Section 490.1321. Notice of intent to demand payment.  


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  •   1.  If a corporate action specified in section 490.1302, subsection 1, is 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 must do all of the following:

      a.  Deliver to the corporation before the vote is taken written notice of the shareholder’s intent to demand payment if the proposed action is effectuated.

      b.  Not vote, or cause or permit to be voted, any shares of such class or series in favor of the proposed action.

      2.  If a corporate action specified in section 490.1302, subsection 1, is to be approved by less than unanimous 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 action with respect to that class or series of shares.

      3.  A shareholder who fails to satisfy the requirements of subsection 1 or 2, is not entitled to payment under this part.

    89 Acts, ch 288, §135

    ; 2002 Acts, ch 1154, §82, 125

    ; 2013 Acts, ch 31, §57, 82