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Utah Code § 16-1a-704

Approval of merger

Enacted by Chapter 93, 2026 General Session; Effective 10/1/2026

(1) A plan of merger is not effective unless:

(a) a domestic merging entity approves the plan of merger:

(i) in accordance with the requirements, if any, of the domestic merging entity's organic law and organic rules for approval of:

(A) for an entity that is not a limited cooperative association, the merger; or

(B) for an entity that is a limited cooperative association, a transaction under this part; or

(ii) by each interest holder of the domestic merging entity that is entitled to vote or consent to the plan of merger voting in favor of the plan of merger if:

(A) for an entity that is not a business corporation or a limited cooperative association, neither the business corporation's nor the limited cooperative association's organic rules provide for the approval of a merger; or

(B) for an entity that is a limited cooperative association, neither the limited cooperative association's organic law nor organic rules provide for the approval of a transaction under this part; and

(b)

(i) for a business corporation or a nonprofit corporation, each interest holder of a domestic merging entity that will have interest holder liability for a debt, an obligation, or other liability after the merger becomes effective approves the merger; or

(ii) for an entity that is not a business corporation or a nonprofit corporation:

(A) a provision of the entity's organic rules provide for the approval of a merger in which one or more of the entity's interest holders will become subject to interest holder liability; and

(B) each interest holder consents to or votes in favor of the provision described in Subsection (1)(b)(ii)(A) or became an interest holder after the adoption of the provision.

(2) A merger described in this part that involves a foreign merging entity is not effective unless the foreign entity approves the merger in accordance with the law of the foreign entity's jurisdiction of formation.

Official source: Utah State Legislature. Reproduced from public-domain Utah statutes; confirm against the official source for the current text. Not legal advice.