Current through codified legislation effective October 30, 2024
Section 29-1207.04 - Filings required for merger; effective date(a) After each constituent organization has approved a merger, articles of merger shall be signed on behalf of each:(1) Constituent statutory trust, by one or more trustees or other authorized representative; and(2) Other constituent organization, by an authorized representative.(b) Articles of merger under this section shall include:(1) The name and form of each constituent organization and the jurisdiction of its governing law;(2) The name and form of the surviving organization, the jurisdiction of its governing law, and, if the surviving organization is created by the merger, a statement to that effect;(3) If the surviving organization is to be created by the merger:(A) If it will be a statutory trust, the trust's certificate of trust; or(B) If it will be an organization other than a statutory trust, the organizational document that creates the organization;(4) If the surviving organization preexisted the merger, any amendments provided for in the plan of merger for the organizational document that created the organization;(5) A statement as to each constituent organization that the merger was approved as required by the organization's governing law;(6) If the surviving organization is a foreign organization not authorized to do business in the District, the street and mailing address of an office that the Mayor may use for the purposes of § 29-1207.05(b); and(7) Any additional information required by the governing law of any constituent organization.(c) The articles of merger shall be delivered to the office of the Mayor for filing.(d) A merger shall be effective under this chapter:(1) If the surviving organization is a statutory trust, upon the later of:(A) Filing of the articles of merger by the Mayor; or(B) Subject to § 29-102.03, as specified in the articles of merger; or(2) If the surviving organization is not a statutory trust, as provided by the governing law of the surviving organization[.] July 2, 2011, D.C. Law 18-378, § 2, 58 DCR 1720.Uniform Law: This section is based on § ,704 of the Uniform Statutory Trust Entity Act.