Section 3-720 - Appraisal of fair value. - Maryland Statutes

§ 3-720. Appraisal of fair value.
 

(a)  Basis of fair value.- The fair value of the shares of stock shall be determined as of the date of the stockholders' meeting approving the consolidation, merger, or transfer of assets. 

(b)  Appraisers.-  

(1) The determination of fair value shall be made by three appraisers as follows: 

(i) One chosen by the owners of two thirds of the shares involved; 

(ii) One chosen by the board of directors of the successor; and 

(iii) The third chosen by the other two appraisers. 

(2) The fair value to which any two appraisers agree shall govern. 

(3) The appraisers shall give notice of the fair value determination to the successor and to each stockholder who has made demand for the determination under § 3-719 of this subtitle. 

(c)  Reappraisal.-  

(1) Within 5 days after the appraisers give the notice of the fair value determination, a stockholder who is dissatisfied with that value may notify the Commissioner. 

(2) The Commissioner shall have the shares reappraised. 

(3) This reappraisal is final and binding as to the value of the shares of stock of that stockholder. 

(d)  Appraisal by Commissioner.-  

(1) If the appraisal to be made under subsection (b) of this section is not completed within 90 days after the consolidation, merger, or transfer of assets becomes effective, the Commissioner shall have an appraisal made. 

(2) This appraisal is final and binding as to the value of the shares of stock of all objecting stockholders. 

(e)  Expenses of appraisals.- The successor shall pay the expenses of each appraisal made under this section. 
 

[An. Code 1957, art. 11, §§ 109, 113; 1980, ch. 33, § 2; 1996, ch. 326, § 2.]