Sec. 17. (a) A corporation may elect to withhold payment required by section 15 of this chapter from a dissenter unless the dissenter was the beneficial owner of the shares before the date set forth in the dissenters' notice as the date of the first announcement to news media or to shareholders of the terms of the proposed corporate action.
(b) To the extent the corporation elects to withhold payment under subsection (a), after taking the proposed corporate action, it shall estimate the fair value of the shares and shall pay this amount to each dissenter who agrees to accept it in full satisfaction of the dissenter's demand. The corporation shall send with its offer a statement of its estimate of the fair value of the shares and a statement of the dissenter's right to demand payment under section 18 of this chapter.
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