SECTION 607.1321. Notice of intent to demand payment.
Latest version.
1(1) 2If a proposed corporate action requiring appraisal rights under s. 12607.130213is submitted to a vote at a shareholders’ meeting, a shareholder who wishes to assert appraisal rights with respect to any class or series of shares:
39(a) 40Must deliver to the corporation before the vote is taken written notice of the shareholder’s intent to demand payment if the proposed corporate action is effectuated; and
67(b) 68Must not vote, or cause or permit to be voted, any shares of such class or series in favor of the proposed corporate action.
92(2) 93If a proposed corporate action requiring appraisal rights under s. 103607.1302104is to be approved by written consent, a shareholder who wishes to assert appraisal rights with respect to any class or series of shares must not sign a consent in favor of the proposed corporate action with respect to that class or series of shares.
149(3) 150If a proposed corporate action specified in s. 158607.1302(1)159does not require shareholder approval pursuant to s. 167607.11035, 168a shareholder who wishes to assert appraisal rights with respect to any class or series of shares:
185(a) 186Must deliver to the corporation before the shares are purchased pursuant to the offer a written notice of the shareholder’s intent to demand payment if the proposed action is effected; and
217(b) 218Must not tender, or cause or permit to be tendered, any shares of such class or series in response to such offer.
240(4) 241A shareholder who may otherwise be entitled to appraisal rights but does not satisfy the requirements of subsection (1), subsection (2), or subsection (3) is not entitled to payment under this chapter.
