Indiana § 23-0.6-3-4 Amendment or abandonment of plan of interest exchange

Indiana Statutes

§ 23-0.6-3-4 — Amendment or abandonment of plan of interest exchange

Indiana § 23-0.6-3-4

Title 23BUSINESS AND OTHER ASSOCIATIONS

Art. 0.6UNIFORM BUSINESS ORGANIZATION

Ch. 3Interest Exchange

This text of Indiana § 23-0.6-3-4 (Amendment or abandonment of plan of interest exchange) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 23-0.6-3-4 (2026).

Text

(a)A plan of interest exchange of a domestic acquired entity may be amended:

(1)in the same manner as the plan was approved, if the plan does not provide for the manner in which it may be amended; or

(2)by the governing persons or interest holders of the entity in the manner provided in the plan, but an interest holder that was entitled to vote on or consent to approval of the interest exchange is entitled to vote on or consent to any amendment of the plan that will change:

(A)the amount or kind of interests, securities, obligations, rights to acquire interests or securities, cash, or other property, or any combination of the foregoing, to be received by any of the interest holders of the acquired entity under the plan;

(B)the public organic document or private organic rules of the ac

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(a) A plan of interest exchange of a domestic
acquired entity may be amended:
(1) in the same manner as the plan was approved, if the plan does
not provide for the manner in which it may be amended; or
(2) by the governing persons or interest holders of the entity in the
manner provided in the plan, but an interest holder that was
entitled to vote on or consent to approval of the interest exchange
is entitled to vote on or consent to any amendment of the plan that
will change:
(A) the amount or kind of interests, securities, obligations,
rights to acquire interests or securities, cash, or other property,
or any combination of the foregoing, to be received by any of
the interest holders of the acquired entity under the plan;
(B) the public organic document or private organic rules of the
acquired entity that will be in effect immediately after the
interest exchange becomes effective, except for changes that do
not require approval of the interest holders of the acquired
entity under its organic law or organic rules; or
(C) any other terms or conditions of the plan, if the change
would adversely affect the interest holder in any material
respect.
(b) After a plan of interest exchange has been approved by a
domestic acquired entity and before articles of interest exchange
become effective, the plan may be abandoned:
(1) as provided in the plan; or
(2) unless prohibited by the plan, in the same manner as the plan
was approved.
(c) If a plan of interest exchange is abandoned after articles of
interest exchange have been filed with the secretary of state, articles of
abandonment, signed on behalf of the acquired entity, must be filed
with the secretary of state before the time the articles of interest
exchange become effective. The articles of abandonment take effect
upon filing, and the interest exchange is abandoned and does not
become effective. The articles of abandonment must contain:
(1) the name of the acquired entity;
(2) the date on which the articles of interest exchange were filed;
and
(3) a statement that the interest exchange has been abandoned in
accordance with this section.