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Proposals to Amend Restated Certificate and Bylaws with Exhibits

Wayne Michigan Proposals to Amend Restated Certificate and Bylaws with Exhibits

Name: Wayne Michigan Proposals to Amend Restated Certificate and Bylaws with Exhibits
Brand: US Legal Forms
Rating: 4.69 (325 reviews)

Category:

Corporations - Public - Anti-takeover

State:

Multi-State

County:

Wayne

Control #:

US-CC-13-274L

Format:

Instant download

Description

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

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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.

A corporation can amend or add as many articles as necessary in one amendment. The original incorporators cannot be amended. If amending/adding officers/directors, list titles and addresses for each officer/director.

Corporations that, in separate filings, have amended sections of the original Articles of Incorporation, can use the Restated Articles of Incorporation (Form DC-4) to restate the entire articles of incorporation so that there is only one document to reference in the future.

Restated Charter means the amended and restated certificate or articles of incorporation of the Company, as in effect at the time of determination, including any certificates of designation or articles of amendment.

Amended means changed, i.e., that someone has revised the document. Restated means presented in its entirety, i.e., as a single, complete document. Accordingly, amended and restated means a complete document into which one or more changes have been incorporated.

Furthermore, the names of the incorporators, the first set of directors and subscribers, the initial treasurer, their original subscription and the place and date of execution of the first Articles of Incorporation cannot be amended.

Changing articles of incorporation often means changing things like agent names, the businesses operating name, addresses, and stock information. The most common reason that businesses change the articles of incorporation is to change members' information.

Corporate names included in articles of incorporation cannot include words or phrases that imply a purpose other than that identified in the document....In most states, the official name must also include one of the following words: Corporation. Incorporated. Company.

A corporation may restate in a single certificate the entire text of its articles as amended by filing an officers' certificate or, in circumstances where incorporators or the board may amend a corporation's articles pursuant to California Corporations Code sections 901 and 906, a certificate signed and verified by a

Restated Certificate of Incorporation means the certificate of incorporation of the Company, restated and filed pursuant to the Plan and including the Preferred Stock Certificate of Designation.

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Wayne Michigan Proposals to Amend Restated Certificate and Bylaws with Exhibits

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FAQ

Can Articles of Incorporation be changed?

What Cannot be amended in the Articles of Incorporation?

What are amended and Restated Articles of Incorporation?

What is an amended and Restated Charter?

What is the difference between amending and restating Articles of Incorporation?

Which provision in the Articles of Incorporation Cannot be amended?

Why do you amend Articles of Incorporation?

What Cannot be included in the Articles of Incorporation?

How do you restate Articles of Incorporation?

What is a restated certificate?

Interesting Questions

What are the Wayne Proposals about?

Why does Wayne need to amend the Restated Certificate and Bylaws?

What changes do the Wayne Proposals aim to make?

Who is responsible for proposing these amendments?

Do the amendments affect all aspects of Wayne's operations?

How will these amendments benefit Wayne?

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