Section 910. Merger or consolidation of corporations formed under the religious corporations law and certain other corporations formed for religious purposes


Latest version.
  • (a)  One  or more corporations formed under the religious corporations
      law and one or more corporations formed for religious purposes to  which
      the not-for-profit corporation law applies by virtue of paragraph (a) of
      section  one hundred three of this chapter may be merged or consolidated
      pursuant to section nine  hundred  one,  with  the  effect  provided  in
      section  nine hundred one and paragraph (b) of section nine hundred five
      of this chapter.
        (b) Each corporation which is a party to such merger or  consolidation
      shall  comply  with  the provisions of this section and of sections 902,
      903, 904 and 907 of this chapter and, if and to the  extent  applicable,
      sections 906 and 909 of this chapter.
        (c)  If  the  surviving  corporation  or consolidated corporation is a
      domestic  or  authorized  foreign  corporation  not  formed  under   the
      religious   corporations   law,   then,   a  certificate  of  merger  or
      consolidation shall be filed with  the  department  of  state,  and  the
      surviving  or  consolidated corporation shall thereafter cause a copy of
      such certificate, certified by the department of state, to be  filed  in
      the  office  of  the  clerk  of  the  county  in  which each constituent
      corporation other than the surviving corporation is located, the  county
      in  which  the certificate of incorporation of each constituent domestic
      corporation or application for authority of each constituent  authorized
      foreign  corporation, other than the surviving corporation, is filed and
      the office of the official who is the recording officer of  such  county
      in  this state in which real property of a constituent corporation other
      than the surviving corporation, is located.
        (d) If the surviving corporation  or  consolidated  corporation  is  a
      corporation  formed  under  the  religious  corporations  law, then, the
      certificate of merger or consolidation shall be filed with the office of
      the official in which the certificate of incorporation of the  surviving
      or consolidated corporation was filed, and the surviving or consolidated
      corporation shall thereafter cause a copy of such certificate, certified
      by  such  office,  to be filed in the office in which the certificate of
      incorporation of each constituent domestic  corporation  or  application
      for  authority  of  each  authorized  foreign corporation other than the
      surviving corporation was filed, and in the office of the  official  who
      is  the  recording  officer  of  each county in this state in which real
      property of a constituent  corporation,  other  than  the  surviving  or
      consolidated corporation, is located.
        (e)  Such  merger or consolidation shall become effective with respect
      to each constituent corporation upon the  filing  of  a  certificate  of
      merger  or consolidation or certified copy thereof pursuant to paragraph
      (c) or paragraph (d) of this  section  with  the  appropriate  state  or
      county  official  therein  specified.  With  respect  to  the  surviving
      corporation, such merger may become effective on  such  date  subsequent
      thereto,  not  to  exceed  thirty  days,  as  shall be set forth in such
      certificate. The filing of  a  certified  copy  with  the  office  of  a
      recording  officer  of  a county in which real property is located shall
      not be a condition precedent to such merger  or  consolidation  becoming
      effective.