(b) If the amendment is made in accordance with the
provisions of Section 110.40 of this Act, 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 members of
the corporation and with the same effect as if the
amendments had been adopted by unanimous action of the
directors and members 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 members, acting
or purporting to act as such, which would have been legal
and valid but for such expiration, shall stand ratified and
confirmed.
(e) 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 members; 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.)
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