{"data":{"id":"us-ar/ark.-code-ann.-4-32-1209","jurisdiction":"us-ar","citation":"Ark. Code Ann. § 4-32-1209","heading":"Effect of merger.","body":"(a) When a merger becomes effective:\n(1) The surviving organization continues or comes into existence;\n(2) Each constituent organization that merges into the surviving organization ceases to exist as a separate entity;\n(3) All property owned by each constituent organization that ceases to exist vests in the surviving organization;\n(4) All debts, liabilities, and other obligations of each constituent organization that ceases to exist continue as obligations of the surviving organization;\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(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(7) Except as otherwise provided in the plan of merger, the terms and conditions of the plan of merger take effect;\n(8) Except as otherwise agreed, if a constituent limited liability company ceases to exist, the merger does not dissolve the limited liability company under § 4-32-901 et seq.; and\n(9) Any amendments provided for in the articles of merger for the organizational documents of the surviving organization become effective.\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.\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:\n(A) Fails to appoint an agent for service of process under § 4-20-112;\n(B) No longer has an agent for service of process; or\n(C) Has an agent for service of process that cannot with reasonable diligence be served.","path":["Title 4 Business and Commercial Law","Subtitle 3. Corporations and Associations","Chapter 32 Small Business Entity Tax Pass Through Act","Subchapter 12 — Conversion and Merger"],"source_url":"https://archive.org/download/gov.ar.code/release78.2020.11.06/gov.ar.code.title.04.odt","current_through":"2020-11-06","vintage":"Arkansas Code Release 78 (2020-11), retrieved 2026-09-17; absent from the newer snapshot, which serves other sections of this chapter, so it may since have been repealed or amended","retrieved_at":"2026-09-17T21:07:03Z","sha256":"652ab406e1f32648a792af63c2d93f9b29bd110e80661c152646e38c877a2695","source_id":"us-ar","stale":false,"prev":"us-ar/ark.-code-ann.-4-32-1208","next":"us-ar/ark.-code-ann.-4-32-1210"},"notice":"GroundRules: Original legal text. Not legal advice."}