(a) A corporation's articles of incorporation may be amended without action by the board of directors or the members to carry out a plan of reorganization ordered or decreed by a court of competent jurisdiction under federal statute if the articles of incorporation after amendment contains only provisions required or permitted by section two hundred two, article two of this chapter.
(b) The individual or individuals designated by the court shall deliver to the Secretary of State for filing articles of amendment setting forth:
(1) The name of the corporation;
(2) The text of each amendment approved by the court;
(3) The date of the court's order or decree approving the articles of amendment;
(4) The title of the reorganization proceeding in which the order or decree was entered; and
(5) A statement that the court had jurisdiction of the proceeding under federal law.
(c) 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.
Structure West Virginia Code
Chapter 31E. West Virginia Nonprofit Corporation Act
Article 10. Amendment of Articles of Incorporation and Bylaws
§31E-10-1001. Authority to Amend
§31E-10-1002. Certain Amendments by Board of Directors
§31E-10-1003. Amendment by Board of Directors and Members
§31E-10-1004. Amendment by Incorporators
§31E-10-1005. Articles of Amendment
§31E-10-1006. Restated Articles of Incorporation
§31E-10-1007. Amendment Pursuant to Reorganization
§31E-10-1008. Effect of Amendment
§31E-10-1020. Amendment by Board of Directors or Members
§31E-10-1021. Bylaw Increasing Quorum or Voting Requirement for Directors
§31E-10-1022. Bylaw Increasing Quorum or Voting Requirement for Members