Sec. 33-802. Amendment pursuant to reorganization.
Sec. 33-802. Amendment pursuant to reorganization. (a) A corporation's certificate 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 a law of the United States.
(b) The individual or individuals designated by the court shall deliver to the Secretary of the State for filing a certificate 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 certificate 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.
(P.A. 94-186, S. 127, 215; P.A. 96-271, S. 93, 94, 254; P.A. 03-18, S. 15.)
History: P.A. 94-186 effective January 1, 1997; P.A. 96-271 amended Subsec. (a) to replace "articles" of incorporation
with "certificate" of incorporation and amended Subsec. (b) to replace "articles" of amendment with "certificate" of
amendment, effective January 1, 1997; P.A. 03-18 amended Subsec. (a) by deleting provision re amendment without board
or shareholder action if the certificate of incorporation after amendment contains only provisions required or permitted by
Sec. 33-636 and replacing "federal statute" with "a law of the United States", amended Subsec. (b) by replacing "federal
law" with "federal statute", deleted former Subsec. (c) re dissenters' rights and redesignated existing Subsec. (d) as new
Subsec. (c), effective July 1, 2003.