10-11008. Amendment pursuant to
reorganization
A. A corporation's articles may be amended pursuant to this section without action
by the board of directors or members or approval required pursuant to section 10-11030 to
carry out a plan of reorganization ordered or decreed by a court of competent
jurisdiction under a federal statute or a statute of this state if the articles of
incorporation after amendment contain only provisions required or permitted by section
10-3202.
B. Before the date of entry of a final decree in the reorganization proceeding, the
individual or individuals designated by the court plan shall deliver to the commission
articles of amendment setting forth all of the following:
1. The name of the corporation.
2. The text of each amendment contained in the plan of reorganization.
3. The date of the court's order or decree confirming the plan of reorganization
containing 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 or
state 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.
D. Within sixty days after the commission approves the filing, a copy of the
articles of amendment shall be published. An affidavit evidencing the publication may be
filed with the commission.
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