Current through the 2024 Fourth Special Session
Section 16-6a-1105 - Merger with foreign nonprofit corporation(1) One or more domestic nonprofit corporations may merge with one or more foreign nonprofit corporations if: (a) the merger is permitted by the law of the state or country under whose law each foreign nonprofit corporation is incorporated;(b) each foreign nonprofit corporation complies with the provisions of the law described in Subsection (1)(a) in effecting the merger;(c) if the foreign nonprofit corporation is the surviving nonprofit corporation of the merger, the foreign nonprofit corporation:(i) complies with Section 16-6a-1103; and(ii) in addition to the information required by Section 16-6a-1103, provides the address of its principal office; and(d) each domestic nonprofit corporation complies with:(i) the applicable provisions of Sections 16-6a-1101 and 16-6a-1102; and(ii) if it is the surviving nonprofit corporation of the merger, with Section 16-6a-1103.(2) Upon the merger taking effect, a surviving foreign nonprofit corporation of a merger may be served with process in any proceeding brought against it as provided in Section 16-17-301.(3) Service effected pursuant to Subsection (2) is perfected at the earliest of: (a) the date the foreign nonprofit corporation receives the process, notice, or demand;(b) the date shown on the return receipt, if signed on behalf of the foreign nonprofit corporation; or(c) five days after mailing.(4) Subsection (2) does not prescribe the only means, or necessarily the required means, of serving a surviving foreign nonprofit corporation of a merger.Amended by Chapter 364, 2008 General Session.