16-6a-1103. Articles of merger
(1) After a plan of merger is approved, pursuant to Section 16-6a-1102, the surviving domestic nonprofit corporation shall deliver to the division for filing articles of merger setting forth:
(a) the plan of merger;
(b) if shareholder or member approval was not required of any party to the merger:
(i) a statement to the effect that approval was not required; and
(ii) a statement that the plan of merger was approved by a sufficient vote of the board of directors of each party to the merger;
(c) if approval of the shareholders or members of one or more domestic corporation, foreign corporation, domestic nonprofit corporation, or foreign nonprofit corporation party to the merger was required, a statement that the number of votes cast for the plan by each voting group entitled to vote separately on the merger was sufficient for approval by that voting group; and
(d) if approval of the plan by some person or persons other than the shareholders, members, or the board of directors is required pursuant to Subsection 16-6a-1102(3), or other applicable law, a statement that the approval was obtained.
(2) A merger takes effect upon the effective date stated in the articles of merger, which may not be prior to the date the articles of merger are filed.
(3) Articles of merger shall be executed by each party to the merger.
Amended by Chapter 228, 2006 General Session
Questions and Answers
Have questions about a statute? Ask it and an experienced Utah HOA attorney will answer it, plus see all the previous questions and answers.
Only members may post and view questions and answers. Join us by subscribing today!
Key Concepts explained
The index is the main hub of the site, where key concepts are explained
The 6 resolutions & 5 forms every HOA should have
Procedures required by law, updated as the laws change yearly, so your HOA is always in compliance. Plus other policy resolutions
*Prudent-Legal plan only
• Guides to walk board through owner requests for: records, assistance animal (disability), satellite dish, solar device. Avoid violating federal and Utah law!
• Guides to walk a homeowner through making request for records and to keep an assistance animal for a person with a disability.
2 Hours Attorney Time
Counsel from a Utah HOA specialist attorney
*Prudent-Legal plan only
Q & A
Have questions about a statute? Ask it and an experienced HOA attorney will answer it. Plus, see all the other Q & A.
Stay informed! Get updates of new HOA laws with explanations of how they affect your community and what to do to comply and minimize risk.
Tools to help you understand the law
Key words defined in hovercards, powerful search, comments, footnotes, tags, explanations and case law summaries