North Dakota Code 10-15-38 – Filing amendments – Limitation of action
1. Amendments to articles must be signed and acknowledged by an officer of the cooperative and set forth:
Terms Used In North Dakota Code 10-15-38
- 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.
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
a. The name of the cooperative.
b. The amendments and date of adoption. c. The number of members.
d. The number of members voting for and against the amendment.
2. One copy of the amendment must be retained in the records of the association, and one copy must be filed in the office of the secretary of state.
3. No amendment may affect any existing claim for relief or proceedings to which the cooperative is a party or existing rights of persons other than members or stockholders.
4. No action may be maintained to invalidate any amendment because of the manner of its adoption unless commenced within two years after the date of filing.
5. A cooperative that amends its name and is the owner of a service mark, trademark, or trade name, is a general partner named in a fictitious name certificate, or is a general partner in a limited partnership which is on file with the secretary of state, must change or amend its name in each registration when it files an amendment.