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4-33-1007. Amendment pursuant to judicial reorganization.
Arkansas Code — all titles (historical 2020) · legal_authorities
4-33-1007. Amendment pursuant to judicial reorganization.
(a) A corporation's articles may be amended without board approval or approval by the members or approval required pursuant to § 4-33-1030 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 § 4-33-202.
(b) The individual or individuals designated by the court shall deliver to the Secretary of State 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 statute.
(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.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 4-33-1007
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:4-33-1007
Source file: gov.ar.code.title.04.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 273b2604830b42716c6be4c451663a3e39d30b87ce9c760c492805a190ed905c
Source location: content.xml paragraph 23377
Stored source content
4-33-1007. Amendment pursuant to judicial reorganization.
(a) A corporation's articles may be amended without board approval or approval by the members or approval required pursuant to § 4-33-1030 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 § 4-33-202.
(b) The individual or individuals designated by the court shall deliver to the Secretary of State 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 statute.
(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.
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Arkansas Code — all titles (historical 2020) · legal_authorities
4-33-1030. Approval by third persons.
The articles may require an amendment to the articles or bylaws to be approved in writing by a specified person or persons other than the board. Such an article provision may only be amended with the approval in writing of such person or persons.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 4-33-1030
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 4-33-1030. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
4-33-202. Articles of incorporation.
(a) The articles of incorporation must set forth:
(1) a corporate name for the corporation that satisfies the requirements of § 4-33-401;
(2) one (1) of the following statements:
(i) this corporation is a public benefit corporation;
(ii) this corporation is a mutual benefit corporation; or
(iii) this corporation is a religious corporation.
(3) the information required by § 4-20-105(a);
(4) the name and address of each incorporator;
(5) whether or not the corporation will have members;
(6) provisions not inconsistent with law regarding the distribution of assets on dissolution; and
(7) if converting to a nonprofit corporation from another form of entity, then the articles of incorporation shall include:
(A) a statement that the corporation:
(i) is a nonprofit corporation; and
(ii) has converted under the Arkansas Nonprofit Corporation Act of 1993, § 4-33-101 et seq.;
(B)(i) a description of the treatment of shares of stock.
(ii) the description of the treatment of shares of stock:
(a) may provide for the repurchase or exchange of shares of stock for certificates of membership if the corporation has members, and if the shares are repurchased, then the nonprofit corporation shall cancel the shares; or
(b) shall provide that the shares of stock be canceled by the board of directors if the corporation does not have members; and
(C) a statement that the Internal Revenue Service has been notified or will be notified within a reasonable time of the conversion and federal regulations were followed regarding the conversion.
(b) The articles of incorporation may set forth:
(1) the purpose or purposes for which the corporation is organized, which may be, either alone or in combination with other purposes
Source: Arkansas Code — historical release 78 (November 6, 2020) · 4-33-202
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 4-33-202. This identifies an authority to review, not proof of applicability.