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Ark. Code Ann. § 4-32-1208

Filings required for merger — Effective date

Known as the Small Business Entity Tax Pass Through Act

The act spans §§ 4–4 (91 sections).

Acts 2009, No. 408, § 5.

(1) 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.

(2) The articles of merger shall include: The name and form of each constituent organization and the jurisdiction of its governing statute;

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

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

(5) Any amendments provided for in the plan of merger for the organizational document of the surviving organization;

(6) A statement as to each constituent organization that the merger was approved as required by the organization's governing statute;

(7) 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;

(8) Either: A copy of the plan of merger; or

(9) A statement that: Contains the address of an office of the surviving organization where the plan of merger is on file; and

(10) 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

(11) Any additional information required by the governing statute of any constituent organization.

(12) A merger becomes effective under this subchapter: If the surviving organization is a limited liability company, upon the later of: Compliance with subsection (a) of this section; or

(13) The date specified in the articles of merger; or

(14) If the surviving organization is not a limited liability company, as provided by the governing statute of the surviving organization.

Current official text: Arkansas General Assembly. Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Arkansas statutes; confirm against the official source for the current text. Not legal advice.