Plan of merger - plan of exchange

7-90-203.3. Plan of merger - plan of exchange. (1) A plan of merger must state: (a) The entity name or, for an entity that has no entity name, the true name, the jurisdiction under the law of which the entity is formed, and the form of entity of each of the merging entities; (b) The entity name or, for an entity that has no entity name, the true name, the jurisdiction under the law of which the entity is formed, and the form of the surviving entity into which the merging entities are to merge; (c) The terms and conditions of the merger, including the manner and basis of changing the owner's interests of each merging entity into owner's interests or obligations of the surviving entity or into money or other property in whole or in part; and (d) Any amendments to the constituent documents of the surviving entity to be effected by the merger. (2) (a) A plan of exchange must state: (I) The entity name of each party to the exchange; (II) The terms and conditions of the exchange; and (III) The manner and basis of exchanging the owner's interests to be acquired. (b) The plan of exchange may state other provisions relating to the exchange. Source: L. 2007: Entire section added, p. 238, � 24, effective May 29. L. 2019: (2) added, (SB 19-086), ch. 166, p. 1915, � 9, effective July 1, 2020. L. 2022: IP(1), (1)(c), and (2)(a)(III) amended, (HB 22-1250), ch. 80, p. 397, � 3, effective August 10.