(a) After a plan of merger is approved by the board of directors, and, if required by Code Section 14-3-1103, by the members and any other persons, the surviving or acquiring corporation or entity shall deliver to the Secretary of State articles of merger setting forth:

(1) The plan of merger;

(2) If approval of members was not required, a statement to that effect and a statement that the plan was approved by a sufficient vote of the board of directors;

(3) If approval by members was required:

(A) The designation, number of memberships outstanding, number of votes entitled to be cast by each class entitled to vote separately on the plan, and number of votes of each class indisputably voting on the plan; and

(B) Either the total number of votes cast for and against the plan by each class entitled to vote separately on the plan or the total number of undisputed votes cast for the plan by each class and a statement that the number cast for the plan by each class was sufficient for approval by that class;

(4) If approval of the plan by some person or persons other than the members or the board is required pursuant to paragraph (3) of subsection (a) of Code Section 14-3-1103, a statement that the approval was obtained; and

(5) The merging corporation or entity shall deliver the articles of merger to the Secretary of State for filing in substantially the same manner as provided in its governing agreements and in compliance with any applicable laws applying to domestic entities, or, in the absence of such requirements, in substantially the same manner as provided in Code Section 14-2-1105 and shall comply with the provisions of Code Section 14-2-1105.1, except that the notice to the publisher of the newspaper shall be in substantially the following form:

"NOTICE OF MERGER

Notice is given that articles or a certificate of merger by and between _______________________ (name and state of incorporation or organization of each of the constituent corporations or entities) will be delivered to the Secretary of State for filing in accordance with the Georgia Nonprofit Corporation Code. The name of the surviving corporation (or other entity) in the merger will be _______________________, a corporation (or other entity) incorporated (organized pursuant to the laws of) in the State of ______________. The registered office of such corporation (name of type of entity) (is) (will be) located at _______________________ (address of registered office) and its registered (agent) (agents) at such address (is) (are) _______________________ (name or names of agent or agents)."

(b) In lieu of filing articles of merger that set forth the plan of merger, the surviving or acquiring corporation or entity may file a certificate of merger which sets forth:

(1) The name and state of incorporation of each corporation or entity which is merging and the name of the surviving corporation or entity into which each other corporation or entity is merging;

(2) Any amendments to the articles of incorporation or governing agreements of the surviving corporation or entity;

(3) That the executed plan of merger is on file at the principal place of business of the surviving corporation or entity, stating the address thereof;

(4) That a copy of the plan of merger will be furnished by the surviving corporation or entity, on request and without cost, to any shareholder of any corporation or entity that is a party to the merger;

(5) If shareholder approval was not required, a statement to that effect; and

(6) If approval of the shareholders of one or more corporations or entities party to the merger was required, a statement that the merger was duly approved by the shareholders.

(c) Unless a delayed effective date is specified, a merger takes effect when the articles or certificate of merger is filed.