16-10a-1326 - Failure to take action.
16-10a-1326. Failure to take action.
(1) If the effective date of the corporate action creating dissenters' rights under Section16-10a-1302 does not occur within 60 days after the date set by the corporation as the date bywhich the corporation must receive payment demands as provided in Section 16-10a-1322, thecorporation shall return all deposited certificates and release the transfer restrictions imposed onuncertificated shares, and all shareholders who submitted a demand for payment pursuant toSection 16-10a-1323 shall thereafter have all rights of a shareholder as if no demand for paymenthad been made.
(2) If the effective date of the corporate action creating dissenters' rights under Section16-10a-1302 occurs more than 60 days after the date set by the corporation as the date by whichthe corporation must receive payment demands as provided in Section 16-10a-1322, then thecorporation shall send a new dissenters' notice, as provided in Section 16-10a-1322, and theprovisions of Sections 16-10a-1323 through 16-10a-1328 shall again be applicable.
Enacted by Chapter 277, 1992 General Session