment, which must set forth:

(1)  The name of the corporation;

(2)  The text of each amendment adopted or the information required by section 30-29-120(d)(5), Idaho Code;

(3)  If an amendment provides for an exchange, reclassification, or cancellation of issued shares, provisions for implementing the amendment if not contained in the amendment itself that may be made dependent upon facts objectively ascertainable outside the articles of amendment in accordance with section 30-29-120(d)(5), Idaho Code;

(4)  The date of each amendment’s adoption; and

(5)  If an amendment:

(i)   Was adopted by the incorporators or board of directors without shareholder approval, a statement that the amendment was duly adopted by the incorporators or by the board of directors, as the case may be, and that shareholder approval was not required;

(ii)  Required approval by the shareholders, a statement that the amendment was duly approved by the shareholders in the manner required by this chapter and by the articles of incorporation; or

(iii) Is being filed pursuant to section 30-29-120(d)(5), Idaho Code, a statement to that effect.

(b)  Articles of amendment shall take effect at the effective date determined in accordance with section 30-29-123, Idaho Code.

History:

[30-29-1006, added 2015, ch. 243, sec. 65, p. 944; am. 2019, ch. 90, sec. 118, p. 297.]