Delaware Amendment of Amended and Restated Bylaws
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How to fill out Amendment Of Amended And Restated Bylaws?
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FAQ
Does Delaware require corporate bylaws? Though Delaware statutes frequently imply the existence of bylaws, they don't explicitly say they're required. (For example, DE Code § 109 states that bylaws ?may be adopted.?) But bylaws are essential for a well-functioning corporation.
(a) A corporation may, whenever desired, integrate into a single instrument all of the provisions of its certificate of incorporation which are then in effect and operative as a result of there having theretofore been filed with the Secretary of State 1 or more certificates or other instruments pursuant to any of the ...
Amendments to Section 242 of the DGCL, which governs the requirements to amend the certificate of incorporation of a Delaware corporation, were implemented to address, in part, recent issues encountered by public corporations in securing the stockholder vote required to approve a reverse or forward stock split.
Notwithstanding the foregoing, any corporation may, in its certificate of incorporation, confer the power to adopt, amend or repeal bylaws upon the directors or, in the case of a nonstock corporation, upon its governing body.
Delaware corporations have to submit a completed Certificate of Amendment of Certificate of Incorporation form to the Department of State. You can file through mail, in person, or by fax. Attach the Filing Cover Memo and include the $194 filing fee.
After a corporation other than a nonstock corporation has received any payment for any of its stock, the power to adopt, amend or repeal bylaws shall be in the stockholders entitled to vote. In the case of a nonstock corporation, the power to adopt, amend or repeal bylaws shall be in its members entitled to vote.
Are Delaware bylaws public? Your bylaws are not required to be filed with the Delaware Secretary of State and are therefore not considered public information. However, if a corporation is required to disclose its bylaws pursuant to SEC rules or other applicable law, they will be made available to the public.
§ 243. Retirement of stock. (a) A corporation, by resolution of its board of directors, may retire any shares of its capital stock that are issued but are not outstanding.