79-11-327 - Merger of foreign corporation with domestic corporation.
§ 79-11-327. Merger of foreign corporation with domestic corporation.
(1) One or more foreign business or nonprofit corporations may merge with one or more domestic nonprofit corporations if:
(a) The merger is permitted by the law of the state or country under whose law each foreign corporation is incorporated and each foreign corporation complies with that law in effecting the merger;
(b) The foreign corporation complies with Section 79-11-323 if it is the surviving corporation of the merger; and
(c) Each domestic nonprofit corporation complies with the applicable provisions of Sections 79-11-319 and 79-11-321 and, if it is the surviving corporation of the merger, with Section 79-11-323.
(2) Upon the merger taking effect, the surviving foreign business or nonprofit corporation is deemed to have irrevocably appointed the Secretary of State as its agent for service of process in any proceeding brought against it.
Sources: Laws, 1987, ch. 485, § 114, eff from and after January 1, 1988.