Current through the 2024 Fourth Special Session
Section 48-3a-1045 - Statement of conversion(1) A statement of conversion must be signed by the converting entity and delivered to the division for filing.(2) A statement of conversion must contain:(a) the name, jurisdiction of formation, and type of entity of the converting entity;(b) the name, jurisdiction of formation, and type of entity of the converted entity;(c) if the converting entity is a domestic entity, a statement that the plan of conversion was approved in accordance with Sections 48-3a-1041 through 48-3a-1046 or, if the converting entity is a foreign entity, a statement that the conversion was approved by the foreign converting entity in accordance with the law of its jurisdiction of formation;(d) if the converted entity is a domestic filing entity, the text of its public organic record, as an attachment;(e) if the converted entity is a domestic limited liability partnership, the text of its statement of qualification, as an attachment; and(f) if the converted entity is a foreign entity that is not a registered foreign entity, a mailing address to which the division may send any process served on the division pursuant to Subsection 48-3a-1046(5).(3) In addition to the requirements of Subsection (2), a statement of conversion may contain any other provision not prohibited by law.(4) If a converted entity is a domestic entity, its public organic record, if any, must satisfy the requirements of the law of this state, but the public organic record does not need to be signed.(5) A plan of conversion that is signed by a domestic converting entity and meets all the requirements of Subsection (2) may be delivered to the division for filing instead of a statement of conversion and on filing has the same effect. If a plan of conversion is filed as provided in this Subsection (5), references in this part to a statement of conversion refer to the plan of conversion filed under this Subsection (5).Added by Chapter 412, 2013 General Session ,§ 379, eff. 1/1/2014.