30-29-1006. ARTICLES OF AMENDMENT. (a) After an amendment to the articles of incorporation has been adopted and approved in the manner required by this chapter and by the articles of incorporation, the corporation shall deliver to the secretary of state for filing articles of amendment, which must set forth:
(1) The name of the corporation;
(2) The text of each amendment adopted or the information required by section 30-29-120(d)(5), Idaho Code;
(3) If an amendment provides for an exchange, reclassification, or cancellation of issued shares, provisions for implementing the amendment if not contained in the amendment itself that may be made dependent upon facts objectively ascertainable outside the articles of amendment in accordance with section 30-29-120(d)(5), Idaho Code;
(4) The date of each amendment’s adoption; and
(5) If an amendment:
(i) Was adopted by the incorporators or board of directors without shareholder approval, a statement that the amendment was duly adopted by the incorporators or by the board of directors, as the case may be, and that shareholder approval was not required;
(ii) Required approval by the shareholders, a statement that the amendment was duly approved by the shareholders in the manner required by this chapter and by the articles of incorporation; or
(iii) Is being filed pursuant to section 30-29-120(d)(5), Idaho Code, a statement to that effect.
(b) Articles of amendment shall take effect at the effective date determined in accordance with section 30-29-123, Idaho Code.
History:
[30-29-1006, added 2015, ch. 243, sec. 65, p. 944; am. 2019, ch. 90, sec. 118, p. 297.]
Structure Idaho Code
Chapter 29 - GENERAL BUSINESS CORPORATIONS
Part 10 - AMENDMENT OF ARTICLES OF INCORPORATION AND BYLAWS
Section 30-29-1001 - AUTHORITY TO AMEND.
Section 30-29-1002 - AMENDMENT BEFORE ISSUANCE OF SHARES.
Section 30-29-1003 - AMENDMENT BY BOARD OF DIRECTORS AND SHAREHOLDERS.
Section 30-29-1004 - VOTING ON AMENDMENTS BY VOTING GROUPS.
Section 30-29-1005 - AMENDMENT BY BOARD OF DIRECTORS.
Section 30-29-1006 - ARTICLES OF AMENDMENT.
Section 30-29-1007 - RESTATED ARTICLES OF INCORPORATION.
Section 30-29-1008 - AMENDMENT PURSUANT TO REORGANIZATION.
Section 30-29-1009 - EFFECT OF AMENDMENT.
Section 30-29-1020 - AUTHORITY TO AMEND.
Section 30-29-1021 - BYLAW INCREASING QUORUM OR VOTING REQUIREMENT FOR DIRECTORS.
Section 30-29-1022 - BYLAW PROVISIONS RELATING TO THE ELECTION OF DIRECTORS.