2018 Indiana Code
TITLE 23. Business and other Associations
ARTICLE 17. NONPROFIT CORPORATIONS
CHAPTER 17. Amendment of Articles of Incorporation
23-17-17-10. Amendment of articles of incorporation to carry out reorganization plan

Universal Citation: IN Code § 23-17-17-10 (2018)
IC 23-17-17-10 Amendment of articles of incorporation to carry out reorganization plan

     Sec. 10. (a) A corporation's articles of incorporation may be amended without approval:

(1) of the board of directors;

(2) by the members; or

(3) as required by section 1 of this chapter;

to carry out a plan of reorganization ordered by a court of competent jurisdiction under federal statute if the articles of incorporation after amendment contain only provisions required or permitted under IC 23-17-3-2.

     (b) An individual designated by a court shall deliver to the secretary of state articles of amendment setting forth the following:

(1) The name of the corporation.

(2) The text of each amendment approved by the court.

(3) The date of the court's order or decree approving the articles of amendment.

(4) The title of the reorganization proceeding in which the order or decree was entered.

(5) A statement that the court had jurisdiction of the proceeding under federal statute.

     (c) This section does not apply after entry of a final decree in the reorganization proceeding even though the court retains jurisdiction of the proceeding for limited purposes unrelated to consummation of the reorganization plan.

As added by P.L.179-1991, SEC.1. Amended by P.L.1-1992, SEC.125.

 

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