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Approval of Amendments to Restated Certificate of Incorporation with...

Certificate Incorporation Amendment

Name: Approval of Amendments to Restated Certificate of Incorporation with amendment
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.67 (380 reviews)

Category:

Corporations - Public - Anti-takeover

State:

Multi-State

Control #:

US-CC-13-118B

Format:

Instant download

Description Restated Certificate Incorporation

This is a multi-state form covering the subject matter of the title.

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How to fill out Approval Of Amendments To Restated Certificate Of Incorporation With Amendment?

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FAQ

Amendments can be made to a Delaware corporation's original Certificate of Incorporation by filing a Certificate of Amendment with the Division of Corporations. This filing is in accordance with the General Corporation Law of the State of Delaware. There is a fee for the Delaware Corporation Certificate of Amendment.

Depending on the state in which the business is incorporated, unanimous agreement from all the shareholders may be required to change the articles of incorporation. Most states have changed this older, common law rule, and now only require a majority of shareholders to agree to change the articles of incorporation.

That the articles of incorporation or any amendment thereto is not substantially in accordance with the form prescribed herein; 2. That the purpose or purposes of the corporation are patently unconstitutional, illegal, immoral, or contrary to government rules and regulations; 3.

Sometimes, however, only some shareholders can vote. In some states, officers or directors may change the articles of incorporation even if only these voting shareholders have concluded that they want to make changes. In other states, the shareholders may not even need to approve the change.

Obtain articles of amendment of the articles of incorporation (sometimes called the certificate of amendment of articles of incorporation) from your state's Secretary of State. Obtain a copy of the original articles of incorporation. Propose the change in the articles of incorporation to the Board of Directors.

The easiest way to amend the Articles is to draft, adopt, and file a Certificate of Amendment of Articles of Incorporation. For a name change only, the Secretary of State offers a simple form that can be used. A Certificate of Amendment may be appropriate for minor other changes.

Adopt a corporate resolution to amend the certificate of incorporation. Delaware law requires that changes to the certificate must be supported by a majority vote of the shareholders. Call a meeting of the board of directors and present the proposed change for discussion. Vote on the change.

Certificate of Increase of Capital Stock signed by majority of the directors and certified by Chairman and Corporate Secretary of the stockholders meeting. Treasurer's Affidavit certifying the increase of capital stock, the amount subscribed and the amount received as payment thereto.

Unless otherwise prescribed by this Code or by special law, and for legitimate purposes, any provision or matter stated in the articles of incorporation may be amended by a majority vote of the board of directors or trustees and the vote or written assent of the stockholders representing at least two-thirds (2/3) of

Certificate Incorporation Amendment

Description Restated Certificate Incorporation

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