{"data":{"id":"us-ar/ark.-code-ann.-4-26-1010","jurisdiction":"us-ar","citation":"Ark. Code Ann. § 4-26-1010","heading":"Effect of merger","body":"(a) When a merger becomes effective: (1) The surviving organization continues or comes into existence; (2) Each constituent organization that merges into the surviving organization ceases to exist as a separate entity; (3) All property owned by each constituent organization that ceases to exist vests in the surviving organization; (4) All debts, liabilities, and other obligations of each constituent organization that ceases to exist continue as obligations of the surviving organization; (5) An action or proceeding pending by or against a constituent organization that ceases to exist may continue as if the merger had not occurred; (6) Except as prohibited by other law, all of the rights, privileges, immunities, powers, and purposes of each constituent organization that ceases to exist vest in the surviving organization; (7) Except as otherwise provided in the plan of merger, the terms and conditions of the plan of merger take effect; (8) Except as otherwise agreed, if a constituent corporation ceases to exist, the merger does not dissolve the corporation for purposes of § 4-26-1101 et seq.; and (9) Any amendments provided for in the articles of merger for the organizational documents of the surviving organization become effective. (b) (1) A surviving organization that is a foreign organization consents to the jurisdiction of the courts of this state to enforce any obligation owed by a constituent organization if before the merger the constituent organization was subject to suit in this state on the obligation. (2) A surviving organization that is a foreign organization and not authorized to transact business in this state may be served with process under § 4-20-113 if the surviving organization: (A) Fails to appoint an agent for service of process under § 4-20-112 ; (B) No longer has an agent for service of process; or (C) Has an agent for service of process that cannot with reasonable diligence be served. Acts 2009, No. 408, § 1.\n\n(a) When a merger becomes effective: (1) The surviving organization continues or comes into existence; (2) Each constituent organization that merges into the surviving organization ceases to exist as a separate entity; (3) All property owned by each constituent organization that ceases to exist vests in the surviving organization; (4) All debts, liabilities, and other obligations of each constituent organization that ceases to exist continue as obligations of the surviving organization; (5) An action or proceeding pending by or against a constituent organization that ceases to exist may continue as if the merger had not occurred; (6) Except as prohibited by other law, all of the rights, privileges, immunities, powers, and purposes of each constituent organization that ceases to exist vest in the surviving organization; (7) Except as otherwise provided in the plan of merger, the terms and conditions of the plan of merger take effect; (8) Except as otherwise agreed, if a constituent corporation ceases to exist, the merger does not dissolve the corporation for purposes of § 4-26-1101 et seq.; and (9) Any amendments provided for in the articles of merger for the organizational documents of the surviving organization become effective.\n\n(1) The surviving organization continues or comes into existence;\n\n(2) Each constituent organization that merges into the surviving organization ceases to exist as a separate entity;\n\n(3) All property owned by each constituent organization that ceases to exist vests in the surviving organization;\n\n(4) All debts, liabilities, and other obligations of each constituent organization that ceases to exist continue as obligations of the surviving organization;\n\n(5) An action or proceeding pending by or against a constituent organization that ceases to exist may continue as if the merger had not occurred;\ned by each constituent organization that ceases to exist vests in the surviving organization;\n\n(4) All debts, liabilities, and other obligations of each constituent organization that ceases to exist continue as obligations of the surviving organization;\n\n(5) An action or proceeding pending by or against a constituent organization that ceases to exist may continue as if the merger had not occurred;\n\n(6) Except as prohibited by other law, all of the rights, privileges, immunities, powers, and purposes of each constituent organization that ceases to exist vest in the surviving organization;\n\n(7) Except as otherwise provided in the plan of merger, the terms and conditions of the plan of merger take effect;\n\n(8) Except as otherwise agreed, if a constituent corporation ceases to exist, the merger does not dissolve the corporation for purposes of § 4-26-1101 et seq.; and\n\n(9) Any amendments provided for in the articles of merger for the organizational documents of the surviving organization become effective.\n\n(b) (1) A surviving organization that is a foreign organization consents to the jurisdiction of the courts of this state to enforce any obligation owed by a constituent organization if before the merger the constituent organization was subject to suit in this state on the obligation. (2) A surviving organization that is a foreign organization and not authorized to transact business in this state may be served with process under § 4-20-113 if the surviving organization: (A) Fails to appoint an agent for service of process under § 4-20-112 ; (B) No longer has an agent for service of process; or (C) Has an agent for service of process that cannot with reasonable diligence be served.\n\n(1) A surviving organization that is a foreign organization consents to the jurisdiction of the courts of this state to enforce any obligation owed by a constituent organization if before the merger the constituent organization was subject to suit in this state on the obligation.\n\n(2) A surviving organization that is a foreign organization and not authorized to transact business in this state may be served with process under § 4-20-113 if the surviving organization: (A) Fails to appoint an agent for service of process under § 4-20-112 ; (B) No longer has an agent for service of process; or (C) Has an agent for service of process that cannot with reasonable diligence be served.\n\n(A) Fails to appoint an agent for service of process under § 4-20-112 ;\n\n(B) No longer has an agent for service of process; or\n\n(C) Has an agent for service of process that cannot with reasonable diligence be served.","path":["AR Code","Title 4","Chapter 26","Subchapter 10"],"source_url":"https://oss-data-us.vaquill.ai/v2026.08/us_ar_statutes.parquet","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:41Z","sha256":"5428fbad098aa306eecb60434936728165fb02ffcfaa1ceebdf28c8f4a211492","source_id":"us-ar","stale":false,"prev":"us-ar/ark.-code-ann.-4-26-1009","next":"us-ar/ark.-code-ann.-4-26-1011"},"notice":"GroundRules: Original legal text. Not legal advice."}