35-2-227. Amendment pursuant to judicial reorganization.
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/mt/title-35/chapter-2/part-2/35-2-227A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
35-2-227 . Amendment pursuant to judicial reorganization.
(1)A corporation's articles may be amended without board approval, approval by the members, or approval required pursuant to 35-2-232 if necessary to carry out a plan of reorganization ordered or decreed by a court of competent jurisdiction under federal statute if the articles, after amendment, contain only provisions required or permitted by 35-2-213 .
(2)The individual or individuals designated by the court shall deliver to the secretary of state, for filing, articles of amendment setting forth:
(a)the name of the corporation;
(b)the text of each amendment approved by the court;
(c)the date of the court's order or decree approving the articles of amendment;
(d)the title of the reorganization proceeding in which the order or decree was entered; and
(e)a statement that the court had jurisdiction of the proceeding under federal statute.
(3)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.