District Of Columbia § 29-409.01 - Preliminary provisions and restrictions.

Full text of District Of Columbia D.C. Code § 29-409.01 — Preliminary provisions and restrictions., with citation guidance and answers to common questions.

§ 29-409.01. Preliminary provisions and restrictions.

29-409.01
(a)

For the purposes of this subchapter, the term:

(1)

“Exchanging entity” means the domestic or foreign nonprofit corporation or eligible entity in which all of one or more classes of memberships or classes or series of eligible interests are to be acquired in a membership exchange.

(2)

“Membership exchange” means a transaction pursuant to .

(3)

“Merger” means a transaction pursuant to .

(4)

“Party to a merger” or “party to a membership exchange” means any domestic or foreign nonprofit corporation or eligible entity that:

(A)

Will merge under a plan of merger;

(B)

Will acquire memberships or eligible interests of another corporation or an eligible entity in a membership exchange; or

(C)

Is an exchanging entity.

(5)

“Survivor” in a merger means the corporation or eligible entity into which one or more other corporations or eligible entities are merged. A survivor of a merger may preexist the merger or be created by the merger.

(b)

Property held in trust by an entity or otherwise dedicated to a charitable purpose shall not be diverted from its purpose by a transaction under this subchapter unless the entity obtains an appropriate order of the Superior Court to the extent required by and pursuant to the law of the District on cy pres or otherwise dealing with the nondiversion of charitable assets.

(c)

Unless an entity that is a party to a transaction under this subchapter obtains an appropriate order of the Superior Court under the law of the District on cy pres or otherwise dealing with the nondiversion of charitable assets, the transaction shall not affect:

(1)

Any restriction imposed upon the entity by its organic documents that may not be amended by its governors, members, or interest holders;

(2)

Any restriction imposed upon property held by the entity by virtue of any trust under which it holds that property; or

(3)

The existing rights of persons other than members, shareholders, or interest holders of the entity.

(d)

A person that is a member, interest holder, or otherwise affiliated with a charitable corporation or an unincorporated entity with a charitable purpose shall not receive a direct or indirect financial benefit in connection with a transaction under this subchapter to which the charitable corporation or unincorporated entity is a party unless the person is itself a charitable corporation or unincorporated entity with a charitable purpose. This subsection shall not apply to the receipt of reasonable compensation for services rendered.

Annotations

Source: official District Of Columbia text · Last verified 2026-08-27

Frequently Asked Questions About District Of Columbia § 29-409.01

What does D.C. Code § 29-409.01 cover?

Section 29-409.01 ("Preliminary provisions and restrictions.") is part of the D.C. Code, the codified statutory law of District Of Columbia. 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 District Of Columbia § 29-409.01?

A common citation format is "D.C. Code § 29-409.01" (District Of Columbia). 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 District Of Columbia law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the District Of Columbia official source linked on this page or consult a licensed District Of Columbia attorney.

How does District Of Columbia § 29-409.01 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in District Of Columbia 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 District Of Columbia.