Montana § 35-14-1325 After-Acquired Shares

Montana Statutes

§ 35-14-1325 — After-Acquired Shares

Montana § 35-14-1325

Title 35CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS

Ch. 14MONTANA BUSINESS CORPORATION ACT

Part 13Appraisal Rights

This text of Montana § 35-14-1325 (After-Acquired Shares) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 35-14-1325 (2026).

Text

35-14-1325 . After-acquired shares.

(1)A corporation may elect to withhold payment required by 35-14-1324 from any shareholder who was required to but did not certify that beneficial ownership of all of the shareholder's shares for which appraisal rights are asserted was acquired before the date set forth in the appraisal notice sent pursuant to 35-14-1322 (2)(a).

(2)If the corporation elected to withhold payment under subsection (1) of this section, it shall, within 30 days after the form required by 35-14-1322 (2)(b)(ii) is due, notify all shareholders who are described in subsection (1) of this section:

(a)of the information required by 35-14-1324 (2)(a);

(b)of the corporation's estimate of fair value pursuant to 35-14-1324 (2)(b);

(c)that they may accept the corporation's estimate

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

35-14-1325 . After-acquired shares. (1) A corporation may elect to withhold payment required by 35-14-1324 from any shareholder who was required to but did not certify that beneficial ownership of all of the shareholder's shares for which appraisal rights are asserted was acquired before the date set forth in the appraisal notice sent pursuant to 35-14-1322 (2)(a).
(2) If the corporation elected to withhold payment under subsection (1) of this section, it shall, within 30 days after the form required by 35-14-1322 (2)(b)(ii) is due, notify all shareholders who are described in subsection (1) of this section:
(a) of the information required by 35-14-1324 (2)(a);
(b) of the corporation's estimate of fair value pursuant to 35-14-1324 (2)(b);
(c) that they may accept the corporation's estimate of fair value, plus interest, in full satisfaction of their demands or demand appraisal under 35-14-1326 ;
(d) that those shareholders who wish to accept the offer shall notify the corporation of their acceptance of the corporation's offer within 30 days after receiving the offer; and
(e) that those shareholders who do not satisfy the requirements for demanding appraisal under 35-14-1326 are considered to have accepted the corporation's offer.
(3) Within 10 days after receiving the shareholder's acceptance pursuant to subsection (2)(d), the corporation shall pay in cash the amount it offered under subsection (2)(b), plus interest, to each shareholder who agreed to accept the corporation's offer in full satisfaction of the shareholder's demand.
(4) Within 40 days after delivering the notice described in subsection (2), the corporation shall pay in cash the amount it offered to pay under subsection (2)(b), plus interest, to each shareholder described in subsection (2)(e).