LD 1609
pg. 129
Page 128 of 146 PUBLIC Law Chapter 543 Page 130 of 146
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LR 1469
Item 1

 
E.__If the surviving organization preexists the merger, any
amendments provided for in the plan of merger for the
organizational document that created the organization;

 
F.__A statement as to each constituent organization that the
merger was approved as required by the organization's
governing statute;

 
G.__If the surviving organization is a foreign organization
not authorized to transact business in this State, the
street and mailing address of an office that the Secretary
of State may use for the purposes of section 1439,
subsection 2; and

 
H.__Any additional information required by the governing
statute of any constituent organization.

 
3.__Deliver to Secretary of State.__Each constituent limited
partnership shall deliver the articles of merger for filing in
the office of the Secretary of State.

 
4.__Merger effective.__A merger becomes effective under this
subchapter:

 
A.__If the surviving organization is a limited partnership,
upon the later of:

 
(1)__Compliance with subsection 3; and

 
(2)__Subject to section 1326, subsection 3, as
specified in the articles of merger; or

 
B.__If the surviving organization is not a limited
partnership, as provided by the governing statute of the
surviving organization.

 
§1439.__Effect of merger

 
1.__Effect of merger.__When a merger becomes effective:

 
A.__The surviving organization continues or comes into
existence;

 
B.__Each constituent organization that merges into the
surviving organization ceases to exist as a separate entity;

 
C.__All property owned by each constituent organization that
ceases to exist vests in the surviving organization;


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