What are the filing requirements in the case of mergers between foreign corporations and domestic corporations?
If the merger is permitted by the jurisdiction under which each foreign corporation is incorporated, and the foreign corporation is the surviving entity, the foreign corporation shall comply with section 414-315. If the domestic corporation is the surviving entity, the domestic corporation shall comply with the appropriate provisions in 414-311 through 414-315.
NOTE: This is if both the merging and surviving corporation are registered in Hawaii.
If the survivor desires to register at the same time the merger is filed, the Department can accept the documents evidencing the merger and Application for Certificate of Authority, Foreign Corporation (Form FC-1) one minute apart, even though the names of the corporations are the same.
If the merging corporation is not registered, the survivor is still required to file one of the certificates.