Indiana § 23-0.6-5-4 Amendment or abandonment of plan of domestication; articles of
abandonment; contents

Indiana Statutes

§ 23-0.6-5-4 — Amendment or abandonment of plan of domestication; articles of abandonment; contents

Indiana § 23-0.6-5-4

Title 23BUSINESS AND OTHER ASSOCIATIONS

Art. 0.6UNIFORM BUSINESS ORGANIZATION

Ch. 5Domestication

This text of Indiana § 23-0.6-5-4 (Amendment or abandonment of plan of domestication; articles of abandonment; contents) 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 § 23-0.6-5-4 (2026).

Text

(a)A plan of domestication of a domestic domesticating 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 its 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 domestication 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, money, other property, rights to acquire interests or securities, or any combination of the foregoing, to be received by any of the interest holders of the domesticating entity under the plan;

(B)the public organic record, if any, or private organic rules of

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(a) A plan of domestication of a domestic
domesticating 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 its 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 domestication 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,
money, other property, rights to acquire interests or securities,
or any combination of the foregoing, to be received by any of
the interest holders of the domesticating entity under the plan;
(B) the public organic record, if any, or private organic rules of
the domesticated entity that will be in effect immediately after
the domestication becomes effective, except for changes that do
not require approval of the interest holders of the domesticated
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 domestication has been approved by a domestic
domesticating entity and before articles of domestication becomes
effective, the plan may be abandoned as provided in the plan. Unless
prohibited by the plan, a domestic domesticating entity may abandon
the plan in the same manner as the plan was approved.
(c) If a plan of domestication is abandoned after articles of
domestication have been delivered to the secretary of state for filing,
articles of abandonment, signed by the entity, must be delivered to the
secretary of state for filing before the time the articles of domestication
become effective. The articles of abandonment take effect on filing,
and the domestication is abandoned and does not become effective.
Articles of abandonment must contain:
(1) the name of the domesticating entity;
(2) the date on which articles of domestication were filed by the
secretary of state; and
(3) a statement that the domestication has been abandoned in
accordance with this section.