30-29-1324. PAYMENT. (a) Except as provided in section 30-29-1325, Idaho Code, within thirty (30) days after the form required by section 30-29-1322(b)(2)(ii), Idaho Code, is due, the corporation shall pay in cash to those shareholders who complied with section 30-29-1323(a), Idaho Code, the amount the corporation estimates to be the fair value of their shares, plus interest.
(b) The payment to each shareholder pursuant to subsection (a) of this section must be accompanied by:
(1) Financial statements of the corporation that issued the shares to be appraised, consisting of a balance sheet as of the end of a fiscal year ending not more than sixteen (16) months before the date of payment, an income statement for that year, a cash flow statement for that year, and the latest interim financial statements of such corporation, if any; provided however, that if such annual financial statements are not reasonably available, the corporation shall provide reasonably equivalent financial information;
(2) A statement of the corporation’s estimate of the fair value of the shares, which estimate shall equal or exceed the corporation’s estimate given pursuant to section 30-29-1322(b)(2)(iii), Idaho Code; and
(3) A statement that shareholders described in subsection (a) of this section have the right to demand further payment under section 30-29-1326, Idaho Code, and that if any such shareholder does not do so within the time period specified in section 30-29-1326(b), Idaho Code, such shareholder shall be deemed to have accepted the payment under subsection (a) of this section in full satisfaction of the corporation’s obligations under this part.
History:
[30-29-1324, added 2015, ch. 243, sec. 68, p. 954; am. 2019, ch. 90, sec. 139, p. 316.]
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.