30-29-1303. ASSERTION OF RIGHTS BY NOMINEES AND BENEFICIAL SHAREHOLDERS. (a) A record shareholder may assert appraisal rights as to fewer than all the shares registered in the record shareholder’s name but owned by a beneficial shareholder or a voting trust beneficial owner only if the record shareholder objects with respect to all shares of a class or series owned by the beneficial shareholder or the voting trust beneficial owner and notifies the corporation in writing of the name and address of each beneficial shareholder or voting trust beneficial owner on whose behalf appraisal rights are being asserted. The rights of a record shareholder who asserts appraisal rights for only part of the shares held of record in the record shareholder’s name under this subsection shall be determined as if the shares as to which the record shareholder objects and the record shareholder’s other shares were registered in the names of different record shareholders.
(b) A beneficial shareholder and a voting trust beneficial owner may assert appraisal rights as to shares of any class or series held on behalf of the shareholder only if such shareholder:
(1) Submits to the corporation the record shareholder’s written consent to the assertion of such rights no later than the date referred to in section 30-29-1322(b)(2)(ii), Idaho Code; and
(2) Does so with respect to all shares of the class or series that are beneficially owned by the beneficial shareholder or the voting trust beneficial owner.
History:
[30-29-1303, added 2015, ch. 243, sec. 68, p. 952; am. 2019, ch. 90, sec. 134, p. 312.]
Structure Idaho Code
Chapter 29 - GENERAL BUSINESS CORPORATIONS
Section 30-29-1301 - DEFINITIONS.
Section 30-29-1302 - RIGHT TO APPRAISAL.
Section 30-29-1303 - ASSERTION OF RIGHTS BY NOMINEES AND BENEFICIAL SHAREHOLDERS.
Section 30-29-1320 - NOTICE OF APPRAISAL RIGHTS.
Section 30-29-1321 - NOTICE OF INTENT TO DEMAND PAYMENT — CONSEQUENCES OF VOTING OR CONSENTING.
Section 30-29-1322 - APPRAISAL NOTICE AND FORM.
Section 30-29-1323 - PERFECTION OF RIGHTS — RIGHT TO WITHDRAW.
Section 30-29-1325 - AFTER ACQUIRED SHARES.
Section 30-29-1326 - PROCEDURE IF SHAREHOLDER DISSATISFIED WITH PAYMENT OR OFFER.
Section 30-29-1330 - COURT ACTION.