(c) The plan required by subsection (b) of this Section shall be adopted and
approved
by the constituent corporation or corporations in the same manner as is
provided in
Sections 11.05, 11.15, and 11.20 of this Act and, in the case of a limited
liability
company, in accordance with the terms of its operating agreement, if any, and
in
accordance with the laws under which it was formed.
(d) Upon this approval, articles of merger shall be executed by each
constituent corporation and limited liability company and filed with the
Secretary of State. The merger shall become
effective for all purposes of the laws of this State when and as provided in
Section
11.40 of this Act with respect to the merger of corporations of this State.
(e) If the surviving entity is to be governed by the laws of the District of
Columbia or any state other than this State, it shall file with the
Secretary of
State of this State an agreement that it may be served with process in this
State in
any proceeding for enforcement of any obligation of any constituent corporation
or
limited liability company of this State, as well as for enforcement of any
obligation of
the surviving corporation or limited liability company arising from the merger,
including any suit or other proceeding to enforce the shareholders right to
dissent as
provided in Section 11.70 of this Act, and shall irrevocably appoint the
Secretary of
State of this State as its agent to accept service of process in any such suit
or other
proceedings.
(f) Section 11.50 of this Act shall, insofar as it is applicable, apply to
mergers between domestic corporations and limited liability companies.
(g) In any merger under this Section, the surviving entity shall not
engage in any business or exercise any power that a domestic corporation or
domestic limited liability company may not otherwise engage in or exercise in
this State. Furthermore, the surviving entity shall be governed by the
ownership and control restrictions in Illinois law applicable to that type of
entity.
(Source: P.A. 96-1121, eff. 1-1-11.)
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