§ 10A-3A-9.09 — Effect of Amendment to Certificate of Incorporation

Alabama § 10A-3A-9.09

• Jurisdiction: Alabama
• Title 10A: Alabama Business and Nonprofit Entities Code
• Ch. 3A: Alabama Nonprofit Corporation Law
• Art. 9: Amendment of Certificate of Incorporation Laws
• Div. A: Amendment of Certificate of Incorporation

Text

(a) An amendment to the certificate of incorporation does not affect:
(1) a cause of action existing against or in favor of the nonprofit corporation;
(2) a proceeding to which the nonprofit corporation is a party; or
(3) the existing rights of persons other than (i) members of the nonprofit corporation, if any, or (ii) a person or group of persons, if any, specified in the certificate of incorporation as having approval rights under Section 10A-3A-9.30.
(b) An amendment changing a nonprofit corporation’s name does not affect a proceeding brought by or against the nonprofit corporation in its former name.

Legislative History

(Act 2023-503, §1.)