Business Organizations Code revisor's report, part 4

outstanding shares entitled to vote on the
proposed amendment . . . .
(B) Any number of amendments may be
submitted to and voted on by the shareholders
at one meeting.
Revisor's Note
No substantive change is intended.
Revised Law
Sec. 200.057. ADOPTION OF RESTATED CERTIFICATE OF
FORMATION. (a) A real estate investment trust may adopt a
restated certificate of formation as provided by Subchapter B,
Chapter 3, by following the same procedures to amend its
certificate of formation under Sections 200.053-200.056, except
that shareholder approval is not required if an amendment is not
adopted.
(b) If shares of the real estate investment trust have not
been issued and the restated certificate of formation is adopted
by the trust managers, the majority of the trust managers may
sign the restated certificate of formation on behalf of the real
estate investment trust. (TREITA 22.70(A) (part), (D) (part).)
Source Law
(A) A real estate investment trust, by
following the procedure to amend the
declaration of trust provided by this Act,
except that no shareholder approval shall be
required where no amendment is made, may
authorize, execute, and file a restated
declaration of trust . . . .
(D) . . . If no shares have been
issued and the restated declaration of trust
is adopted by the trust managers, a majority
of the trust managers may execute the
restated declaration of trust on behalf of
the real estate investment trust.
Revisor's Note
No substantive change is intended.
Revised Law
Sec. 200.058. BYLAWS. (a) The trust managers of a real
estate investment trust shall adopt initial bylaws.
(b) The bylaws may contain provisions for the regulation
and management of the affairs of the real estate investment trust
that are consistent with law and the real estate investment
trust's certificate of formation.
(c) The trust managers of a real estate investment trust