15A:9-6 - Abandonment of amendment or restated certificate
15A:9-6.Ā Abandonment of amendment or restated certificate
Prior to the effective date of an amendment of a certificate of incorporation or of a restated certificate for which the approval of members isĀ required by this act, the amendment or the restated certificate may be abandoned pursuant to provisions therefor, if any, set forth in the resolution of the members approving the amendment or the restated certificate or in any resolution subsequently adopted by the members. Prior to the effective date of an amendment of a certificate of incorporation or of a restated certificate forĀ which the approval of members is not required by this act, the amendment orĀ restated certificate may be abandoned pursuant to provisions therefor, if any,Ā set forth in the resolution of the trustees approving the amendment or theĀ restated certificate, or in any resolution subsequently adopted by the board. If a certificate of amendment or a restated certificate has been filed in the office of the Secretary of State prior to the abandonment, an original and a copy of a certificate of abandonment shall be filed in the office of the Secretary of State.Ā The certificate shall state that the amendment or the restated certificate has been abandoned in accordance with the provisions setĀ forth in the resolution therefor and shall specify whether the resolution wasĀ adopted by the board or the members and the date of adoption of the resolution. The Secretary of State shall forward the copy to the Attorney General.
L.1983, c. 127, s. 15A:9-6, eff. Oct. 1, 1983.
Prior to the effective date of an amendment of a certificate of incorporation or of a restated certificate for which the approval of members isĀ required by this act, the amendment or the restated certificate may be abandoned pursuant to provisions therefor, if any, set forth in the resolution of the members approving the amendment or the restated certificate or in any resolution subsequently adopted by the members. Prior to the effective date of an amendment of a certificate of incorporation or of a restated certificate forĀ which the approval of members is not required by this act, the amendment orĀ restated certificate may be abandoned pursuant to provisions therefor, if any,Ā set forth in the resolution of the trustees approving the amendment or theĀ restated certificate, or in any resolution subsequently adopted by the board. If a certificate of amendment or a restated certificate has been filed in the office of the Secretary of State prior to the abandonment, an original and a copy of a certificate of abandonment shall be filed in the office of the Secretary of State.Ā The certificate shall state that the amendment or the restated certificate has been abandoned in accordance with the provisions setĀ forth in the resolution therefor and shall specify whether the resolution wasĀ adopted by the board or the members and the date of adoption of the resolution. The Secretary of State shall forward the copy to the Attorney General.
L.1983, c. 127, s. 15A:9-6, eff. Oct. 1, 1983.