Consolidation and Merger

As in the case of Articles of Organization, amendments and restated Articles, the requirements relative to consolidation and merger of a nonprofit corporation are based substantially on M.G.L. c. 156B. The applicable sections of M.G.L. c. 156B relative to consolidation and merger are §§ 78, 79, and 80. However, no such consolidation or merger shall be approved and filed by the Division: (a) If as a result thereof the name of a constituent corporation subject to the provisions of M.G.L. c. 180, § 26, would be changed, until after approval of such change by the Division; (b) If the purposes of the resulting or surviving corporation are such so as to require the approval of another department or officer of the Commonwealth, until after such approval. Under the provisions of M.G.L. c. 180, § 10, corporations organized under the laws of state other than the Commonwealth may merge into a non-profit corporation organized under M.G.L. c. 180. However, a corporation organized under M.G.L. c. 180 may not merge into a corporation organized under the laws of another state.