§ 23-1-38-6 — Filing articles of amendment

Indiana § 23-1-38-6

• Jurisdiction: Indiana
• Title 23: BUSINESS AND OTHER ASSOCIATIONS
• Art. 1: INDIANA BUSINESS CORPORATION LAW
• Ch. 38: Amendment of Articles of Incorporation

Text

(a) A corporation amending its articles of
incorporation shall deliver to the secretary of state for filing articles of
amendment setting forth:
(1) the name of the corporation;
(2) the text of each amendment adopted;
(3) if an amendment provides for an exchange, reclassification, or
cancellation of issued shares, provisions for implementing the
amendment if not contained in the amendment itself;
(4) the date of each amendment's adoption;
(5) if an amendment was adopted by the incorporators or board of
directors without shareholder action, a statement to that effect and
that shareholder action was not required;
(6) if an amendment was approved by the shareholders:
(A) the designation, number of outstanding shares, number of
votes entitled to be cast by each voting group entitled to vote
separately on the amendment, and number of votes of each
voting group represented at the meeting;
(B) either the total number of votes cast for and against the
amendment by each voting group entitled to vote separately on
the amendment or the total number of votes cast for the
amendment by each voting group and a statement that the
number cast for the amendment by each voting group was
sufficient for approval by that voting group.
(b) If a corporation amends its articles of incorporation to change its
corporate name, it may, after the amendment has become effective, file
for record with the county recorder of each county in Indiana in which
it has real property at the time the amendment becomes effective a
file-stamped copy of the articles of amendment. The validity of a
change in name is not affected by a corporation's failure to record the
articles of amendment.

Legislative History

As added by P.L.149-1986, SEC.22.