§ 836. Court costs and fees of experts
(a) The court, in an appraisal proceeding commenced under section 835 of this title, shall determine all costs of the proceeding, including the reasonable compensation and expenses of appraisers appointed by the court, and shall assess the costs against the professional corporation. But the court may assess costs against the disqualified person or the estate of a deceased shareholder if the court finds the disqualified person or the executor or administrator of the estate of a deceased shareholder acted arbitrarily, vexatiously or not in good faith in refusing to accept the corporation’s offer.
(b) The court may also assess the fees and expenses of counsel and experts for the disqualified person or the estate of a deceased shareholder against the corporation and in favor of the disqualified person or the estate of a deceased shareholder, if the court finds that the fair value of his or her shares substantially exceeded the amount offered by the corporation or that the corporation did not make an offer. (Added 2001, No. 77 (Adj. Sess.), § 1.)
Structure Vermont Statutes
Title 11 - Corporations, Partnerships and Associations
Chapter 4 - Professional Corporations
§ 816. Application of Vermont Business Corporation Act
§ 820. Election of professional corporation status
§ 823. Rendering professional services
§ 831. Notice of professional corporation status on shares
§ 832. Share transfer restriction
§ 833. Compulsory acquisition of shares after death or disqualification of shareholder
§ 835. Court action to appraise shares
§ 836. Court costs and fees of experts
§ 837. Cancellation of disqualified shares
§ 842. Confidential relationship
§ 843. Privileged communications
§ 844. Responsibility for professional services
§ 851. Termination of professional activities
§ 860. Authority to transact business
§ 861. Application for certificate of authority
§ 862. Revocation of certificate of authority
§ 870. Articles of incorporation for licensing authority
§ 871. Annual report for Secretary of State
§ 872. Licensing authority’s regulatory jurisdiction
§ 873. Penalty for signing false document