Title 10 - Corporations and Associations

Chapter 33, Amendment of Articles of Incorporation and Bylaws - Nonprofit Corporations , Sec. 10-11001-10-11031

Amendment pursuant to reorganization

Article 1, Articles of Incorporation, § 10-11008

Source: Arizona Revised Statutes

  1. A corporation’s articles may be amended pursuant to this section without action by the board of directors or members or approval required pursuant to section 10-11030 to carry out a plan of reorganization ordered or decreed by a court of competent jurisdiction under a federal statute or a statute of this state if the articles of incorporation after amendment contain only provisions required or permitted by section 10-3202.
  2. Before the date of entry of a final decree in the reorganization proceeding, the individual or individuals designated by the court plan shall deliver to the commission articles of amendment setting forth all of the following:
    1. The name of the corporation.
    2. The text of each amendment contained in the plan of reorganization.
    3. The date of the court’s order or decree confirming the plan of reorganization containing the articles of amendment.
    4. The title of the reorganization proceeding in which the order or decree was entered.
    5. A statement that the court had jurisdiction of the proceeding under federal or state 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.
  4. Within sixty days after the commission approves the filing, either of the following must occur:
    1. A copy of the articles of amendment shall be published. An affidavit evidencing the publication may be filed with the commission.
    2. The commission shall input the information regarding the approval into the database as prescribed by section 10-130.

Also in: Chapter 33, Sec. 10-11001-10-11031

View all Nonprofit Corporation Act statutes.

Source: This content is sourced from the online version of the Arizona Revised Statutes located at www.azleg.gov.

Disclaimer: These statutes are provided as a courtesy by CHDB Law LLP. CHDB Law cannot guarantee that the statutes set forth on the website or in our published guide will not be found to be defective by a court or other tribunal after the date the books or online material are published. The HOA Knowledge Base does not attempt to include every statute that could apply to a community association issue. There may be other statutes or applicable laws that have a bearing on a particular legal issue confronted by a community association. These statutes are provided as a reference only. If a particular legal issue is confronted by a community association, the association should seek legal advice from competent attorneys.

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