State Codes and Statutes

Statutes > Tennessee > Title-43 > Chapter-38 > Part-4 > 43-38-405

43-38-405. Court ordered plan of reorganization.

(a)  A cooperative's articles may be amended without action by the board of directors or members to carry out a plan of reorganization ordered or decreed by a court of competent jurisdiction under federal statute, if the articles after amendment contain only provisions required or permitted by § 43-38-203.

(b)  The individual or individuals designated by the court shall deliver to the secretary of state for filing articles of amendment setting forth:

     (1)  The name of the cooperative;

     (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)  Members of a cooperative 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 proceedings, even though the court retains jurisdiction of the proceeding for limited purposes unrelated to consummation of the reorganization plan.

[Acts 2004, ch. 534, § 9.]  

State Codes and Statutes

Statutes > Tennessee > Title-43 > Chapter-38 > Part-4 > 43-38-405

43-38-405. Court ordered plan of reorganization.

(a)  A cooperative's articles may be amended without action by the board of directors or members to carry out a plan of reorganization ordered or decreed by a court of competent jurisdiction under federal statute, if the articles after amendment contain only provisions required or permitted by § 43-38-203.

(b)  The individual or individuals designated by the court shall deliver to the secretary of state for filing articles of amendment setting forth:

     (1)  The name of the cooperative;

     (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)  Members of a cooperative 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 proceedings, even though the court retains jurisdiction of the proceeding for limited purposes unrelated to consummation of the reorganization plan.

[Acts 2004, ch. 534, § 9.]  


State Codes and Statutes

State Codes and Statutes

Statutes > Tennessee > Title-43 > Chapter-38 > Part-4 > 43-38-405

43-38-405. Court ordered plan of reorganization.

(a)  A cooperative's articles may be amended without action by the board of directors or members to carry out a plan of reorganization ordered or decreed by a court of competent jurisdiction under federal statute, if the articles after amendment contain only provisions required or permitted by § 43-38-203.

(b)  The individual or individuals designated by the court shall deliver to the secretary of state for filing articles of amendment setting forth:

     (1)  The name of the cooperative;

     (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)  Members of a cooperative 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 proceedings, even though the court retains jurisdiction of the proceeding for limited purposes unrelated to consummation of the reorganization plan.

[Acts 2004, ch. 534, § 9.]