US Laws, Codes, Statutes & Cases

§32.  Articles of amendment, contents and filing

A.  After an amendment has been duly adopted as provided in R.S. 12:31, articles of amendment setting forth the amendment, the date and manner of adoption thereof, and the number of shares of each class or series represented at the meeting and voted for and against the amendment, and containing such recitals as may be required by R.S. 12:54, shall be executed in the corporation's name by an officer of the corporation.  The articles of amendment shall be acknowledged by the officer who signed them, or may instead be in the form of an authentic act.

B.  The articles of amendment shall be filed with the secretary of state.  Articles of amendment may be delivered to the secretary of state for filing as of any specified date, and, if specified upon such delivery, as of any given time on such date, within thirty days after the date of delivery.  When all taxes, fees, and charges have been paid as required by law, the secretary of state shall record the articles of amendment in his office, and endorse thereon the date and, if requested, the hour of the filing thereof with him.  Thereupon, the amendment shall be effective as of the date and, if endorsed on the articles of amendment, the hour of filing with the secretary of state, except that, if the articles of amendment were so filed within five days, exclusive of legal holidays, after acknowledgment thereof or execution thereof as an authentic act, the amendment shall be effective as of the time of the acknowledgment or execution.

C.  A multiple original of the articles of amendment, or a copy certified by the Secretary of State, shall thereafter be filed for record in the office of the recorder of mortgages of the parish in which the registered office of the corporation is located.

Acts 1968, No. 105, §1.  Amended by Acts 1977, No. 408, §1; Acts 1999, No. 342, §5; Acts 2001, No. 1187, §1.