(1) Upon a conversion of a domestic entity into a foreign entity, a merger of a domestic entity and a foreign entity in which the foreign entity is the surviving entity, or an exchange between a domestic entity and a foreign entity in which the foreign entity is the acquiring entity, the foreign entity:
(a) Shall either:
Appoint a registered agent if the foreign entity has no registered agent and maintain aregistered agent pursuant to part 7 of this article 90, whether or not the foreign entity is otherwise required to do so, to accept service in any proceeding to enforce any obligation or rights of shareholders seeking appraisal rights in any domestic entity party to the conversion, merger, or exchange or in any proceeding based on a cause of action arising with respect to any domestic entity party to the conversion, merger, or exchange; or
Be deemed to have authorized service of process on it in connection with such causes of action by mailing in accordance with section 7-90-704 (2);
Shall promptly pay to shareholders seeking appraisal rights in each domestic entityparty to the conversion, merger, or exchange the amount, if any, to which they are entitled under the organic statutes; and
Shall comply with part 8 of this article 90 if it is to transact business or conductactivities in this state.
Source: L. 2004: Entire section added, p. 1474, § 207, effective July 1. L. 2006: (1)(a)(I) amended, p. 869, § 45, effective July 1. L. 2007: (1)(a)(I) amended, p. 240, § 25, effective May 29. L. 2019: Entire section amended, (SB 19-086), ch. 166, p. 1918, § 15, effective July 1, 2020.