Arkansas § 4-37-608 - Application of § 4-37-404 after merger.
Full text of Arkansas Arkansas Code of 1987 Annotated § 4-37-608 — Application of § 4-37-404 after merger., with citation guidance and answers to common questions.
§ 4-37-608. Application of § 4-37-404 after merger.
A creditor's right that existed under § 4-37-404 immediately before a merger under § 4-37-604 may be enforced after the merger in accordance with the following rules: A creditor's right that existed immediately before the merger against the surviving company, a continuing protected series, or a relocated protected series continues without change after the merger. A creditor's right that existed immediately before the merger against a nonsurviving company: may be asserted against an asset of the non-surviving company which vested in the surviving company as a result of the merger; and does not otherwise change. Subject to subsection (b), the following rules apply: In addition to the remedy stated in subdivision (a)(1), a creditor with a right under § 4-37-404 which existed immediately before the merger against a non-surviving company or a relocated protected series may assert the right against: an asset of the surviving company, other than an asset of the non-surviving company which vested in the surviving company as a result of the merger; an asset of a continuing protected series; or an asset of a protected series established by the surviving company as a result of the merger; if the creditor's right was against an asset of the non-surviving company, an asset of a relocated series; or if the creditor's right was against an asset of a relocated protected series, an asset of another relocated protected series. In addition to the remedy stated in subdivision (a)(2), a creditor with a right that existed immediately before the merger against the surviving company or a continuing protected series may assert the right against: an asset of a relocated protected series; or an asset of a non-surviving company which vested in the surviving company as a result of the merger. For the purposes of subdivision (a)(3) and § 4-37-404(b)(1)(A), § 4-37-404(b)(2)(A), and § 4-37-404(b)(3)(A), the incurrence date is deemed be the date on which the merger becomes effective. A merger under § 4-37-604 does not affect the manner in which § 4-37-404 applies to a liability incurred after the merger.
Source: official Arkansas text · Last verified 2026-08-27
Frequently Asked Questions About Arkansas § 4-37-608
What does Arkansas Code of 1987 Annotated § 4-37-608 cover?
Section 4-37-608 ("Application of § 4-37-404 after merger.") is part of the Arkansas Code of 1987 Annotated, the codified statutory law of Arkansas. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Arkansas § 4-37-608?
A common citation format is "Arkansas Code of 1987 Annotated § 4-37-608" (Arkansas). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Arkansas law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Arkansas official source linked on this page or consult a licensed Arkansas attorney.
How does Arkansas § 4-37-608 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Arkansas can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Arkansas.