Colo. Rev. Stat. § 7-113-202

Current through Chapter 519 of the 2024 Legislative Session and Chapter 2 of the 2024 First Extraordinary Session
Section 7-113-202 - Notice of intent to demand payment
(1) If a proposed corporate action specified in section 7-113-102 (1) is submitted to a vote at a shareholders' meeting, a shareholder that wishes to assert appraisal rights with respect to any class or series of shares:
(a) Must deliver to the corporation, before the vote is taken, notice of the shareholder's intent to demand payment if the proposed corporate action is effectuated; and
(b) Must not vote, or cause or permit to be voted, any shares of the class or series in favor of the proposed corporate action.
(2) If a proposed corporate action specified in section 7-113-102 (1) is to be approved by less than unanimous written consent, a shareholder that wishes to assert appraisal rights with respect to any class or series of shares must not execute a consent in favor of the proposed corporate action with respect to that class or series of shares.
(3) A shareholder that fails to satisfy the requirements of subsection (1) or (2) of this section is not entitled to demand payment under this article 113.

C.R.S. § 7-113-202

Amended by 2021 Ch. 41, § 26, eff. 4/19/2021.
Amended by 2019 Ch. 166, § 56, eff. 7/1/2020.
L. 2019: Entire article R&RE, (SB 19-086), ch. 1954, p. 1954, § 56, effective 7/1/2020.

(1) This section is similar to former § 7-113-202 as it existed prior to July 1, 2020.

(2) Section 32 of chapter 41 (HB 21-1124), Session Laws of Colorado 2021, provides that the act changing this section applies to conduct occurring on or after April 19, 2021.