10-11008
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10-11008. Amendment pursuant to reorganization A. A corporation's articles may be amended pursuant to this section without action by the board of directors or members or approval required pursuant to section 10-11030 to carry out a plan of reorganization ordered or decreed by a court of competent jurisdiction under a federal statute or a statute of this state if the articles of incorporation after amendment contain only provisions required or permitted by section 10-3202. B. Before the date of entry of a final decree in the reorganization proceeding, the individual or individuals designated by the court plan shall deliver to the commission articles of amendment setting forth all of the following: 1. The name of the corporation. 2. The text of each amendment contained in the plan of reorganization. 3. The date of the court's order or decree confirming the plan of reorganization containing the articles of amendment. 4. The title of the reorganization proceeding in which the order or decree was entered. 5. A statement that the court had jurisdiction of the proceeding under federal or state 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. D. Within sixty days after the commission approves the filing, a copy of the articles of amendment shall be published. An affidavit evidencing the publication may be filed with the commission. |