1.    Upon receiving the approval required by section 10-19.1-98, articles of merger must be prepared which contain:

Terms Used In North Dakota Code 10-19.1-99

  • Organization: includes a foreign or domestic association, business trust, corporation, enterprise, estate, joint venture, limited liability company, limited liability partnership, limited partnership, partnership, trust, or any legal or commercial entity. See North Dakota Code 1-01-49
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
  • Statute: A law passed by a legislature.

a.    The plan of merger; and

b.    A statement that the plan is approved by each constituent organization under this chapter or under its governing statute in the case of any other organization.

2.    The articles of merger must be signed on behalf of each constituent organization and filed with the secretary of state, together with the fees provided in section 10-19.1-147.

3.    The secretary of state shall issue a certificate of merger to the surviving constituent organization or the surviving constituent organization’s legal representative. The certificate must contain the effective date of merger.