Section 10-3A-83

Filing and effectiveness of articles of amendment.

(a) The articles of amendment and a copy thereof, or if the articles of amendment change the name of the corporation two copies thereof, shall be delivered to the probate judge. If the probate judge finds that the articles of amendment conform to law, he shall, when all fees prescribed in this chapter have been paid:

(1) Endorse on the articles of amendment and on the copy or copies thereof the word "filed," and the hour, day, month and year of the filing thereof.

(2) File the articles of amendment in his office and certify the copy or copies thereof.

(3) Issue a certificate of amendment to which he shall affix a certified copy of the articles of amendment, and return such certificate of amendment with a certified copy of the articles of amendment affixed thereto to the corporation or its representative.

(4) If the articles of amendment change the name of the corporation, within 10 days after the issuance of the certificate of amendment transmit to the Secretary of State a certificate of amendment with a certified copy of the articles of amendment attached thereto, indicating thereon the place, date and time of filing of the articles of amendment.

(5) For failure of the probate judge to comply with the requirements of subsection (a)(4) of this section, the probate judge shall forfeit $50.00 to the State of Alabama to be recovered in an action by the State of Alabama.

(b) Upon the filing of the articles of amendment, the amendment shall become effective and the articles of incorporation shall be deemed to be amended accordingly.

(c) No amendment shall affect any existing cause of action in favor of or against such corporation, or any pending suit to 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 abate for that reason.

(Acts 1984, No. 84-290, p. 502, §39.)