30-18-305 STATEMENT OF INTEREST EXCHANGE -- EFFECTIVE DATE.

TITLE 30

CORPORATIONS

CHAPTER 18

IDAHO ENTITY TRANSACTIONS ACT

PART 3

INTEREST EXCHANGE

30-18-305. Statement of interest exchange -- Effective date. (1) A statement of interest exchange must be signed on behalf of a domestic acquired entity and filed with the secretary of state.

(2) A statement of interest exchange must contain:

(a) The name and type of the acquired entity;

(b) The name, jurisdiction of organization, and type of the acquiring entity;

(c) If the statement of interest exchange is not to be effective upon filing, the later date and time on which it will become effective, which may not be more than ninety (90) days after the date of filing;

(d) A statement that the plan of interest exchange was approved by the acquired entity in accordance with this part; and

(e) Any amendments to the acquired entity’s public organic document approved as part of the plan of interest exchange.

(3) In addition to the requirements of subsection (2) of this section, a statement of interest exchange may contain any other provision not prohibited by law.

(4) A plan of interest exchange that is signed on behalf of a domestic acquired entity and meets all of the requirements of subsection (2) of this section may be filed with the secretary of state instead of a statement of interest exchange and upon filing has the same effect. If the plan of interest exchange is filed as provided in this subsection (4), references in this chapter to a statement of interest exchange refer to the plan of interest exchange filed under this subsection (4).

(5) A statement of interest exchange becomes effective upon the date and time of filing or the later date and time specified in the statement of interest exchange.