47-1A-1102.2. Procedures for approval of merger if not in organic law of entity.
If the organic law of a domestic eligible entity does not provide procedures for the approval of a merger, a plan of merger may be adopted and approved, the merger effectuated, and appraisal rights exercised in accordance with the procedures in §§47-1A-1101 to 47-1A-1108, inclusive, and §§47-1A-1301 to 47-1A-1331.2, inclusive. For the purposes of applying §§47-1A-1101 to 47-1A-1108, inclusive, and §§47-1A-1301 to 47-1A-1331.2, inclusive:
(1)The eligible entity, its members or interest holders, eligible interests, and organic documents taken together shall be deemed to be a domestic business corporation, shareholders, shares, and articles of incorporation, respectively and vice versa as the context may require; and
(2)If the business and affairs of the eligible entity are managed by a group of persons that is not identical to the members or interest holders, that group shall be deemed to be the board of directors.
Source: SL 2005, ch 239, §251.