490.1322  Dissenters' notice.

1.  If proposed corporate action creating dissenters' rights under section 490.1302 is authorized at a shareholders' meeting, the corporation shall deliver a written dissenters' notice to all shareholders who satisfied the requirements of section 490.1321.

2.  The dissenters' notice must be sent no later than ten days after the proposed corporate action is authorized at a shareholders' meeting, or, if the corporate action is taken without a vote of the shareholders, no later than ten days after the corporate action is taken, and must do all of the following:

a.  State where the payment demand must be sent and where and when certificates for certificated shares must be deposited.

b.  Inform holders of uncertificated shares to what extent transfer of the shares will be restricted after the payment demand is received.

c.  Supply a form for demanding payment that includes the date of the first announcement to news media or to shareholders of the terms of the proposed corporate action and requires that the person asserting dissenters' rights certify whether or not the person acquired beneficial ownership of the shares before that date.

d.  Set a date by which the corporation must receive the payment demand, which date shall not be fewer than thirty nor more than sixty days after the date the dissenters' notice is delivered.

e.  Be accompanied by a copy of this division.

Section History: Recent form

  89 Acts, ch 288, §136; 91 Acts, ch 211, §8

Internal References

  Referred to in § 490.704, 490.1301, 490.1320, 490.1323, 490.1326, 490.1330, 490.1331


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