(1) A statement of domestication must be signed on behalf of the domesticating entity and filed with the secretary of state. (2) A statement of domestication must contain: (a) The name, jurisdiction of organization, and type of the domesticating entity; (b) The name and jurisdiction of organization of the domesticated entity; (c) If the statement of domestication is not to be effective upon filing, the later date and time on which it will become effective, which may not be more than ninety (90) days after the date of filing; (d) If the domesticating entity is a domestic entity, a statement that the plan of domestication was approved in accordance with this part or, if the domesticating entity is a foreign entity, a statement that the domestication was approved in accordance with the law of its jurisdiction of organization; (e) If the domesticated entity is a domestic filing entity, its public organic document, as an attachment; (f) If the domesticated entity is a domestic limited liability partnership, its statement of qualification, as an attachment; and (g) If the domesticated entity is a foreign entity that is not a qualified foreign entity, a mailing address to which the secretary of state may send any process served on the secretary of state pursuant to section 30-18-506 (5), Idaho Code. (3) In addition to the requirements of subsection (2) of this section, a statement of domestication may contain any other provision not prohibited by law. (4) If the domesticated entity is a domestic entity, its public organic document, if any, must satisfy the requirements of the law of this state, except that it does not need to be signed and may omit any provision that is not required to be included in a restatement of the public organic document. (5) A plan of domestication that is signed on behalf of a domesticating domestic entity and meets all of the requirements of subsection (2) of this section may be filed with the secretary of state instead of a statement of domestication and upon filing has the same effect. If a plan of domestication is filed as provided in this subsection (5), references in this chapter to a statement of domestication refer to the plan of domestication filed under this subsection (5). (6) A statement of domestication becomes effective upon the date and time of filing or the later date and time specified in the statement of domestication.
‹ Prev All Idaho sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.