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Amended Restated Certificate of Incorporation

Draft Delaware A&R Certificates in Minutes, Not Hours

14 minutes with CaseMark

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14 minutes with CaseMark

What you'll need

  • Term Sheet
  • Current Certificate of Incorporation
  • Cap Table

SOC 2 Type II · HIPAA compliant · $5 free credit

Workflow

Overview

CaseMark's Amended and Restated Certificate of Incorporation skill automates the drafting of filing-ready Delaware charters for venture-financing rounds. It converts term-sheet economics, governance provisions, and cap-table data into a defensible corporate charter document compliant with DGCL Sections 242 and 245. The AI handles everything from share authorization math to preferred-stock article drafting, delivering a complete certificate with an assumptions log for counsel review.

Drafting an Amended and Restated Certificate of Incorporation for a venture-financing round is one of the most detail-intensive tasks in corporate law. Attorneys must manually translate term-sheet economics into precise charter language, calculate authorized share tables across multiple series, and ensure every protective covenant, conversion mechanic, and governance provision aligns with both the deal documents and Delaware statutory requirements. A single math error or inconsistency can delay closing or create liability.

CaseMark automates the entire A&R COI drafting workflow by parsing your term sheet, cap table, and transaction documents simultaneously. The AI validates entity compliance, calculates share authorization math with built-in cushions, drafts series-specific preferred-stock articles, and layers in governance provisions—all in a single pass. The result is an execution-ready certificate with a transparent assumptions log, giving counsel a defensible starting point that dramatically accelerates time to closing.

How it works

  1. 1. Upload your term sheet, current charter, cap table, and transaction documents

  2. 2. AI parses deal economics, validates entity details, and calculates share authorization math

  3. 3. Review the generated certificate with full preferred-stock articles, governance provisions, and assumptions log

  4. 4. Export the filing-ready document in your preferred format (DOCX, PDF)

What you get

  • Validated Term Summary

  • Entity & Jurisdiction Confirmation

  • Share Authorization Schedule

  • Preferred Stock Articles (Series Provisions, Voting, Protections, Conversion, Anti-Dilution)

  • Governance Articles (Exculpation, Indemnification, Forum Selection)

  • Execution-Ready Certificate with Signature Block & Assumptions Log

What it handles

  • Parses term sheets and SPAs to extract economics, governance terms, and per-series provisions automatically

  • Calculates authorized share tables with rounding cushions and option-pool math

  • Drafts full preferred-stock articles including liquidation, conversion, anti-dilution, and protective covenants

  • Generates governance provisions covering 102(b)(7) exculpation, indemnification, and forum selection

  • Validates entity compliance, registered agent details, and DGCL adoption path

  • Produces execution-ready filing text with signature blocks and assumptions log

Required documents

  • Term Sheet

    The executed or near-final term sheet outlining deal economics, series terms, and governance provisions

    .pdf, .docx

  • Current Certificate of Incorporation

    The company's existing Delaware charter, including any prior amendments or restatements

    .pdf, .docx

  • Cap Table

    Current capitalization table showing outstanding shares, option pool, convertible instruments, and warrants

    .pdf, .docx, .xlsx, .csv

Supporting documents

  • Stock Purchase Agreement (SPA)

    The definitive stock purchase agreement for the financing round

    .pdf, .docx

  • Investors' Rights Agreement

    Agreement outlining registration rights, information rights, and other investor protections

    .pdf, .docx

  • Voting Agreement

    Agreement specifying board composition rights and voting arrangements

    .pdf, .docx

  • ROFR and Co-Sale Agreement

    Right of first refusal and co-sale agreement among stockholders

    .pdf, .docx

  • Board Resolutions

    Board resolutions authorizing the charter amendment and restatement

    .pdf, .docx

Why teams use it

Reduce charter drafting time from days to minutes by automating term-sheet-to-charter conversion

Eliminate arithmetic errors in share authorization tables with built-in rounding and cushion checks

Ensure DGCL compliance with automated validation of adoption paths, entity details, and statutory provisions

Maintain deal consistency by cross-referencing term sheets, SPAs, and governance documents throughout the draft

Questions

What types of venture financings does this skill support?

CaseMark's A&R COI skill supports Series Seed, Series A, and later-stage preferred stock financings under Delaware law. It handles single and multi-series designations with customizable economics for each series.

Does the AI verify compliance with Delaware General Corporation Law?

Yes. CaseMark validates the adoption path under DGCL Sections 242 and 245, checks registered agent and office requirements, and ensures the charter structure conforms to Delaware statutory standards.

How does the skill handle complex anti-dilution and liquidation provisions?

CaseMark extracts anti-dilution method (broad-based weighted average, narrow-based, or full ratchet), liquidation preferences, and participation caps directly from your term sheet and drafts them into precise charter language with conversion mechanics.

Can I use this for a restated certificate without amendments?

Yes. CaseMark supports both pure restatements under DGCL 245 and combined amendment-and-restatement filings. The AI determines the correct adoption path based on your board resolution and stockholder approval route.

What if my cap table has convertible notes or SAFEs outstanding?

CaseMark accounts for outstanding convertible instruments and warrants when calculating authorized share totals, ensuring adequate headroom and option-pool sizing in the share authorization schedule.

Is the output ready to file with the Delaware Secretary of State?

CaseMark produces a filing-ready document with proper formatting, signature blocks, and signatory authority references. However, we recommend legal counsel review the final draft before submission to ensure it reflects all negotiated terms.

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