Sec. 10.351. APPLICABILITY OF SUBCHAPTER. (a) This subchapter does not apply to a fundamental business transaction of a domestic entity if, immediately before the effective date of the fundamental business transaction, all of the ownership interests of the entity otherwise entitled to rights to dissent and appraisal under this code are held by one owner or only by the owners who approved the fundamental business transaction.
(b) This subchapter applies only to a "domestic entity subject to dissenters' rights," as defined in Section 1.002. That term includes a domestic for-profit corporation, professional corporation, professional association, and real estate investment trust. Except as provided in Subsection (c), that term does not include a partnership or limited liability company.
(c) The governing documents of a partnership or a limited liability company may provide that its owners are entitled to the rights of dissent and appraisal provided by this subchapter, subject to any modification to those rights as provided by the entity's governing documents.
Acts 2003, 78th Leg., ch. 182, Sec. 1, eff. Jan. 1, 2006.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 688 (H.B. 1737), Sec. 56, eff. September 1, 2007.
Structure Texas Statutes
Chapter 10 - Mergers, Interest Exchanges, Conversions, and Sales of Assets
Subchapter H. Rights of Dissenting Owners
Section 10.351. Applicability of Subchapter
Section 10.353. Form and Validity of Notice
Section 10.354. Rights of Dissent and Appraisal
Section 10.355. Notice of Right of Dissent and Appraisal
Section 10.357. Withdrawal of Demand for Fair Value of Ownership Interest
Section 10.359. Record of Demand for Fair Value of Ownership Interest
Section 10.360. Rights of Transferee of Certain Ownership Interest
Section 10.362. Computation and Determination of Fair Value of Ownership Interest
Section 10.363. Powers and Duties of Appraiser; Appraisal Procedures
Section 10.364. Objection to Appraisal; Hearing
Section 10.365. Court Costs; Compensation for Appraiser
Section 10.366. Status of Ownership Interest Held or Formerly Held by Dissenting Owner
Section 10.367. Rights of Owners Following Termination of Right of Dissent
Section 10.368. Exclusivity of Remedy of Dissent and Appraisal