1. A corporation may merge or consolidate with a foreign corporation by following the procedures set forth in this section, if the merger or consolidation is permitted by the laws of the state under which the foreign corporation is incorporated. 2. Each corporation shall comply with sections 10-33-85 through 10-33-91 with respect to the merger or consolidation of corporations and each foreign corporation shall comply with the laws under which it was incorporated or by which it is governed. 3. If the single corporation will be incorporated under this chapter, it shall comply with this chapter. 4. If the single corporation will be a foreign corporation and will conduct activities in this state, then it shall comply with the provisions of sections 10 -33-125 through 10-33-138 with respect to foreign corporations. In every case the single corporation shall file with the secretary of state: a. An agreement that it may be served with process in this state in a proceeding for the enforcement of an obligation of a constituent corporation; and b. An irrevocable appointment of the secretary of state as its agent to accept service of process in any proceeding and an address to which process may be forwarded as provided in section 10-01.1-13.
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