(a) In the case of a consolidation the existence of the consolidating cooperatives ceases and the articles of consolidation are the articles of incorporation of the new cooperative. In the case of a merger the separate existence of the merging cooperatives ceases and the articles of incorporation of the surviving cooperative are amended to the extent that changes are provided for in the articles of merger.
Terms Used In Alaska Statutes 10.25.280
action: includes any matter or proceeding in a court, civil or criminal. See Alaska Statutes 01.10.060
Deed: The legal instrument used to transfer title in real property from one person to another.
Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
(b) The rights, privileges, immunities and franchises, and all real and personal property including, without limitation, applications for membership, all debts due on whatever account and all other choses in action, of the consolidating or merging cooperatives are transferred to and vested in the new consolidated or surviving cooperative without further act or deed.(c) The new consolidated or surviving cooperative is responsible and liable for the liabilities and obligations of each of the consolidating or merging cooperatives and a claim existing or action or proceeding pending by or against the consolidating or merging cooperatives may be prosecuted as if the consolidation or merger had not taken place, but the new consolidated or surviving cooperative may be substituted in its place.(d) Neither the rights of creditors nor liens upon the property of the cooperatives are impaired by the consolidation or merger.
