§414D-185 - Amendment pursuant to judicial reorganization. - Hawaii Statutes

     [§414D-185]  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 section 414D‑188 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 section 414D‑32.

     (b)  The individual or individuals designated by the court shall deliver to the department director 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 shall 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. [L 2001, c 105, pt of §1]