Arizona Proposed amendment to the restated certificate of incorporation to authorize preferred stock
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How to fill out Proposed Amendment To The Restated Certificate Of Incorporation To Authorize Preferred Stock?
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FAQ
Amendment deeds and amendment and restatement deeds are different ways of making changes to existing contracts. An amendment and restatement deed adds information and detail to an entire agreement. Yet, an amendment deed simply amends the existing content.
An Amended and Restated Certificate of Incorporation is a legal document filed with the Secretary of State that restates, integrates, and adjusts the startup's initial Articles of Incorporation (i.e. the company's Charter).
What is Amended and Restated? ?Amended? means that the document has ?changed?? that someone has revised the document. ?Restated? means ?presented in its entirety?, ? as a single, complete document. ingly, ?amended and restated? means a complete document into which one or more changes have been incorporated.
A corporation restating its Articles of Incorporation must submit to the Arizona Corporation Commission both the Restated Articles and a Certificate setting forth certain required information about how the Restated Articles were approved by the corporation. See A.R.S. § 10-11007.
Thus, an amended and restated document includes all past amendments executed up to the date of the amended and restated agreement. The purpose of the amended and restated agreement is to simplify reading of the document, as one does not need to read the original document side-by-side with all subsequent amendments.
There may be a number of these over time and, in more complex and long-running transactions, it is common at some point for the original facility agreement with its changes to be ?amended and restated? ? in other words, consolidated and contained in a single document. That is as much for ease of reading as anything.