§414-288 - Amendment pursuant to reorganization.
[§414-288] Amendment pursuant to
reorganization. (a) A corporation's articles of incorporation may be
amended without action by the board of directors or shareholders to carry out a
plan of reorganization ordered or decreed by a court of competent jurisdiction
under federal statute, if the articles of incorporation after amendment contain
only provisions required or permitted by section 414-32.
(b) The individual or individuals designated
by the court shall deliver to the department director for filing articles of
amendment setting forth:
(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; and
(5) A statement that the court had jurisdiction of
the proceeding under federal statute.
(c) Shareholders of a corporation undergoing
reorganization do not have dissenters' rights except as and to the extent
provided in the reorganization plan.
(d) 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. [L 2000, c 244, pt of §1]