This is a "Restated Certificate of Incorporation" for a business incorporated in Delaware. It amends and restates the original certificate of incorporation.
District of Columbia Restated Certificate of Incorporation
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US-TC0212
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How to fill out Restated Certificate Of Incorporation?
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FAQ
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).
The constituent corporations may merge into a single surviving corporation, which may be any 1 of the constituent corporations, or they may consolidate into a new resulting corporation formed by the consolidation, which may be a corporation of the jurisdiction of organization of any 1 of the constituent corporations, ...
To make amendments to your Delaware Stock Corporation, you submit the completed State of Delaware Certificate of Amendment of Certificate of Incorporation form to the Department of State by mail, fax or in person, along with the filing fee and the Filing Cover Memo. Non-stock corporations use a separate amendment form.
To form a Delaware corporation, one must file a Certificate of Incorporation with the State. The Certificate of Incorporation (the ?Certificate?) is the foundation upon which a Delaware corporation is built.
One of the benefits of incorporating a company in Delaware is the flexibility of the corporate structure. With stock amendments, you can increase or decrease the number of shares your Delaware company has authorized; you can also add or remove classes of stock and/or modify the par value of the stock.
6See DGCL 141(f) (?Any action required or permitted to be taken at any meeting of the board of directors or any committee thereof may be taken without a meeting if all members of the board or committee, as the case may be, consent thereto in writing, or by electronic transmission.?) (Italics added).
Section 242 of the DGCL governs the procedures by which a corporation may amend its certificate of corporation, or charter, and generally requires approval by (a) the board of directors and (b) holders of a majority in voting power of the outstanding stock entitled to vote thereon and by the holders of a majority in ...
Section 242(b)(1) provides that an amendment to a corporation's charter requires a majority of the outstanding stock entitled to vote approve the amendment.