§ 10-33-92 — Merger or consolidation with foreign corporation

North Dakota § 10-33-92

• Jurisdiction: North Dakota
• Title 10: Corporations
• Ch. 10-33: Nonprofit Corporations

Text

1. A corporation may merge or consolidate with a foreign corporation by following the
procedures set forth in this section, if the merger or consolidation is permitted by the
laws of the state under which the foreign corporation is incorporated.
2. Each corporation shall comply with sections 10-33-85 through 10-33-91 with respect to
the merger or consolidation of corporations and each foreign corporation shall comply
with the laws under which it was incorporated or by which it is governed.
3. If the single corporation will be incorporated under this chapter, it shall comply with this
chapter.
4. If the single corporation will be a foreign corporation and will conduct activities in this
state, then it shall comply with the provisions of sections 10-33-125 through 10-33-138
with respect to foreign corporations. In every case the single corporation shall file with
the secretary of state:
a. An agreement that it may be served with process in this state in a proceeding for
the enforcement of an obligation of a constituent corporation; and
b. An irrevocable appointment of the secretary of state as its agent to accept service
of process in any proceeding and an address to which process may be forwarded
as provided in section 10-01.1-13.