Montana Code 35-14-1008. Amendment pursuant to reorganization
35-14-1008. Amendment pursuant to reorganization. (1) A corporation‘s articles of incorporation may be amended without action by the board of directors or shareholders to carry out a plan of reorganization ordered or decreed by a court of competent jurisdiction under the authority of a law of the United States.
Terms Used In Montana Code 35-14-1008
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
- Statute: A law passed by a legislature.
- United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
(2)The individual or individuals designated by the court shall deliver to the secretary of state for filing articles of amendment setting forth:
(a)the name of the corporation;
(b)the text of each amendment approved by the court;
(c)the date of the court’s order or decree approving the articles of amendment;
(d)the title of the reorganization proceeding in which the order or decree was entered; and
(e)a statement that the court had jurisdiction of the proceeding under federal statute.
(3)This section does not apply after entry of a final decree in the reorganization proceeding even though the court retains jurisdiction of the proceeding for limited purposes unrelated to consummation of the reorganization plan.