Code of the District of Columbia

§ 29–1207.04. Filings required for merger; effective date.

(a) After each constituent organization has approved a merger, articles of merger shall be signed on behalf of each:

(1) Constituent statutory trust, by one or more trustees or other authorized representative; and

(2) Other constituent organization, by an authorized representative.

(b) Articles of merger under this section shall include:

(1) The name and form of each constituent organization and the jurisdiction of its governing law;

(2) The name and form of the surviving organization, the jurisdiction of its governing law, and, if the surviving organization is created by the merger, a statement to that effect;

(3) If the surviving organization is to be created by the merger:

(A) If it will be a statutory trust, the trust’s certificate of trust; or

(B) If it will be an organization other than a statutory trust, the organizational document that creates the organization;

(4) If the surviving organization preexisted the merger, any amendments provided for in the plan of merger for the organizational document that created the organization;

(5) A statement as to each constituent organization that the merger was approved as required by the organization’s governing law;

(6) If the surviving organization is a foreign organization not authorized to do business in the District, the street and mailing address of an office that the Mayor may use for the purposes of § 29-1207.05(b); and

(7) Any additional information required by the governing law of any constituent organization.

(c) The articles of merger shall be delivered to the office of the Mayor for filing.

(d) A merger shall be effective under this chapter:

(1) If the surviving organization is a statutory trust, upon the later of:

(A) Filing of the articles of merger by the Mayor; or

(B) Subject to § 29-102.03, as specified in the articles of merger; or

(2) If the surviving organization is not a statutory trust, as provided by the governing law of the surviving organization[.]


(July 2, 2011, D.C. Law 18-378, § 2, 58 DCR 1720.)

Section References

This section is referenced in § 29-1207.03.

Editor's Notes

Uniform Law: This section is based on § 704 of the Uniform Statutory Trust Entity Act.