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ART. XXIII ] AMENDMENTS AFTER ORGANIZATION. 91
chairman or the secretary of the meeting of the members or stockholders
at which such amendment or amendments was or were adopted. Such
articles of amendment, together with a copy thereof, shall be delivered
to the State Tax Commission which, upon the payment, and not before,
of the recording fees for which provision is hereinafter made, and, if
the amount of the authorized capital stock be increased thereby, upon
the payment and not before, of the bonus tax prescribed by law, if
any payable, as in the case of a certificate of incorporation, shall re-
ceive the same for record and endorse thereon the date and time of
such receipt and promptly record the same as in the case of a certificate
of incorporation. After such recording the State Tax Commission shall
transmit the original articles of amendment to the Secretary of State,
by whom the same shall be again recorded, and shall transmit a copy
thereof duly certified by it to the Clerk of the Circuit or Superior
Court (according to the location of the principal office of the corpora-
tion prior to such amendment) by whom the same shall he again re-
corded. At the time of receiving such articles of amendment for record,
the State Tax Commission shall collect recording fees of ten dollars
(to be divided, accounted for and paid over by the Commission as in
the case of a certificate of incorporation).
(2) When such articles of amendment have been delivered to the
State Tax Commission with the recording fees, for which provision is
hereinbefore made, and the bonus tax, if any payable, the amendment
or amendments made thereby shall take effect, and not before. A duly
certified copy of such articles of amendment from the records of the
Secretary of State, the State Tax Commission or the Circuit or Supe-
rior Court shall be evidence of the amendment or amendments made
thereby. The recording by the State Tax Commission of the articles of
amendment shall be conclusive evidence of the payment of the record-
ing fees and the bonus tax, if any, required by law to be paid to it,
except in a direct proceeding by the State.
See notes to this section in volume 1 of the Annotated Code.
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1904, art. 23, sec. 86. 1888, art. 23, sec. 78. 1868, ch. 471. sec. 73.
1908, ch. 240, sec. 26. 1916, ch. 596, sec. 26.
26. If an increase of the authorized capital stock of any corpora-
tion shall have been duly authorized, as in Section 24 provided, the
articles of amendment shall also set forth: (a) the amount of outstand-
ing stock theretofore authorized; (b) the amount of additional stock
authoiized; (e) the classes, if any, into which the additional stock is
to be divided, with the preferences, voting powers, restrictions and
qualifications of the newly authorized shares; and (d) the number and
par value of the shares of newly authorized stock and, if more than one
class, the number and par value of the shares of each class.
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