Exhibit 3.1 AMENDMENT TO BY-LAWS OF FALCONSTOR SOFTWARE, INC. Article Five, Section 5.1 of the By-Laws of Falconstor Software, Inc. (the "Corporation") shall be deleted in its entirety and be replaced by a new Article Five, Section 5.1 to read as follows: The Corporation's stock may be certificated or uncertificated, as provided under the General Corporation Law of the State of Delaware, and shall be entered in the books and records of the Corporation and registered as they are issued. Any certificates representing shares of stock shall be in such form as the Board of Directors prescribes, and shall certify the number and class of shares of the Corporation owned by the stockholder. Each certificate shall be signed by or in the name of the Corporation by the President or a Vice President, and by the Secretary or an Assistant Secretary, or the Treasurer or an Assistant Treasurer, certifying the number of shares owned by him or her. Any of or all the signatures appearing on such certificate or certificates may be a facsimile. If any officer, transfer agent or registrar who has signed or whose facsimile signature has been placed upon a certificate shall have ceased to be such officer, transfer agent or registrar before such certificate is issued, it may be issued by the Corporation with the same effect as if he were such officer, transfer agent or registrar at the date of issue. Dated August 6, 2007
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10-Q Filing
Falconstor Software (FALC) 10-Q2007 Q2 Quarterly report
Filed: 9 Aug 07, 12:00am