Ark. Code § 4-38-1043

Current with legislation from 2024 Fiscal and Special Sessions.
Section 4-38-1043 - Approval of conversion
(a) A plan of conversion is not effective unless it has been approved:
(1) by a domestic converting limited liability company, by all the members of the limited liability company entitled to vote on or consent to any matter; and
(2) in a record, by each member of a domestic converting limited liability company which will have interest holder liability for debts, obligations, and other liabilities that are incurred after the conversion becomes effective, unless:
(A) the operating agreement of the company provides in a record for the approval of a conversion or a merger in which some or all of its members become subject to interest holder liability by the affirmative vote or consent of fewer than all the members; and
(B) the member voted for or consented in a record to that provision of the operating agreement or became a member after the adoption of that provision.
(b) A conversion involving a domestic converting entity that is not a limited liability company is not effective unless it is approved by the domestic converting entity in accordance with its organic law.
(c) A conversion of a foreign converting entity is not effective unless it is approved by the foreign entity in accordance with the law of the foreign entity's jurisdiction of formation.

Ark. Code § 4-38-1043

Added by Act 2021, No. 1041,§ 26, eff. 7/28/2021.