EXHIBIT 3.1 AMENDED AND RESTATED ARTICLES OF INCORPORATION OF YOUNG MINDS, INCORPORATED Andrew Young and David Cote certify that: 1. They are the duly elected and acting Secretary and President, respectively, of Young Minds, Incorporated, a California corporation (the "Corporation"). 2. The Articles of Incorporation of the Corporation are hereby amended and restated in their entirety to read in full as follows: "ONE: The name of the Corporation is YOUNG MINDS, INCORPORATED. TWO: The purpose of the Corporation is to engage in any lawful act or activity for which a corporation may be organized under the General Corporation Law of California other than the banking business, the trust company business or the practice of a profession permitted to be incorporated by the California Corporations Code. THREE: The Corporation is authorized to issue two classes of stock to be designated, respectively, "Common Stock" and "Preferred Stock." The total number of shares which the corporation is authorized to issue is Twenty Million (20,000,000) shares. Fifteen Million (15,000,000) shares shall be Common Stock. Five Million (5,000,000) shares shall be Preferred Stock. The Preferred Stock may be issued from time to time in one or more series. The Board of Directors is hereby authorized to fix the number of shares of any series of Preferred Stock and to determine the designation of any such series. The Board of Directors is also authorized to determine or alter the rights, preferences, privileges, and restrictions granted to or imposed upon any wholly unissued series of Preferred Stock and, within the limits and restrictions stated in any resolution or resolutions of the Board of Directors originally fixing the number of shares constituting any series, to increase or decrease (but not below the number of shares of such series then outstanding) the number of shares of any such series subsequent to the issue of shares of that series. In case the number of shares of any series shall be so decreased, the shares constituting such decrease shall resume the status that they had prior to the adoption of the resolution originally fixing the number of shares of such series. FOUR: Section 1. The liability of the directors of this corporation for monetary damages shall be eliminated to the fullest extent permissible under California law. Section 2. The Corporation is authorized to provide indemnification of agents (as defined in Section 317 of the Corporations Code) for breach of duty to the Corporation and its stockholders through bylaw provisions or through agreements with the agents, or both, in excess of the indemnification otherwise permitted by Section 317 of the Corporations Code, subject to the limits on such excess indemnifications set forth in Section 204 of the Corporations Code with respect to actions for breach of duty to the Corporation or its shareholders. The Corporation is further authorized to provide insurance for agents as set forth in Section 317 of the California Corporations Code, provided that, in cases where the Corporation owns all or a portion of the shares of the company issuing the insurance policy, the company and/or the policy must meet one of the two sets of conditions set forth in Section 317, as amended." * * * 2. The foregoing amendment and restatement of the Articles of Incorporation have been duly approved by the Board of Directors of the corporation. The foregoing amendment and restatement of the Articles of Incorporation has been duly approved by the required vote of shareholders in accordance with Sections 902 and 903 of the California Corporations Code. The total number of outstanding shares of the Corporation entitled to vote on such amendment and restatement was 2,626,231 shares of Common Stock. The number of shares voting in favor of the amendment and restatement equaled or exceeded the vote required. The percentage vote required was more than 50% of the outstanding shares of the Common Stock. 3. The undersigned further declare under penalty of perjury under the laws of the State of California that the matters set forth in this certificate are true and correct of their own knowledge. IN WITNESS WHEREOF, the undersigned have executed these Amended and Restated Articles of Incorporation this 31st day of October, 1995, at Redlands, California. /s/ Andrew Young ---------------------------------- Andrew Young, Secretary /s/ David H. Cote ---------------------------------- David Cote, President 4.