If the plan of merger is approved, an original and one exact or conforming copy of the articles of merger shall be executed by each corporation by the chairman of the board of directors of the corporation or by its president or by another of its officers. The articles shall be acknowledged and shall set forth:

(1) The plan of merger;

Terms Used In South Dakota Codified Laws 58-35-63

  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2

(2) The number of votes voted for and against the merger;

(3) The terms and conditions of the proposed merger;

(4) The names of the surviving corporation’s first board of directors;

(5) The surviving corporation’s principal office;

(6) The manner and basis of converting the assets and the liabilities of each corporation into assets, liabilities, obligations, or other securities of the surviving corporation or of any other corporation or, in whole or in part, into cash or other property.

Source: SL 1995, ch 293, § 4.