(a) Before the first issuance of shares of a class or series established or increased or decreased by resolution adopted by the board of directors of an investment company under § 21.652, and to delete from the investment company’s certificate of formation a class or series of shares and all references to the class or series contained in the certificate of formation, the investment company shall file with the secretary of state a statement that contains:
(1) the name of the investment company;
(2) if the statement relates to the establishment of a class or series of shares, a copy of the resolution establishing and designating the class or series or establishing and designating the class or series and setting and determining the preferences, limitations, and relative rights of the class or series;
(3) if the statement relates to an increase or decrease in the number of shares of a class or series, a copy of the resolution setting and determining the new number of shares of each class or series in which the number of shares is increased or decreased;
(4) if the statement relates to the deletion of a class or series of shares and all references to the class or series from the certificate of formation, a copy of the resolution deleting the class or series and all references to the class or series from the certificate of formation;
(5) the date of adoption of the resolution; and
(6) a statement that the resolution was adopted by all necessary action on the part of the investment company.
(b) After the statement described by Subsection (a) is filed, a resolution adopted under § 21.652 becomes an amendment of the certificate of formation. An amendment of the certificate of formation described under this section is not subject to the procedure to amend the certificate of formation contained in Subchapter B.