Title 14, Chapter 2, Section 631
( 14-2-631)
(a) A corporation may acquire its own shares and shares so acquired
constitute authorized but unissued shares, unless the articles of
incorporation provide that reacquired shares become treasury shares
or prohibit the reissue of reacquired shares. (b) If the articles of incorporation prohibit the reissue of
acquired shares, the number of authorized shares is reduced by the
number of shares acquired, effective upon amendment of the articles
of incorporation. (c) The board of directors may adopt articles of amendment under
this Code section without shareholder action. The articles must set
forth: (1) The reduction in the number of authorized shares, itemized by
class and series; and (2) The total number of authorized shares, itemized by class and
series, remaining after reduction of the shares. (d) The board of directors may adopt articles of amendment providing
that reacquired shares become treasury shares without shareholder
action. (e) A corporation may create security interests in treasury shares. |