Title 43Public LandsRelease 119-73

§1627 Merger of Native corporations

Title 43 › Chapter CHAPTER 33— - ALASKA NATIVE CLAIMS SETTLEMENT › § 1627

Last updated Apr 6, 2026|Official source

Summary

Native corporations created under the Alaska Native laws in any of the 12 Alaska regions may merge or join together with other corporations from the same region under Alaska law. The people who own the stock must vote to approve the deal. Votes held before or after January 2, 1976 are allowed. The merger agreement can include giving extra regional shares to current owners. If the Settlement Common Stock cannot be sold, then Alaska law rights for dissenting shareholders cannot be used while that restriction remains. After a merger, the new corporation and its owners get the same lands, money, tax exemptions, and other rights and must follow the same rules and duties that applied before. If a Village Corporation joins its Regional Corporation or another Village Corporation, the merger cannot change regional enrollments for Alaska Native Fund distribution, land selection eligibility, or revenue sharing under sections 1605(c), 1606(m), 1611(b), 1613(h)(8), and 1606(i). If a class of regional shareholders made up of non-village residents votes as a separate group, the merger can change or remove their dividend rights under sections 1606(j) or 1606(m); if it does not, those dividends continue as before. The merger plan must also transfer any Village Corporation’s right to withhold consent to mineral work inside the village to a separate entity made up of that village’s Native residents.

Full Legal Text

Title 43, §1627

Public Lands — Source: USLM XML via OLRC

(a)Notwithstanding any provision of this chapter, any corporation created pursuant to section 1606(d), 1607(a), 1613(h)(2), or 1613(h)(3) of this title within any of the twelve regions of Alaska, as established by section 1606(a) of this title, may, at any time, merge or consolidate, pursuant to the applicable provisions of the laws of the State of Alaska, with any other of such corporation or corporations created within or for the same region. Any corporations resulting from mergers or consolidations further may merge or consolidate with other such merged or consolidated corporations within the same region or with other of the corporations created in said region pursuant to section 1606(d), 1607(a), 1613(h)(2), or 1613(h)(3) of this title.
(b)Such mergers or consolidations shall be on such terms and conditions as are approved by vote of the shareholders of the corporations participating therein, including, where appropriate, terms providing for the issuance of additional shares of Regional Corporation stock to persons already owning such stock, and may take place pursuant to votes of shareholders held either before or after January 2, 1976: Provided, That the rights accorded under Alaska law to dissenting shareholders in a merger or consolidation may not be exercised in any merger or consolidation pursuant to this chapter effected while the Settlement Common Stock of all corporations subject to merger or consolidation remains subject to alienability restrictions..11 So in original. Upon the effectiveness of any such mergers or consolidations the corporations resulting therefrom and the shareholders thereof shall succeed and be entitled to all the rights, privileges, and benefits of this chapter, including but not limited to the receipt of lands and moneys and exemptions from various forms of Federal, State, and local taxation, and shall be subject to all the restrictions and obligations of this chapter as are applicable to the corporations and shareholders which and who participated in said mergers or consolidations or as would have been applicable if the mergers or consolidations and transfers of rights and titles thereto had not taken place: Provided, That, where a Village Corporation organized pursuant to section 1618(b) of this title merges or consolidates with the Regional Corporation of the region in which such village is located or with another Village Corporation of that region, no provision of such merger or consolidation shall be construed as increasing or otherwise changing regional enrollments for purposes of distribution of the Alaska Native Fund; land selection eligibility; or revenue sharing pursuant to section 1605(c), 1606(m), 1611(b), 1613(h)(8), and 1606(i) of this title.
(c)Notwithstanding the provisions of section 1606(j) or (m) of this title, in any merger or consolidation in which the class of stockholders of a Regional Corporation who are not residents of any of the villages in the region are entitled under Alaska law to vote as a class, the terms of the merger or consolidation may provide for the alteration or elimination of the right of said class to receive dividends pursuant to said section 1606(j) or (m) of this title. In the event that such dividend right is not expressly altered or eliminated by the terms of the merger or consolidation, such class of stockholders shall continue to receive such dividends pursuant to section 1606(j) or (m) of this title as would have been applicable if the merger or consolidation had not taken place and all Village Corporations within the affected region continued to exist separately.
(d)Notwithstanding any other provision of this section or of any other law, no corporation referred to in this section may merger or consolidate with any other such corporations unless that corporation’s shareholders have approved such merger or consolidation.
(e)The plan of merger or consolidation shall provide that the right of any affected Village Corporation pursuant to section 1613(f) of this title to withhold consent to mineral exploration, development, or removal within the boundaries of the Native village shall be conveyed, as part of the merger or consolidation, to a separate entity composed of the Native residents of such Native village.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1988—Subsec. (b). Pub. L. 100–241 substituted “while the Settlement Common Stock of all corporations subject to merger or consolidation remains subject to alienability restrictions.” for “prior to December 19, 1991”.

Reference

Citations & Metadata

Citation

43 U.S.C. § 1627

Title 43Public Lands

Last Updated

Apr 6, 2026

Release point: 119-73