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House Amendment 3721

Amendment Text

PAG LIN
  1  1    Amend House File 521 as follows:
  1  2    #1.  Page 2, by inserting after line 34 the
  1  3 following:
  1  4    "Sec.    .  Section 9H.5, Code 1995, is amended by
  1  5 adding the following new subsection:
  1  6    NEW SUBSECTION.  2A.  If a person who is a
  1  7 stockholder of an authorized farm corporation, a
  1  8 member of an authorized limited liability company, a
  1  9 beneficiary of an authorized trust, or a limited
  1 10 partner of a limited partnership proposes to transfer
  1 11 an interest in the authorized entity to a person other
  1 12 than a natural person who is a farmer stockholder, a
  1 13 farmer member, a farmer beneficiary, or a farmer
  1 14 limited partner, the transferor must first offer to
  1 15 sell or dispose of the interest to each of the natural
  1 16 persons who are farmer stockholders, farmer members,
  1 17 farmer beneficiaries, or farmer limited partners on
  1 18 the same terms and at the same price as proposed to
  1 19 the person who is not a natural person who is a farmer
  1 20 stockholder, farmer member, farmer beneficiary, or
  1 21 farmer limited partner.  Each natural person who is a
  1 22 farmer stockholder, farmer member, farmer beneficiary,
  1 23 or farmer limited partner shall have ten business days
  1 24 after being given notice of the terms and price of the
  1 25 proposed transfer in which to exercise the right to
  1 26 purchase the interest by submitting a binding offer to
  1 27 the transferor on the same terms as the proposed
  1 28 transfer, with execution of the transfer to occur
  1 29 within thirty days after the offer unless otherwise
  1 30 agreed by the parties.  If more than one natural
  1 31 person who is a farmer stockholder, farmer member,
  1 32 farmer beneficiary, or farmer limited partner
  1 33 exercises the right to purchase the interest, the
  1 34 transferor shall transfer the interest according to
  1 35 terms negotiated between the parties.  After the
  1 36 expiration of either the period for offer or the
  1 37 period for execution without the submission of an
  1 38 offer or an execution, the transferor may sell or
  1 39 otherwise dispose of the interest to any other person
  1 40 on the terms upon which it was offered to the natural
  1 41 persons who are farmer stockholders, farmer members,
  1 42 farmer beneficiaries, or farmer limited partners.
  1 43 However, this subsection shall not apply to a transfer
  1 44 of an interest between persons related to each other
  1 45 as spouse, parent, grandparent, lineal ascendants of
  1 46 grandparents or their spouses and other lineal
  1 47 descendants of the grandparents or their spouses or
  1 48 persons acting in a fiduciary capacity for persons so
  1 49 related."
  1 50    #2.  By renumbering as necessary.  
  2  1 
  2  2 
  2  3                              
  2  4 MUNDIE of Webster
  2  5 HF 521.201 76
  2  6 da/jj
     

Text: H03720                            Text: H03722
Text: H03700 - H03799                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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