(a) Except as provided in Section 33-13-270, as soon as the proposed corporate action is taken, or upon receipt of a payment demand, the corporation shall pay each dissenter who substantially complied with Section 33-13-230 the amount the corporation estimates to be the fair value of his shares, plus accrued interest.
(b) The payment must be accompanied by:
(1) the corporation's balance sheet as of the end of a fiscal year ending not more than sixteen months before the date of payment, an income statement for that year, a statement of changes in shareholders' equity for that year, and the latest available interim financial statements, if any;
(2) a statement of the corporation's estimate of the fair value of the shares and an explanation of how the fair value was calculated;
(3) an explanation of how the interest was calculated;
(4) a statement of the dissenter's right to demand additional payment under Section 33-13-280; and
(5) a copy of this chapter.
HISTORY: Derived from 1976 Code Section 33-11-270 [1962 Code Section 12-16.27; 1952 Code Sections 12-459 to 12-462, 12-633 to 12-635; 1942 Code Sections 7706, 7759; 1932 Code Sections 7706, 7759; 1925 (34) 246; 1926 (34) 1052; 1962 (52) 1996; 1963 (53) 327; 1981 Act No. 146, Section 2; Repealed, 1988 Act No. 444, Section 2]; 1988 Act No. 444, Section 2.
Structure South Carolina Code of Laws
Title 33 - Corporations, Partnerships and Associations
Chapter 13 - Dissenters' Rights
Section 33-13-101. Definitions.
Section 33-13-102. Right to dissent.
Section 33-13-103. Dissent by nominees and beneficial owners.
Section 33-13-200. Notice of dissenters' rights.
Section 33-13-210. Notice of intent to demand payment.
Section 33-13-220. Dissenters' notice.
Section 33-13-230. Shareholders' payment demand.
Section 33-13-240. Share restrictions.
Section 33-13-260. Failure to take action.
Section 33-13-270. After-acquired shares.
Section 33-13-280. Procedure if shareholder dissatisfied with payment or offer.