(1) a shareholder entitled to vote who does not assent to the taking
of any action specified in section seven thousand one hundred two of
this article; or
(2) a shareholder whose shares are acquired pursuant to section seven
thousand one hundred eighteen of this article.
(b) A shareholder who elects to dissent from an acquisition proposed
under section seven thousand one hundred eighteen of this article shall,
in lieu of the procedures set forth in paragraphs (a), (b) and (c) of
section six hundred twenty-three of the business corporation law, file a
written notice of his election to dissent with the parent within twenty
days after the delivery to him of either a copy of the plan or a summary
thereof pursuant to subsection (e) of section seven thousand one hundred
eighteen of this article.
(c) For purposes of this section, the provisions of section six
hundred twenty-three of the business corporation law, other than
paragraphs (i) and (m) thereof, are applicable except that:
(1) the references to "this chapter" in paragraph (a) of such section
of the business corporation law are deemed to refer to this article;
(2) in the case of shares acquired pursuant to section seven thousand
one hundred eighteen of this article, the references to "shareholders'
authorization date" in paragraph (g) of such section of the business
corporation law are deemed to refer to the date of delivery of the plan
or a summary thereof as provided in subsection (e) of section seven
thousand one hundred eighteen of this article; and
(3) upon payment of the value of the shares of a shareholder who has
dissented from a merger or consolidation, as provided in paragraph (g)
or (h) of such section of the business corporation law, the shares shall
be cancelled.
Structure New York Laws
7102 - Merger, Consolidation and Acquisition of Assets; When Permitted.
7104 - Company Approval of Merger or Consolidation Agreement.
7105 - Approval by Superintendent.
7106 - Merger or Consolidation Between Domestic and Foreign Companies; Certificate of Approval.
7107 - Expedited Approval; Mutual Property/casualty Insurance Companies.
7108 - Filing of Agreement of Merger or Consolidation.
7109 - Limitation on Enlargement of Powers.
7110 - Fees; Certification; Prohibitions; Penalty.
7111 - Proof of Proceedings of Meeting and Action of Company.
7112 - Vesting of Property in Surviving or Consolidated Company; Assumption of Liabilities.
7113 - Transfer of Deposits to Surviving or Consolidated Company.
7115 - Shareholders' Liability.
7116 - Liability of Members of Assessment Company to Continue.
7117 - Return of Shares of Constituent Company.
7118 - Plan for Acquisition of Minority Interests in a Subsidiary Insurer.
7120 - Redomestication of Foreign Insurance Companies.
7121 - Effects Upon Guaranty Corporations of Certain Events.