Election of status.

An existing business corporation may become a benefit corporation under this chapter by amending its articles of incorporation so that they contain, in addition to the requirements of § 29-308.01, a statement that the corporation is a benefit corporation. To be effective, the amendment must be adopted by at least the minimum status vote. This subsection applies if all of the following apply: An entity that is not a benefit corporation is: A party to a merger or consolidation; or The exchanging entity in a share exchange; and The surviving, new, or resulting entity in the merger, consolidation, or share exchange is to be a benefit corporation. To be effective, a plan of merger, consolidation or share exchange subject to this subsection must be adopted by at least the minimum status vote.