(805 ILCS 105/111.35) (from Ch. 32, par. 111.35)
Sec. 111.35.
Merger or consolidation of domestic and
foreign corporations. One or more domestic corporations and
one or more foreign corporations may be merged or
consolidated in the following manner, provided such merger
or consolidation is permitted by the laws of the State or
country under which each such foreign corporation is
organized:
(a) Each domestic corporation shall comply with the
provisions of this Act with respect to the merger or
consolidation, as the case may be, of domestic corporations
and each foreign corporation shall comply with the
applicable provisions of the laws of the State or country
under which it is organized.
(b) If the surviving or new corporation, as the case may
be, is to be governed by the laws of any State or country
other than this State, it shall comply with the provisions
of this Act with respect to foreign corporations if it is to
conduct its affairs in this State, and in every case it
shall file with the Secretary of State of this State:
(1) An agreement that it may be served with
process in this State in any proceeding for the enforcement
of any obligation of any domestic corporation which is a
party to such merger or consolidation; and
(2) An irrevocable appointment of the Secretary
of State of this State as its agent to accept service of
process in any such proceeding.
(c) The effect of such merger or consolidation shall be the
same as in the case of the merger or consolidation of
domestic corporations, except, if the surviving or new
corporation is to be governed by the laws of any State or
country other than this State, only to the extent that the
laws of such other State or country shall otherwise provide.
(Source: P.A. 84-1423.)
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