Sec. 3. (a) This section does not apply to a limited liability company that is a party to a merger if the members are not entitled to vote on the merger under IC 23-0.6-2-3 . (b) If: (1) a domestic entity that is not a series limited liability company is a party to: (A) a merger, consolidation, or conversion; or (B) the exchanging entity in a share exchange; and (2) the surviving entity in the merger, consolidation, conversion, or share exchange is to be a series limited liability company; the plan of merger, consolidation, conversion, or share exchange must be adopted by the domestic entity by unanimous consent of the members, shareholders, or partners, as applicable.
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