Maine § 1439. - Effect of merger
Full text of Maine Maine Revised Statutes § 1439. — Effect of merger, with citation guidance and answers to common questions.
§ 1439.. Effect of merger
1. Effect of merger. When a merger becomes effective:
A. The surviving organization continues or comes into existence; [PL 2005, c. 543, Pt. C, §2 (NEW).]
B. Each constituent organization that merges into the surviving organization ceases to exist as a separate entity; [PL 2005, c. 543, Pt. C, §2 (NEW).]
C. All property owned by each constituent organization that ceases to exist vests in the surviving organization; [PL 2005, c. 543, Pt. C, §2 (NEW).]
D. All debts, liabilities and other obligations of each constituent organization that ceases to exist continue as obligations of the surviving organization; [PL 2005, c. 543, Pt. C, §2 (NEW).]
E. An action or proceeding pending by or against any constituent organization that ceases to exist may be continued as if the merger had not occurred; [PL 2005, c. 543, Pt. C, §2 (NEW).]
F. Except as prohibited by other law, all of the rights, privileges, immunities, powers and purposes of each constituent organization that ceases to exist vest in the surviving organization; [PL 2005, c. 543, Pt. C, §2 (NEW).]
G. Except as otherwise provided in the plan of merger, the terms and conditions of the plan of merger take effect; [PL 2005, c. 543, Pt. C, §2 (NEW).]
H. Except as otherwise agreed, if a constituent limited partnership ceases to exist, the merger does not dissolve the limited partnership for the purposes of subchapter 8; [PL 2005, c. 543, Pt. C, §2 (NEW).]
I. If the surviving organization is created by the merger:
(2) If the surviving organization is an organization other than a limited partnership, the organizational document that creates the organization becomes effective; and [PL 2005, c. 543, Pt. C, §2 (NEW).]
J. If the surviving organization preexists the merger, any amendments provided for in the articles of merger for the organizational document that created the organization become effective. [PL 2005, c. 543, Pt. C, §2 (NEW).]
2. Foreign organization. A surviving organization that is a foreign organization consents to the jurisdiction of the courts of this State to enforce any obligation owed by a constituent organization, if before the merger the constituent organization was subject to suit in this State on the obligation. A surviving organization that is a foreign organization and not authorized to transact business in this State may be served with process at the address required in the articles of merger under section 1438, subsection 2, paragraph G.
Source: official Maine text · Last verified 2026-08-27
Frequently Asked Questions About Maine § 1439.
What does Maine Revised Statutes § 1439. cover?
Section 1439. ("Effect of merger") is part of the Maine Revised Statutes, the codified statutory law of Maine. 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 Maine § 1439.?
A common citation format is "Maine Revised Statutes § 1439." (Maine). 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 Maine law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Maine official source linked on this page or consult a licensed Maine attorney.
How does Maine § 1439. apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Maine 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 Maine.