Sec. 5. (a) This section does not apply to a corporation that is a party to a merger if the shareholders of the corporation are not entitled to vote on the merger under IC 23-1-40.
(b) If a plan of merger, consolidation, conversion, or share exchange would have the effect of terminating the status of a corporation as a benefit corporation, the plan must be adopted by at least a minimum status vote in order to be effective.
As added by P.L.93-2015, SEC.3.
Structure Indiana Code
Title 23. Business and Other Associations
Article 1.3. Benefit Corporations
Chapter 3. Benefit Corporation Status
23-1.3-3-1. Incorporation as Benefit Corporation
23-1.3-3-3. Plan of Merger, Consolidation, Conversion, or Share Exchange; Minimum Status Vote
23-1.3-3-4. Terminating Status; Minimum Status Vote
23-1.3-3-6. Requirements for Sale, Lease, Exchange, or Other Disposition of Assets