LD 1539
pg. 27
Page 26 of 104 PUBLIC Law Chapter 344 Page 28 of 104
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LR 1942
Item 1

 
A.__Classify any unissued shares into one or more classes or
into one or more series within a class;

 
B.__Reclassify any unissued shares of any class into one or
more classes or into one or more series within one or more
classes; or

 
C.__Reclassify any unissued shares of any series of any
class into one or more classes or into one or more series
within a class.

 
2. Series must have distinguishing designation. Each series
of a class must be given a distinguishing designation.

 
2-A.__Terms fixed before issuance.__If the board of directors
acts pursuant to subsection 1, the board shall determine the
terms including the preferences, rights and limitations to the
same extent permitted under section 601, of:

 
A.__Any class of shares before the issuance of any shares of
that class; or

 
B.__Any series within a class before the issuance of any
shares of that series.

 
3. Identical terms. A share of a series must have
preferences, limitations and relative rights identical with those
of all other shares of the same series and, except to the extent
otherwise provided in the description of the series, with those
of other series of the same class.

 
3-A.__Filing articles of amendment.__Before issuing any shares
of a class or series created under this section, the corporation
shall deliver to the Secretary of State for filing articles of
amendment setting forth the terms authorized under subsection 1.

 
4. Filing articles of amendment. Before issuing any shares
of a class or series created under this section, the corporation
shall deliver to the Secretary of State for filing articles of
amendment, which are effective without shareholder action, that
set forth:

 
A. The name of the corporation;

 
B. The text of the amendment determining the terms of the
class or series of shares;

 
C. The date the amendment was adopted; and


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