Illinois Compiled Statutes 805 ILCS 5 Business Corporation Act of 1983. Section 10.35

    (805 ILCS 5/10.35) (from Ch. 32, par. 10.35)

    Sec. 10.35. Effect of amendment.

    (a) The amendment shall become effective and the articles of incorporation shall be deemed to be amended accordingly, as of the later of:

        (1) the filing of the articles of amendment by the

    Secretary of State; or

        (2) the time established under the articles of

    amendment, not to exceed 30 days after the filing of the articles of amendment by the Secretary of State.

    (b) If the amendment is made in accordance with the provisions of Section 10.40, upon the filing of the articles of amendment by the Secretary of State, the amendment shall become effective and the articles of incorporation shall be deemed to be amended accordingly, without any action thereon by the directors or shareholders of the corporation and with the same effect as if the amendments had been adopted by unanimous action of the directors and shareholders of the corporation.

    (c) If the amendment restates the articles of incorporation, such restated articles of incorporation shall, upon such amendment becoming effective, supersede and stand in lieu of the corporation's preexisting articles of incorporation.

    (d) If the amendment revives the articles of incorporation and extends the period of corporate duration, upon the filing of the articles of amendment by the Secretary of State, the amendment shall become effective and the corporate existence shall be deemed to have continued without interruption from the date of expiration of the original period of duration, and the corporation shall stand revived with such powers, duties and obligations as if its period of duration had not expired; and all acts and proceedings of its officers, directors and shareholders, acting or purporting to act as such, which would have been legal and valid but for such expiration, shall stand ratified and confirmed.

    (e) Each amendment which affects the number of issued shares or the amount of paid-in capital shall be deemed to be a report under the provisions of this Act.

    (f) No amendment of the articles of incorporation of a corporation shall affect any existing cause of action in favor of or against such corporation, or any pending suit in which such corporation shall be a party, or the existing rights of persons other than shareholders; and, in the event the corporate name shall be changed by amendment, no suit brought by or against such corporation under its former name shall be abated for that reason.

(Source: P.A. 92-33, eff. 7-1-01; 93-59, eff. 7-1-03.)

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Last modified: February 18, 2015