Applicability of State law
section 1606(a) of this titleNotwithstanding any provision of this chapter, any corporation created pursuant to section 1606(d), 1607(a), 1613(h)(2), or 1613(h)(3) of this title within any of the twelve regions of Alaska, as established by , may, at any time, merge or consolidate, pursuant to the applicable provisions of the laws of the State of Alaska, with any other of such corporation or corporations created within or for the same region. Any corporations resulting from mergers or consolidations further may merge or consolidate with other such merged or consolidated corporations within the same region or with other of the corporations created in said region pursuant to section 1606(d), 1607(a), 1613(h)(2), or 1613(h)(3) of this title.
Terms and conditions of merger; rights of dissenting shareholders; rights and liabilities of successor corporation
Provided1
Alteration or elimination of dividend rights
Notwithstanding the provisions of section 1606(j) or (m) of this title, in any merger or consolidation in which the class of stockholders of a Regional Corporation who are not residents of any of the villages in the region are entitled under Alaska law to vote as a class, the terms of the merger or consolidation may provide for the alteration or elimination of the right of said class to receive dividends pursuant to said section 1606(j) or (m) of this title. In the event that such dividend right is not expressly altered or eliminated by the terms of the merger or consolidation, such class of stockholders shall continue to receive such dividends pursuant to section 1606(j) or (m) of this title as would have been applicable if the merger or consolidation had not taken place and all Village Corporations within the affected region continued to exist separately.
Approval of merger or consolidation by shareholders
Notwithstanding any other provision of this section or of any other law, no corporation referred to in this section may merger or consolidate with any other such corporations unless that corporation’s shareholders have approved such merger or consolidation.
Conveyance of right to withhold consent to mineral exploration, development, etc., as part of merger or consolidation
section 1613(f) of this titleThe plan of merger or consolidation shall provide that the right of any affected Village Corporation pursuant to to withhold consent to mineral exploration, development, or removal within the boundaries of the Native village shall be conveyed, as part of the merger or consolidation, to a separate entity composed of the Native residents of such Native village.
Pub. L. 92–203, § 30Pub. L. 94–204, § 689 Stat. 1148Pub. L. 100–241, § 12(c)101 Stat. 1810(, as added , , ; amended , , .)
Editorial Notes
Amendments
Pub. L. 100–2411988—Subsec. (b). substituted “while the Settlement Common Stock of all corporations subject to merger or consolidation remains subject to alienability restrictions.” for “prior to ”.