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Current as of January 01, 2023 | Updated by Findlaw Staff
A. Notwithstanding any provision in this Section or in the articles of incorporation to the contrary (except as provided in Subsection B of this Section), the articles of incorporation of each corporation that is a private foundation described in Section 509 of the Internal Revenue Code of 1954 1 shall be deemed to contain the following provisions: The corporation shall make distributions at such time and in such manner as not to subject it to tax under Section 4942 of the Code; 2 the corporation shall not engage in any act of self-dealing that would subject it to tax under Section 4941 of the Code; 3 the corporation shall not retain any excess business holdings that would subject it to tax under Section 4943 of the Code; 4 the corporation shall not make any investments that would subject it to tax under Section 4944 of the Code; 5 and the corporation shall not make any taxable expenditures that would subject it to tax under Section 4945 of the Code. 6 With respect to any such corporation organized prior to January 1, 1970, this Subsection shall apply only for its taxable years beginning on or after January 1, 1972.
B. The articles of incorporation of any corporation described in Subsection A of this Section may be amended to expressly exclude the application of Subsection A of this Section, and in the event of such amendment, Subsection A of this Section shall not apply to such corporation.
C. All references in this Section to the “Code” are to the Internal Revenue Code of 1954, and all references in this Section to specific sections of the Code include corresponding provisions of any subsequent federal tax laws.
Cite this article: FindLaw.com - Louisiana Revised Statutes Tit. 12, § 237.1. Amendment of articles; special provision - last updated January 01, 2023 | https://codes.findlaw.com/la/revised-statutes/la-rev-stat-tit-12-sect-237-1/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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