TITLE 30

CORPORATIONS

CHAPTER 29

GENERAL BUSINESS CORPORATIONS

PART 10

AMENDMENT OF ARTICLES OF INCORPORATION AND BYLAWS

30-29-1008.  AMENDMENT PURSUANT TO REORGANIZATION. (a) A corporation’s articles of incorporation may be amended without action by the board of directors or shareholders to carry out a plan of reorganization ordered or decreed by a court of competent jurisdiction under the authority of a law of the United States.

(b)  The individual or individuals designated by the court shall deliver to the secretary of state for filing articles of amendment setting forth:

(1)  The name of the corporation;

(2)  The text of each amendment approved by the court;

(3)  The date of the court’s order or decree approving the articles of amendment;

(4)  The title of the reorganization proceeding in which the order or decree was entered; and

(5)  A statement that the court had jurisdiction of the proceeding under federal statute.

(c)  This section does not apply after entry of a final decree in the reorganization proceeding even though the court retains jurisdiction of the proceeding for limited purposes unrelated to consummation of the reorganization plan.

History:

[30-29-1008, added 2015, ch. 243, sec. 65, p. 945; am. 2019, ch. 90, sec. 120, p. 298.]