Articles of Merger (North Carolina)
These are articles of merger for a nonprofit corporation in North Carolina. The form provided here is simply a sample of what the actual Form N-04 looks like.
State of North Carolina
Department of the Secretary of State
ARTICLES OF MERGER
NONPROFIT CORPORATION
Pursuant to ยง55A-11-04 of the General Statutes of North Carolina, the undersigned corporation does hereby submit the following Articles of Merger as the surviving corporation in a merger between two domestic nonprofit corporations.
1. The name of the surviving corporation is ____________________, a corporation organized under the laws of North Carolina;
the name of the merged corporation is ______________________, a corporation organized under the laws of North Carolina.
2. Attached is a copy of the Plan of Merger that was duly approved in the manner prescribed by law for each of the corporations participating in the merger.
3. With respect to the surviving corporation (check either a, b, and/or c, as applicable):
a. ___ Member approval was not required for the merger, and the plan of merger was approved by a sufficient vote of the board of directors.
b. ___ Member approval was required for the merger, and the plan of merger was approved by the members as required by Chapter 55A of the North Carolina General Statutes.
c. __ Approval of the plan of merger by some person or persons other than the members or the board was required pursuant to N.C.G.S. Section 55A-11-03(a)(3), and such approval was obtained.
4. With respect to the merged corporation (check either a, b, and/or c, as applicable):
a. ___ Member approval was not required for the merger, and the plan of merger was approved by a sufficient vote of the board of directors.
b. ___ Member approval was required for the merger, and the plan of merger was approved by the members as required by Chapter 55A of the North Carolina General Statutes.
c. ___ Approval of the plan of merger by some person or persons other than the members or the board was required pursuant to N.C.G.S. Section 55A-11-03(a)(3), and such approval was obtained.
5. These articles will be effective upon filing, unless a delayed date and/or time is specified:
____________________________
This is the _____day of ________________, 20___.
_______________________________________________
Name of Corporation
_______________________________________________
Signature
_______________________________________________
Type or Print Name and Title
Notes:
1. Filing fee is $25. This document and one exact or conformed copy of these articles must be filed with the Secretary of State.
2. Certificate(s) of Merger must be registered pursuant to the requirements of N.C.G.S. Section 47-18.1.