47-1A-1008. Amendment pursuant to reorganization.
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/sd/title-47/chapter-47-1/47-1a-1008·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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.
The individual or individuals designated by the court shall deliver to the Office of 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.
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.