- on Fri 16 June 2023
If you are a business owner looking to amend your company's Articles of Incorporation, it is important to undergo the process correctly to avoid potential legal issues in the future. Mississippi law sets out clear guidelines which must be followed in order to amend Articles of Incorporation. In this article, we will outline those guidelines and explain how to amend your company's Articles of Incorporation in the state of Mississippi.
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Why Amend Articles of Incorporation?
Amending Articles of Incorporation can be done for a number of reasons. It may be that the company has undergone significant changes in operation or structure, or that stakeholders have requested amendments to existing articles. Whatever the reason, the amendment process requires strict adherence to Mississippi state law.
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Step-by-Step Guide to Amending Articles of Incorporation in Mississippi
1. **Check if your Articles of Incorporation allow amendments**
Before initiating the amendment procedure, it is integral to review the existing Articles of Incorporation. This will help to establish whether amendments are allowed without having to draft a completely new document.
2. **Hold a meeting to elect Directors and approve the amendment proposal**
A Directors' meeting must be held to agree upon the proposed amendment. All proposals should first be agreed upon and then voted for in order to proceed. This meeting can be held online or in-person, but must adhere to the stipulated guidelines to comply with Mississippi law.
3. **File the amended Articles with the Mississippi Secretary of State**
After the Directors' meeting has voted to accept the amendment, the company must file the “Amendment of Articles of Incorporation” form with the Mississippi Secretary of State. Include key information about the original Articles such as the date of filing, business name, and new Articles information.
4. **Pay Mississippi filing fees**
All of the required fees to amend the Articles should be included with the payment for the processing fee to avoid additional delays on approval of the request.
5. **Beware of Amendments Regarding Documents Notary**
After making the amendments, documents might need to be signed by agents/Secretary (meeting Notice and/or the adopted Certificate of Amendment by the shareholders or Board of Directors, depending on whether the amended certificate will be filed pre- or post-incorporation)}, according to oath. Such unsigned and uncertified documents will not be approved by the Secretary of State and could get your request dismissed or prolonged.
Conclusion
Amending Articles of Incorporation can be a daunting task, but, done correctly and meticulously, it can yield essential changes benefiting your business. One could consider seeking hardy legal consultation during the amendment process to familiarize themselves and ensure there are no missteps along the way. It is crucial to adhere to Mississippi laws regarding this process to keep a business operating smoothly.
By following our step-by-step guide, you’ll have the confidence in executing the amendment process in good-standing, causing minimal disturbance to the day-to-day dealings of your Mississippi company.
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