{"data":{"id":"us-ky/krs-386a.7-040","jurisdiction":"us-ky","citation":"KRS 386A.7-040","heading":"Articles of merger.","body":"(1) The surviving constituent organization shall deliver to the Secretary of State for\nfiling articles of merger duly executed by each constituent organization setting\nforth:\n(a) The name and jurisdiction of incorporation, formation, or organization of each\nconstituent organization which is to merge;\n(b) The plan of merger;\n(c) The name of the surviving constituent organization;\n(d) A statement that the plan of merger was duly authorized and approved by each\nconstituent organization in accordance with KRS 386A.7-020; and\n(e) If the surviving constituent organization is not incorporated, formed, or\norganized under the laws of this Commonwealth, a statement that the\nsurviving constituent organization:\n1. Agrees that it may be served with process in this Commonweal th in any\nproceeding for enforcement of any obligation of any constituent\norganization party to the merger that was incorporated, formed, or\norganized under the laws of this Commonwealth, as well as for\nenforcement of any obligation of the surviving consti tuent organization\narising from the merger; and\n2. Appoints the Secretary of State as its agent for service of process in any\nsuch proceeding. The surviving constituent organization shall specify the\naddress to which a copy of the process shall be mailed t o it by the\nSecretary of State.\n(2) A merger shall take effect upon the effective date and time of the articles of merger\nas provided in KRS 14A.2-070.\n(3) A plan of merger approved in accordance with KRS 386A.7 -020 may effect any\namendment to the certificate of trust or governing instrument of a statutory trust if it\nis the surviving constituent organization. An approved plan of merger may also\nprovide that the governing instrument of any constituent statutory trust to the\nmerger, including a statutory tru st formed for the purpose of consummating a\nmerger, shall be the governing instrument of the statutory trust that is the surviving\nconstituent organization. Any amendment to a certificate of trust or governing\ninstrument or adoption of a new governing inst rument made pursuant to this\nsubsection shall be effective at the effective date and time of the merger.","path":[],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=40401","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:18Z","sha256":"a84b37f477cc623647b7a2d2bd67a4091353b84a98087940e5694486e6579d87","source_id":"us-ky","stale":false,"prev":"us-ky/krs-386a.7-030","next":"us-ky/krs-386a.7-050"},"notice":"GroundRules: Original legal text. Not legal advice."}