35-14-1006. Articles of amendment.
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35-14-1006 . Articles of amendment.
(1)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:
(a)the name of the corporation;
(b)the text of each amendment adopted or the information required by 35-14-120 (11)(e);
(c)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, which may be made dependent on facts objectively ascertainable outside the articles of amendment in accordance with 35-14-120 (11)(e);
(d)the date of each amendment's adoption; and
(e)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 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 35-14-120 (11)(e), a statement to that effect.
(2)Articles of amendment take effect on the effective date determined in accordance with 35-14-123 .