Section 34. Effect of consolidation or merger  


Latest version.
  • (a)  In  the  case  of a
      consolidation the existence  of  the  consolidating  cooperatives  shall
      cease  and  the articles of consolidation shall be deemed to be articles
      of incorporation of the new cooperative; and in the case of a merger the
      separate existence of the  merging  cooperatives  shall  cease  and  the
      articles  of  incorporation of the surviving cooperative shall be deemed
      to be amended to the extent, if any, that changes therein  are  provided
      for in the articles of merger;
        (b)  All  the  rights,  privileges,  immunities and franchises and all
      property, real and personal, including without  limitation  applications
      for  membership,  all debts due on whatever account and all other choses
      in action, of each of the consolidating or merging cooperatives shall be
      deemed to  be  transferred  to  and  vested  in  the  new  or  surviving
      cooperative without further act or deed;
        (c)  The  new or surviving cooperative shall be responsible and liable
      for all the liabilities and obligations of each of the consolidating  or
      merging  cooperatives  and  any  claim  existing or action or proceeding
      pending by or against any of the consolidating or  merging  cooperatives
      may be prosecuted as if the consolidation or merger had not taken place,
      but  the  new  or surviving cooperative may be substituted in its place;
      and
        (d) Neither the rights of creditors nor any liens upon the property of
      any of such cooperatives shall be  impaired  by  such  consolidation  or
      merger.