In the state of Missouri, if you have already incorporated your business but need to make changes to your articles of incorporation, you can amend them. The articles of incorporation are the formal documents that establish your business as a legal entity. This article will guide you through the process of amending Missouri articles of incorporation.
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1. Review your current articles of incorporation
Before amending your articles of incorporation, it is important to review the existing document to identify the specific sections or provisions that you want to change. This will ensure that you have a clear understanding of the changes you want to make.
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2. Draft an amendment
Next, you need to draft an amendment to the existing articles of incorporation. The amendment should clearly state the changes you want to make and include the specific text that will be added, modified, or deleted. It is recommended to consult with a legal professional or attorney to ensure that the amendment is prepared correctly and adheres to the Missouri statutes.
3. Hold a board meeting
According to Missouri law, the amendment to the articles of incorporation must be approved by the board of directors. Therefore, you should schedule a board meeting and invite all directors to attend. During the meeting, present the proposed amendment and thoroughly discuss its implications for the company. It is crucial to record the minutes of the meeting in case there is a need to provide evidence of the amendment process in the future.
4. Shareholder approval
If your company has shareholders, their approval may also be needed for the amendment. Review your company's bylaws or operating agreement to determine the specific requirements for obtaining shareholder consent. Generally, shareholders will be provided with written notice of the proposed amendment and given an opportunity to vote on it. The specific voting thresholds necessary for the approval of the amendment should be stated in your bylaws or operating agreement.
5. File the amendment with the Missouri Secretary of State
After obtaining the necessary approvals from the board and shareholders, if applicable, you will need to file the amendment with the Missouri Secretary of State. The amendment form must be completed accurately, including the full legal name of the corporation, the amendment's effective date, and a filing fee. You can file the amendment online through the Missouri Secretary of State's website or by mailing the completed form along with the filing fee.
6. Notify other relevant authorities
In addition to filing with the Secretary of State, you may need to notify other relevant authorities of the amendment. This could include notifying the Missouri Department of Revenue, Missouri Department of Labor, or other state agencies that you are registered with or licensed by. Be sure to check the requirements of each relevant authority to ensure compliance with their notification procedures.
Conclusion
Amending the articles of incorporation is a necessary process if you need to make changes to the governing document of an incorporated business in Missouri. By following these steps, you can navigate the amendment process effectively and ensure that the necessary modifications are made. Remember to consult with a legal professional or attorney throughout the process to ensure compliance with Missouri laws and regulations.
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