Colorado § 7-113-201 Notice of appraisal rights

Colorado Statutes

§ 7-113-201 — Notice of appraisal rights

Colorado § 7-113-201

Title 07Corporations

Art.Appraisal Rights

This text of Colorado § 7-113-201 (Notice of appraisal rights) is published on Counsel Stack Legal Research, covering Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Colo. Rev. Stat. § 7-113-201 (2026).

Text

(1)Where any corporate action specified in section 7-113-102 (1) is to be submitted to a vote at a shareholders' meeting, the meeting notice must state that the corporation has concluded that the shareholders are, are not, or may be entitled to assert appraisal rights under this article 113. If the corporation concludes that appraisal rights are or may be available, a copy of this article 113 must accompany the meeting notice sent to those shareholders entitled to exercise appraisal rights.

(2)In a merger pursuant to section 7-111-104, the parent corporation shall notify in writing all shareholders of the subsidiary that are entitled to assert appraisal rights that the corporate action became effective. The notice shall be sent within ten days after the corporate action became

Free access — add to your briefcase to read the full text and ask questions with AI

(1) Where any corporate action
specified in section 7-113-102 (1) is to be submitted to a vote at a shareholders'
meeting, the meeting notice must state that the corporation has concluded that the
shareholders are, are not, or may be entitled to assert appraisal rights under this
article 113. If the corporation concludes that appraisal rights are or may be
available, a copy of this article 113 must accompany the meeting notice sent to
those shareholders entitled to exercise appraisal rights.

(2) In a merger pursuant to section 7-111-104, the parent corporation shall
notify in writing all shareholders of the subsidiary that are entitled to assert
appraisal rights that the corporate action became effective. The notice shall be
sent within ten days after the corporate action became effective and must include
the materials described in section 7-113-203.

(3) Where any corporate action specified in section 7-113-102 (1) is to be
approved by written consent of the shareholders pursuant to section 7-107-104:

(a) Notice that appraisal rights are, are not, or may be available shall be
given to each shareholder from whom a consent is solicited at the time consent of
the shareholder is first solicited and, if the corporation has concluded that appraisal
rights are or may be available, must be accompanied by a copy of this article 113;
and

(b) Notice that appraisal rights are, are not, or may be available shall be
delivered, together with the notice to nonconsenting and nonvoting shareholders
required by section 7-107-104 (5.5); may include the materials described in section
7-113-203; and, if the corporation has concluded that appraisal rights are or may be
available, must be accompanied by a copy of this article 113.

(4) Where corporate action described in section 7-113-102 (1) is proposed or a
merger pursuant to section 7-111-104 is effected, the notice required by subsection
(1) or (3) of this section, if the corporation concludes that appraisal rights are or may
be available and by subsection (2) of this section, must be accompanied by:

(a) The annual financial statements specified in section 7-116-105 of the
corporation that issued the shares that may be subject to appraisal, which
statements must be as of a date ending not more than sixteen months before the
date of the notice and must comply with section 7-116-105; except that, if the
annual financial statements are not reasonably available, the corporation shall
provide reasonably equivalent financial information; and

(b) The latest available quarterly financial statements of the corporation, if
any.

(5) The right to receive the information described in subsection (4) of this
section may be waived in writing by a shareholder before or after the corporate
action.

Legislative History

Source: L. 2019: Entire article R&RE, (SB 19-086), ch. 166, p. 1953, � 56, effective July 1, 2020. L. 2021: (3) amended, (HB 21-1124), ch. 41, p. 170, � 25, effective April 19.