Current through the 2024 Fourth Special Session
Section 48-3a-1032 - Plan of interest exchange(1) A domestic limited liability company may be the acquired entity in an interest exchange under Sections 48-3a-1031 through 48-3a-1036 by approving a plan of interest exchange. The plan must be in a record and contain: (a) the name of the acquired entity;(b) the name, jurisdiction of formation, and type of entity of the acquiring entity;(c) the manner of converting the interests in the acquired entity into interests, securities, obligations, money, other property, rights to acquire interests or securities, or any combination of the foregoing;(d) any proposed amendments to the certificate of organization or operating agreement that are, or are proposed to be, in a record of the acquired entity;(e) the other terms and conditions of the interest exchange; and(f) any other provision required by the law of this state or the operating agreement of the acquired entity.(2) In addition to the requirements of Subsection (1), a plan of interest exchange may contain any other provision not prohibited by law.Added by Chapter 412, 2013 General Session ,§ 370, eff. 1/1/2014.