Arkansas § 4-46-908 Filings required for merger - Effective date

Arkansas Statutes

§ 4-46-908 — Filings required for merger - Effective date

(a)After each constituent organization has approved a merger, articles of merger must be signed by an authorized representative of each constituent organization and filed with the Secretary of State.

(b)The articles of merger shall include:

(1)The name and form of each constituent organization and the jurisdiction of its governing statute;

(2)The name and form of the surviving organization and the jurisdiction of its governing statute;

(3)The date the merger is effective under the governing statute of the surviving organization;

(4)Any amendments provided for in the plan of merger for the organizational document of the surviving organization if the organizational document is required to be filed by the governing statute of the surviving organization;

(5)A statement as to each consti

Free access — add to your briefcase to read the full text and ask questions with AI

(a) After each constituent organization has approved a merger, articles of merger must be signed by an authorized representative of each constituent organization and filed with the Secretary of State. (b) The articles of merger shall include: (1) The name and form of each constituent organization and the jurisdiction of its governing statute; (2) The name and form of the surviving organization and the jurisdiction of its governing statute; (3) The date the merger is effective under the governing statute of the surviving organization; (4) Any amendments provided for in the plan of merger for the organizational document of the surviving organization if the organizational document is required to be filed by the governing statute of the surviving organization; (5) A statement as to each constituent organization that the merger was approved as required by the organization's governing statute; (6) A statement confirming that the surviving organization has filed a statement appointing an agent for service of process under § 4-20-112 if the surviving organization is a foreign organization not authorized to transact business in this state; and (7) (A) A copy of the plan of merger; or (B) A statement that: (i) Contains the address of an office of the organization where the plan of merger is on file; and (ii) A copy of the plan of merger will be furnished by the surviving organization on request and without cost to any shareholder, member, partner, or other owner of any constituent organization; and (8) Any additional information required by the governing statute of any constituent organization. (c) A merger becomes effective under this subchapter: (1) If the surviving organization is a partnership, upon the later of: (A) Compliance with subsection (a) of this section; or (B) As specified in the articles of merger; or (2) If the surviving organization is not a partnership, as provided by the governing statute of the surviving organization.

Arkansas § 4-46-908 (Filings required for merger - Effective date) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.