Arkansas Action by Unanimous Consent of Shareholders in Lieu of Meeting - Amending Bylaws

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A Shareholders' Consent to Action without Meeting, or a consent resolution, is a written statement that describes and validates a course of action taken by the shareholders of a particular corporation without a meeting having to take place between the shareholders. The Revised Model Business Corporation Act provides that acts to be taken at a shareholders' meeting or a director's meeting may be taken without a meeting if the action is taken by all the shareholders entitled to vote on the action. The action must be evidenced by one or more written consents bearing the date of signature and describing the action taken, signed by all the shareholders entitled to vote on the action, and delivered to the corporation for inclusion in the minutes or filing with the corporate records.

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FAQ

Any action to be taken by Shareholders may be taken without a meeting if (a) all Shareholders entitled to vote on the matter consent to the action in writing, (b) all Shareholders entitled to notice of the meeting but not entitled to vote at it sign a written waiver of any right to dissent, and (c) the written consents ...

Bylaws. (a) The incorporators or board of directors of a corporation shall adopt bylaws for the corporation. (b) The bylaws may contain any provision for regulating and managing the affairs of the corporation that is not inconsistent with law or the articles of incorporation.

The MBCA offers an opportunity for states to bring about uniformity in the corporate laws so that it becomes easier for corporations to operate in multiple states. In addition to legal uniformity, it promotes the use of identical terminology in different state laws, making it easier to interpret.

Pennsylvania Business Corporation Law of 1988 defines Corporation or Domestic Corporation as a corporation incorporated for profit under the rules of the Commonwealth of Pennsylvania. One or more corporations for profit or not-for-profit or natural persons of full age may incorporate a business corporation.

The 1987 Act establishes simple and flexible corporate character- istics and requires the affirmative election of restrictive characteris- tics. The 1965 Act is considerably more prescriptive as to corporate characteristics.

The Arkansas Nonprofit Corporation Act of 19931 (hereinafter the "Act") creates a comprehensive corporate code which applies to all Arkansas nonprofit corporations incorporated after 1993.2 Nonprofits chartered before 1994 may elect to become subject to the provisions of the Act by amending their articles of ...

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Arkansas Action by Unanimous Consent of Shareholders in Lieu of Meeting - Amending Bylaws