Sec. 13. (a) A shareholder sent a dissenters' notice described in IC 23-1-42-11 or in section 12 of this chapter must demand payment, certify whether the shareholder acquired beneficial ownership of the shares before the date required to be set forth in the dissenter's notice under section 12(b)(3) of this chapter, and deposit the shareholder's certificates in accordance with the terms of the notice.
(b) The shareholder who demands payment and deposits the shareholder's shares under subsection (a) retains all other rights of a shareholder until these rights are cancelled or modified by the taking of the proposed corporate action.
(c) A shareholder who does not demand payment or deposit the shareholder's share certificates where required, each by the date set in the dissenters' notice, is not entitled to payment for the shareholder's shares under this chapter and is considered, for purposes of this article, to have voted the shareholder's shares in favor of the proposed corporate action.
As added by P.L.149-1986, SEC.28.
Structure Indiana Code
Title 23. Business and Other Associations
Article 1. Indiana Business Corporation Law
Chapter 44. Dissenters' Rights
23-1-44-4.5. "Preferred Shares"
23-1-44-5. "Record Shareholder"
23-1-44-6. "Beneficial Shareholder"
23-1-44-8. Right to Dissent and Obtain Payment for Shares
23-1-44-9. Dissenters' Rights of Beneficial Shareholder
23-1-44-10. Proposed Action Creating Dissenters' Rights; Notice
23-1-44-11. Proposed Action Creating Dissenters' Rights; Assertion of Dissenters' Rights
23-1-44-12. Dissenters' Notice; Contents
23-1-44-13. Demand for Payment and Deposit of Shares by Shareholder
23-1-44-14. Uncertificated Shares; Restriction on Transfer; Dissenters' Rights
23-1-44-15. Payment to Dissenter
23-1-44-16. Failure to Take Action; Return of Certificates; New Action by Corporation
23-1-44-18. Dissenters' Estimate of Fair Value; Demand for Payment; Waiver
23-1-44-19. Court Proceeding to Determine Fair Value; Judicial Appraisal