{"data":{"id":"us-ar/ark.-code-ann.-4-37-608","jurisdiction":"us-ar","citation":"Ark. Code Ann. § 4-37-608","heading":"Application of Section 4-37-404 after merger","body":"(a) A creditor's right that existed under § 4-37-404 immediately before a merger under § 4-37-604 may be enforced after the merger in accordance with the following rules: (1) A creditor's right that existed immediately before the merger against the surviving company, a continuing protected series, or a relocated protected series continues without change after the merger. (2) A creditor's right that existed immediately before the merger against a nonsurviving company: (A) may be asserted against an asset of the non-surviving company which vested in the surviving company as a result of the merger; and (B) does not otherwise change. (3) Subject to subsection (b), the following rules apply: (A) In addition to the remedy stated in subdivision (a)(1), a creditor with a right under § 4-37-404 which existed immediately before the merger against a non-surviving company or a relocated protected series may assert the right against: (i) an asset of the surviving company, other than an asset of the non-surviving company which vested in the surviving company as a result of the merger; (ii) an asset of a continuing protected series; or (iii) an asset of a protected series established by the surviving company as a result of the merger; (iv) if the creditor's right was against an asset of the non-surviving company, an asset of a relocated series; or (v) if the creditor's right was against an asset of a relocated protected series, an asset of another relocated protected series. (B) In addition to the remedy stated in subdivision (a)(2), a creditor with a right that existed immediately before the merger against the surviving company or a continuing protected series may assert the right against: (i) an asset of a relocated protected series; or (ii) an asset of a non-surviving company which vested in the surviving company as a result of the merger. (b) For the purposes of subdivision (a)(3) and § 4-37-404(b)(1)(A) , § 4-37-404(b)(2)(A) , and § 4-37-404(b)(3)(A) , the incurrence date is deemed be the date on which the merger becomes effective. (c) A merger under § 4-37-604 does not affect the manner in which § 4-37-404 applies to a liability incurred after the merger. Added by Act 2019, No. 665,§ 1, eff. 7/24/2019.\n\n(a) A creditor's right that existed under § 4-37-404 immediately before a merger under § 4-37-604 may be enforced after the merger in accordance with the following rules: (1) A creditor's right that existed immediately before the merger against the surviving company, a continuing protected series, or a relocated protected series continues without change after the merger. (2) A creditor's right that existed immediately before the merger against a nonsurviving company: (A) may be asserted against an asset of the non-surviving company which vested in the surviving company as a result of the merger; and (B) does not otherwise change. (3) Subject to subsection (b), the following rules apply: (A) In addition to the remedy stated in subdivision (a)(1), a creditor with a right under § 4-37-404 which existed immediately before the merger against a non-surviving company or a relocated protected series may assert the right against: (i) an asset of the surviving company, other than an asset of the non-surviving company which vested in the surviving company as a result of the merger; (ii) an asset of a continuing protected series; or (iii) an asset of a protected series established by the surviving company as a result of the merger; (iv) if the creditor's right was against an asset of the non-surviving company, an asset of a relocated series; or (v) if the creditor's right was against an asset of a relocated protected series, an asset of another relocated protected series\nger; (ii) an asset of a continuing protected series; or (iii) an asset of a protected series established by the surviving company as a result of the merger; (iv) if the creditor's right was against an asset of the non-surviving company, an asset of a relocated series; or (v) if the creditor's right was against an asset of a relocated protected series, an asset of another relocated protected series. (B) In addition to the remedy stated in subdivision (a)(2), a creditor with a right that existed immediately before the merger against the surviving company or a continuing protected series may assert the right against: (i) an asset of a relocated protected series; or (ii) an asset of a non-surviving company which vested in the surviving company as a result of the merger.\n\n(1) A creditor's right that existed immediately before the merger against the surviving company, a continuing protected series, or a relocated protected series continues without change after the merger.\n\n(2) A creditor's right that existed immediately before the merger against a nonsurviving company: (A) may be asserted against an asset of the non-surviving company which vested in the surviving company as a result of the merger; and (B) does not otherwise change.\n\n(A) may be asserted against an asset of the non-surviving company which vested in the surviving company as a result of the merger; and\n\n(B) does not otherwise change.\n\n(3) Subject to subsection (b), the following rules apply: (A) In addition to the remedy stated in subdivision (a)(1), a creditor with a right under § 4-37-404 which existed immediately before the merger against a non-surviving company or a relocated protected series may assert the right against: (i) an asset of the surviving company, other than an asset of the non-surviving company which vested in the surviving company as a result of the merger; (ii) an asset of a continuing protected series; or (iii) an asset of a protected series established by the surviving company as a result of the merger; (iv) if the creditor's right was against an asset of the non-surviving company, an asset of a relocated series; or (v) if the creditor's right was against an asset of a relocated protected series, an asset of another relocated protected series. (B) In addition to the remedy stated in subdivision (a)(2), a creditor with a right that existed immediately before the merger against the surviving company or a continuing protected series may assert the right against: (i) an asset of a relocated protected series; or (ii) an asset of a non-surviving company which vested in the surviving company as a result of the merger.\n\n(A) In addition to the remedy stated in subdivision (a)(1), a creditor with a right under § 4-37-404 which existed immediately before the merger against a non-surviving company or a relocated protected series may assert the right against: (i) an asset of the surviving company, other than an asset of the non-surviving company which vested in the surviving company as a result of the merger; (ii) an asset of a continuing protected series; or (iii) an asset of a protected series established by the surviving company as a result of the merger; (iv) if the creditor's right was against an asset of the non-surviving company, an asset of a relocated series; or (v) if the creditor's right was against an asset of a relocated protected series, an asset of another relocated protected series.\n\n(i) an asset of the surviving company, other than an asset of the non-surviving company which vested in the surviving company as a result of the merger;\n\n(ii) an asset of a continuing protected series; or\n\n(iii) an asset of a protected series established by the surviving company as a result of the merger;\n\n(iv) if the creditor's right was against an asset of the non-surviving company, an asset of a relocated series; or\nrviving company, other than an asset of the non-surviving company which vested in the surviving company as a result of the merger;\n\n(ii) an asset of a continuing protected series; or\n\n(iii) an asset of a protected series established by the surviving company as a result of the merger;\n\n(iv) if the creditor's right was against an asset of the non-surviving company, an asset of a relocated series; or\n\n(v) if the creditor's right was against an asset of a relocated protected series, an asset of another relocated protected series.\n\n(B) In addition to the remedy stated in subdivision (a)(2), a creditor with a right that existed immediately before the merger against the surviving company or a continuing protected series may assert the right against: (i) an asset of a relocated protected series; or (ii) an asset of a non-surviving company which vested in the surviving company as a result of the merger.\n\n(i) an asset of a relocated protected series; or\n\n(ii) an asset of a non-surviving company which vested in the surviving company as a result of the merger.\n\n(b) For the purposes of subdivision (a)(3) and § 4-37-404(b)(1)(A) , § 4-37-404(b)(2)(A) , and § 4-37-404(b)(3)(A) , the incurrence date is deemed be the date on which the merger becomes effective.\n\n(c) A merger under § 4-37-604 does not affect the manner in which § 4-37-404 applies to a liability incurred after the merger.","path":["AR Code","Title 4","Chapter 37","Subchapter 6"],"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":"aab5d30497a961417949216c5e4dafa56be5244b1bcbb5f6653f33d58bf8e195","source_id":"us-ar","stale":false,"prev":"us-ar/ark.-code-ann.-4-37-607","next":"us-ar/ark.-code-ann.-4-37-701"},"notice":"GroundRules: Original legal text. Not legal advice."}