2023 Montana Code Annotated
Title 35. Corporations, Partnerships, and Associations
Chapter 17. Cooperative Agricultural Marketing
Part 5. Merger, Consolidation, and Sale of Assets
35-17-505. Effect of merger or consolidation -- rights and obligations -- rights of creditors not impaired
35-17-505. Effect of merger or consolidation -- rights and obligations -- rights of creditors not impaired. (1) On the effective date, the associations that are parties to a plan adopted pursuant to this part become a single association. In the case of a merger, the surviving association is that association designated in the plan. The articles and bylaws of the surviving association are amended to the extent provided in the documents setting forth the plan of merger. In the case of a consolidation, the new association is the association provided for in the plan. The separate existence of all associations that are parties to the plan, except the surviving or new association, then ceases.
(2) The surviving or new association possesses all the rights and all the property of each of the individual associations and is responsible for all their obligations. Title to any property is vested in the surviving or new association with no reversion or impairment of title caused by the merger or consolidation.
(3) The right of any creditor may not be impaired by the merger or consolidation without the creditor's consent.
History: En. 14-431 by Sec. 5, Ch. 298, L. 1977; R.C.M. 1947, 14-431(7); amd. Sec. 159, Ch. 575, L. 1981; amd. Sec. 1336, Ch. 56, L. 2009.
