§ 393.831 — Articles of incorporation, amendment requirements.

Missouri § 393.831

• Jurisdiction: Missouri
• Title XXV: INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
• Ch. 393: Gas, Electric, Water, Heating and Sewer Companies

Text

A company may amend its articles of incorporation by complying with the following requirements:

(1)  The proposed amendment shall be first approved by the board of directors and shall then be submitted to a vote of the members at any annual or special meeting thereof, the notice of which shall set forth the proposed amendment.  The proposed amendment, with such changes as the members shall choose to make therein, shall be deemed to be approved on the affirmative vote of not less than two-thirds of those members voting thereon at such meeting; and

(2)  (a)  Upon such approval by the members, articles of amendment shall be executed and acknowledged in duplicate on behalf of the company by its president or vice president and its corporate seal shall be affixed thereto and attested by its secretary.  The articles of amendment shall recite in the caption that they are executed pursuant to sections 393.825 to 393.861 and section 393.175 and shall state:

a.  The name of the company;

b.  The address of its principal office;

c.  The date of the filing of its articles of incorporation in the office of the secretary of state; and

d.  The amendment to its articles of incorporation;

(b)  The president or vice president executing such articles of amendment shall also make and annex to each copy thereof an affidavit stating that the provisions of sections 393.825 to 393.861 and section 393.175 were duly complied with;

(c)  Such articles of amendment and affidavit shall be submitted to the secretary of state for filing.

Legislative History

(L. 1997 2d Ex. Sess. H.B. 1 merged with S.B. 3) Effective 12-23-97