§ 29-1207.04. Filings required for merger; effective date.

Current through October 23, 2012

(a) After each constituent organization has approved a merger, articles of merger shall be signed on behalf of each:

(1) Constituent statutory trust, by one or more trustees or other authorized representative; and

(2) Other constituent organization, by an authorized representative.

(b) Articles of merger under this section shall include:

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

(2) The name and form of the surviving organization, the jurisdiction of its governing law, and, if the surviving organization is created by the merger, a statement to that effect;

(3) If the surviving organization is to be created by the merger:

(A) If it will be a statutory trust, the trust's certificate of trust; or

(B) If it will be an organization other than a statutory trust, the organizational document that creates the organization;

(4) If the surviving organization preexisted the merger, any amendments provided for in the plan of merger for the organizational document that created the organization;

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

(6) If the surviving organization is a foreign organization not authorized to do business in the District, the street and mailing address of an office that the Mayor may use for the purposes of § 29-1207.05(b); and

(7) Any additional information required by the governing law of any constituent organization.

(d) A merger shall be effective under this chapter:

(1) If the surviving organization is a statutory trust, upon the later of:

(A) Filing of the articles of merger by the Mayor; or

(B) Subject to § 29-102.03, as specified in the articles of merger; or

(2) If the surviving organization is not a statutory trust, as provided by the governing law of the surviving organization

                
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(July 2, 2011, D.C. Law 18-378, § 2, 58 DCR 1720.)

HISTORICAL AND STATUTORY NOTES

Legislative History of Laws

For history of Law 18-378, see notes under § 29-101.01.

Uniform Law

This section is based on § 704 of the Uniform Statutory Trust Entity Act . See Vol. 6B , Uniform Laws Annotated, Master Edition or ULA Database on Westlaw.