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I need to attach a Certificate of Formation to my merger or conversion instrument. Can I use one of the Secretary of State’s forms for the Certificate of Formation?

April 26, 2017Certificate conversion FORMATION forms instrument merger Secretary State

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I need to attach a Certificate of Formation to my merger or conversion instrument. Can I use one of the Secretary of State’s forms for the Certificate of Formation?

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Yes. However, if you attach a Certificate of Formation form to your merger or conversion instrument, please note that the Certificate of Formation must contain additional statements that are not included in the Secretary of State forms. You can add the required statements to the “Supplemental Provisions” section of the Secretary of State forms. A Certificate of Formation attached to a merger filing instrument must state that the entity is formed under a plan of merger. A Certificate of Formation attached to a conversion filing instrument must state (1) that the entity is formed under a plan of conversion and (2) the name, address, date of formation, entity type, and jurisdiction of formation of the converting entity.