35-2-227. Amendment pursuant to judicial reorganization. (1) A corporation's articles may be amended without board approval, approval by the members, or approval required pursuant to 35-2-232 if necessary to carry out a plan of reorganization ordered or decreed by a court of competent jurisdiction under federal statute if the articles, after amendment, contain only provisions required or permitted by 35-2-213.
(2) The individual or individuals designated by the court shall deliver to the secretary of state, for filing, articles of amendment setting forth:
(a) the name of the corporation;
(b) the text of each amendment approved by the court;
(c) the date of the court's order or decree approving the articles of amendment;
(d) the title of the reorganization proceeding in which the order or decree was entered; and
(e) a statement that the court had jurisdiction of the proceeding under federal 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.
History: En. Sec. 116, Ch. 411, L. 1991.
Structure Montana Code Annotated
Title 35. Corporations, Partnerships, and Associations
Chapter 2. Nonprofit Corporations
Part 2. Formation -- Articles of Incorporation Bylaws -- Amendments
35-2-213. Articles of incorporation
35-2-215. Liability for preincorporation transactions
35-2-216. Organization of corporation
35-2-218. Emergency bylaws and powers
35-2-219. and 35-2-220 reserved
35-2-222. Amendment by directors
35-2-223. Amendment by directors and members
35-2-224. Class voting by members on amendments
35-2-225. Articles of amendment
35-2-226. Restated articles of incorporation
35-2-227. Amendment pursuant to judicial reorganization
35-2-228. Effect of amendment and restatement
35-2-229. Amendment by directors
35-2-230. Amendment by directors and members
35-2-231. Class voting by members on amendments
35-2-232. Approval by third persons
35-2-233. Amendment terminating members or redeeming or canceling memberships