Section 10A-5A-2.03 - Effect of filing amendment or restatement of certificate of formation(a)(1) An amendment to a certificate of formation takes effect when the filing of the certificate of amendment takes effect as provided by Article 4 of Chapter 1.(2) An amendment to a certificate of formation does not affect:(i) an existing cause of action in favor of or against the limited liability company for which the certificate of amendment is sought;(ii) a pending suit to which the limited liability company is a party; or(iii) an existing right of a person other than an existing member.(3) If the name of a limited liability company is changed by amendment, an action brought by or against the limited liability company in the former name of that limited liability company does not abate because of the name change.(b)(1) A restated certificate of formation takes effect when the filing of the restated certificate of formation takes effect as provided by Article 4 of Chapter 1.(2) On the date and time the restated certificate of formation takes effect, the original certificate of formation and each prior amendment or restatement of the certificate of formation is superseded and the restated certificate of formation is the effective certificate of formation.(3) Subsections (b)(1) and (2) apply to an amendment effected by a restated certificate of formation.Ala. Code § 10A-5A-2.03 (1975)
Amended by Act 2023-503,§ 5, eff. 1/1/2024.Added by Act 2014-144,§ 1, eff. 1/1/2015.