[§414D-205] Merger with foreign corporation. (a) One or more foreign businesses or nonprofit corporations may merge with one or more domestic nonprofit corporations if:

(1) The merger is permitted by the law of the state or country under whose law each foreign corporation is incorporated and each foreign corporation complies with that law in effecting the merger;

(2) The foreign corporation complies with section 414D-203 if it is the surviving corporation of the merger; and

(3) Each domestic nonprofit corporation complies with the applicable provisions of sections 414D-201 and 414D-202; provided that if it is the surviving corporation of the merger, compliance is with section 414D-203.

(b) The surviving foreign business or nonprofit corporation is deemed to have irrevocably appointed a resident of this State as its agent for service of process in any proceeding brought against it. [L 2001, c 105, pt of §1]