(a) An amendment to a certificate of formation takes effect when the filing of the certificate of amendment takes effect as provided by Article 4.
(b) An amendment to a certificate of formation does not affect:
(1) an existing cause of action in favor of or against the entity for which the certificate of amendment is sought;
(2) a pending suit to which the entity is a party; or
(3) an existing right of a person other than an existing owner.
(c) If the name of an entity is changed by amendment, an action brought by or against the entity in the former name of the entity does not abate because of the name change.
Structure Code of Alabama
Title 10A - Alabama Business and Nonprofit Entities Code.
Chapter 1 - General Provisions.
Article 3 - Formation and Governance.
Division B - Amendments and Restatements of Certificate of Formation.
Section 10A-1-3.11 - Right to Amend Certificate of Formation.
Section 10A-1-3.12 - Procedures to Amend Certificate of Formation.
Section 10A-1-3.13 - Certificate of Amendment.
Section 10A-1-3.14 - Effect of Filing Certificate of Amendment.
Section 10A-1-3.15 - Right to Restate Certificate of Formation.
Section 10A-1-3.16 - Procedures to Restate Certificate of Formation.
Section 10A-1-3.17 - Restated Certificate of Formation.
Section 10A-1-3.18 - Effect of Filing of Restated Certificate of Formation.