Sec. 10.366. STATUS OF OWNERSHIP INTEREST HELD OR FORMERLY HELD BY DISSENTING OWNER. (a) An ownership interest of an organization acquired by a responsible organization under this subchapter:
(1) in the case of a merger, conversion, or interest exchange, shall be held or disposed of as provided in the plan of merger, conversion, or interest exchange; and
(2) in any other case, may be held or disposed of by the responsible organization in the same manner as other ownership interests acquired by the organization or held in its treasury.
(b) An owner who has demanded payment for the owner's ownership interest under Section 10.356 is not entitled to vote or exercise any other rights of an owner with respect to the ownership interest except the right to:
(1) receive payment for the ownership interest under this subchapter; and
(2) bring an appropriate action to obtain relief on the ground that the action to which the demand relates would be or was fraudulent.
(c) An ownership interest for which payment has been demanded under Section 10.356 may not be considered outstanding for purposes of any subsequent vote or action.
Acts 2003, 78th Leg., ch. 182, Sec. 1, eff. Jan. 1, 2006.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 84 (S.B. 1442), Sec. 20, eff. September 1, 2009.
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