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2017 Idaho Statutes
Title 30 - CORPORATIONS
Chapter 29 - GENERAL BUSINESS CORPORATIONS
Part 13 - APPRAISAL RIGHTS
Section 30-29-1322 - APPRAISAL NOTICE AND FORM.
Universal Citation: ID Code § 30-29-1322 (2017)
30-29-1322. APPRAISAL NOTICE AND FORM. (1) If proposed corporate action requiring appraisal rights under section 30-29-1302, Idaho Code, becomes effective, the corporation must deliver a written appraisal notice and form required by subsection (2)(a) of this section to all shareholders who satisfied the requirements of section 30-29-1321, Idaho Code. In the case of a merger under section 30-29-1105, Idaho Code, the parent must deliver a written appraisal notice and form to all record shareholders who may be entitled to assert appraisal rights.
(2) The appraisal notice must be sent no earlier than the date the corporate action became effective and no later than ten (10) days after such date and must:
(a) Supply a form that specifies the date of the first announcement to shareholders of the principal terms of the proposed corporate action and requires the shareholder asserting appraisal rights to certify:
(i) Whether or not beneficial ownership of those shares for which appraisal rights are asserted was acquired before that date; and
(ii) That the shareholder did not vote for the transaction;
(b) State:
(i) Where the form must be sent and where certificates for certificated shares must be deposited and the date by which those certificates must be deposited, which date may not be earlier than the date for receiving the required form under subsection (2)(b)(ii) of this section;
(ii) A date by which the corporation must receive the form, which date may not be fewer than forty (40) days nor more than sixty (60) days after the date the appraisal notice and form in subsection (1) of this section are sent, and state that the shareholder shall have waived the right to demand appraisal with respect to the shares unless the form is received by the corporation by such specified date;
(iii) The corporation’s estimate of the fair value of the shares;
(iv) That, if requested in writing, the corporation will provide, to the shareholders so requesting, within ten (10) days after the date specified in subparagraph (ii) of this paragraph the number of shareholders who return the forms by the specified date and the total number of shares owned by them; and
(v) The date by which the notice to withdraw under section 30-29-1323, Idaho Code, must be received, which date must be within twenty (20) days after the date specified in subparagraph (ii) of this paragraph; and
(c) Be accompanied by a copy of this part.
History:
[30-29-1322, added 2015, ch. 243, sec. 68, p. 953.]
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