AN ACT AUTHORIZING THE MERGER OF THE SALVATION ARMY OF MASSACHUSETTS, INCORPORATED, INTO THE SALVATION ARMY, A NEW YORK CORPORATION.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
Notwithstanding section 10A of chapter 180 of the General Laws or any other general or special law to the contrary, The Salvation Army of Massachusetts, Incorporated, a nonprofit religious and charitable corporation and a public charity as defined in said chapter 180, may merge into The Salvation Army, a New York nonprofit religious and charitable corporation.
The merger shall take effect only if the merged corporation files with the state secretary articles of merger, providing that the merged corporation: (i) may be sued in the commonwealth for any prior obligation of The Salvation Army of Massachusetts, Incorporated, and any other obligation incurred by the merged corporation, so long as any liability remains outstanding against the corporation in the commonwealth; and (ii) shall be bound by, and the prior obligations under clause (i) shall include, any restrictions, whether in the nature of a contract or in the nature of an express or implied trust, on the use or disposition of assets held for charitable purposes by The Salvation Army of Massachusetts, Incorporated. The merged corporation shall irrevocably appoint the state secretary as its agent to accept service of process in any action for the enforcement of any such obligation, including taxes, in the manner provided in said chapter 180.
Approved, November 27, 2018.