§ 48-3a-1035. Statement of interest exchange.

(1) A statement of interest exchange must be signed by a domestic acquired limited liability company and delivered to the division for filing.

(2) A statement of interest exchange must contain:

(a) the name of the acquired limited liability company;

(b) the name, jurisdiction of formation, and type of entity of the acquiring entity;

(c) a statement that the plan of interest exchange was approved by the acquired limited liability entity in accordance with Sections 48-3a-1031 through 48-3a-1036; and

(d) any amendments to the acquired limited liability company's certificate of organization approved as part of the plan of interest exchange.

(3) In addition to the requirements of Subsection (2), a statement of interest exchange may contain any other provision not prohibited by law.

(4) A plan of interest exchange that is signed by a domestic acquired limited liability company and meets all the requirements of Subsection (2) may be delivered to the division for filing instead of a statement of interest exchange and on filing has the same effect. If a plan of interest exchange is filed as provided in this Subsection (4), references in this part to a statement of interest exchange refer to the plan of interest exchange filed under this Subsection (4).

Enacted by Chapter 412, 2013 General Session