2021 Colorado Code
Title 7 - Corporations and Associations
Article 113 - Appraisal Rights
Part 2 - Procedure for Exercise of Appraisal Rights
§ 7-113-202. Notice of Intent to Demand Payment

1. If a proposed corporate action specified in section 7-113-102 (1) is submitted to a vote at a shareholders' meeting, a shareholder that wishes to assert appraisal rights with respect to any class or series of shares:
   1. Must deliver to the corporation, before the vote is taken, notice of the shareholder's intent to demand payment if the proposed corporate action is effectuated; and
   2. Must not vote, or cause or permit to be voted, any shares of the class or series in favor of the proposed corporate action.

2. If a proposed corporate action specified in section 7-113-102 (1) is to be approved by less than unanimous written consent, a shareholder that wishes to assert appraisal rights with respect to any class or series of shares must not execute a consent in favor of the proposed corporate action with respect to that class or series of shares.
3. A shareholder that fails to satisfy the requirements of subsection (1) or (2) of this section is not entitled to demand payment under this article 113.

History. Source: L. 2019: Entire article R&RE,(SB 19-086), ch. 166, p. 1954, § 56, effective July 1, 2020. L. 2021: (1)(a) amended,(HB 21-1124), ch. 41, p. 171, § 26, effective April 19.

1. This section is similar to former § 7-113-202 as it existed prior to July 1, 2020.
2. Section 32 of chapter 41 (HB 21-1124), Session Laws of Colorado 2021, provides that the act changing this section applies to conduct occurring on or after April 19, 2021.

Law reviews. For article, “Dissenter's Rights in Colorado”, see 18 Colo. Law. 1101 (1989).