Fillable CERTIFICATE OF MERGER OR CONSOLIDATION

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CERTIFICATE OF MERGER OR CONSOLIDATION

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CERTIFICATE OF MERGER OR CONSOLIDATION
DOMESTIC CORPORATION & BUSINESS ENTITY
TO: MUSCOGEE (CREEK) NATION SECRETARY OF THE NATION
P.O.
Box 580
Okmulgee, OK 74447
(918) 549-2607
SPECIAL INSTRUCTIONS: Submit this form to file a merger or consolidation pursuant to Section 1090.2
of the Muscogee (Creek) Nation General Corporation Act. Please consult the Act carefully. Use this form
ONLY when one or more Muscgoee (Creek) Nation corporations merge with one or more business entities,
of this Nation or of any other state or states of the United States or of the District of Columbia. As used in
this section, “business entity” means a domestic or foreign partnership whether general or limited, limited
liability company, business trust, common law trust, or other unincorporated business.
FILING FEE: If the survivor is: (1) Muscogee (Creek) Nation corporation - $100.00 minimum; (2)
Muscogee (Creek) Nation not for profit corporation - $25.00; (3) Muscogee (Creek) Nation limited
partnership - $100.00; (4) Foreign limited partnership - $100.00; (5) Foreign limited liability company -
$100.00; (6) Other Muscogee (Creek) Nation business entity - $100.00; or (7) Other foreign business entity -
$100.00.
A. The Agreement of Merger or Consolidation, ATTACHED HERETO, has been adopted, approved,
certified, executed, and acknowledged by each of the corporations in the same manner as is provided in Title
3, Section 1081 and, in the case of the business entities, in accordance with their constituent agreements and
in accordance with the laws of the state under which they are formed, as the case may be.
OR
B. In lieu of filing an executed agreement of merger or consolidation, the surviving or resulting
corporation or business entity hereby states and certifies as follows:
1. The name, type of entity and state of domicile of each of the constituent entities:
NAME OF ENTITY TYPE OF ENTITY STATE OF DOMICILE
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
(See “Special Instructions” above to identify type of business entity.)
2. An agreement of merger or consolidation has been approved, adopted, certified, executed, and
acknowledged by each of the constituent entities in accordance with Title 3, Section 1090.2(C).
3. The name of the surviving or resulting corporation or business entity:
________________________________________________________________________________________
4. Check the statement applicable to the merger or consolidation:
9 A corporation is the surviving entity of the merger and no amendments or changes are
desired so that the certificate of incorporation of the surviving corporation shall be its
certificate of incorporation.
9 A corporation is the surviving entity of the merger and any amendments or changes in the
certificate of incorporation as are desired to be effected by the merger are set out in an
attachment hereto.
9 A corporation is the resulting entity of a consolidation and the certificate of incorporation
of the resulting corporation is set forth in an attachment hereto.
9 A business entity is the resulting entity of a consolidation and the charter of the resulting
PRINT CLEARLY
entity is set forth in an attachment hereto.
5. The executed agreement of consolidation or merger is on file at the principal place of business of the
surviving corporation or business entity at the following address:
_____________________________________________________________________________________
Street Address City State Zip Code
6. A copy of the agreement of consolidation or merger shall be furnished by the surviving or resulting
entity, on request and without cost, to any shareholder or any constituent corporation or any partner
of any constituent business entity.
7.
9 Check, if applicable, and complete the required information:
The entity surviving or resulting from the merger or consolidation is to be governed by the laws of
the District of Columbia or any state or Nation other than the Muscogee (Creek) Nation and hereby agrees
that it may be served with process in this Nation in any proceeding for enforcement of any obligation of any
constituent corporation or business entity of this Nation, as well as for enforcement of any obligation of the
surviving or resulting corporation or business entity arising from the merger or consolidation, including any
suit or other proceeding to enforce the right of any shareholders as determined in appraisal proceedings
pursuant to the provisions of Title 3, Section 1091.
The surviving or resulting entity irrevocably appoints the Secretary of the Nation as its agent to accept service
of process in any such suit or other proceedings. The address to which a copy of any process shall be mailed
by the Secretary of the Nation is:
_____________________________________________________________________________________
Street Address City State Zip Code
IN WITNESS WHEREOF, such surviving or resulting entity has caused this certificate of merger
or consolidation to be executed this _______ day of ____________________, _______.
_____________________________________ _______________________________________
Signature Signature
_____________________________________ _______________________________________
Type or Print Name & Title, If applicable Type or Print Name & Title, If Applicable
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CERTIFICATE OF MERGER OR CONSOLIDATION

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Completed 1 February 2022

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