(a) Except as otherwise provided in this section, by complying with this subchapter:
(1) One or more domestic entities may merge with one or more domestic or foreign entities into a domestic or foreign surviving entity; and
(2) Two or more foreign entities may merge into a domestic entity.
(b) Except as otherwise provided in this section, by complying with the provisions of this subchapter applicable to foreign entities a foreign entity may be a party to a merger under this subchapter or may be the surviving entity in such merger if the merger is authorized by the law of the foreign entity’s jurisdiction of formation.
(c) This subchapter shall not apply to a transaction under:
(1) Subchapter IX of Chapter 3 of this title;
(2) Subchapter IX of Chapter 4 of this title;
(3) Section 29-512;
(4) Subchapter IX of Chapter 6 of this title;
(5) Subchapter X of Chapter 7 of this title;
(6) Subchapter IX of Chapter 8 of this title;
(7) Subchapter XV of Chapter 10 of this title;
(8) Section 29-1126; or
(9) Subchapter VII of Chapter 12 of this title.
(July 2, 2011, D.C. Law 18-378, § 2, 58 DCR 1720; Mar. 5, 2013, D.C. Law 19-210, § 2(b)(4), 59 DCR 13171.)
The 2013 amendment by D.C. Law 19-210 substituted “formation” for “organization” in (b); and substituted “Subchapter VII” for “Subchapter XII” in (c)(9).
Application of Law 19-210: Section 7 of D.C. Law 19-210 provided that the act shall apply as of January 1, 2012.