16-10a-1320 - Notice of dissenters' rights. - Utah Statutes

16-10a-1320. Notice of dissenters' rights.
(1) If a proposed corporate action creating dissenters' rights under Section 16-10a-1302 issubmitted to a vote at a shareholders' meeting, the meeting notice shall be sent to all shareholdersof the corporation as of the applicable record date, whether or not they are entitled to vote at themeeting. The notice shall state that shareholders are or may be entitled to assert dissenters' rightsunder this part. The notice shall be accompanied by a copy of this part and the materials, if any,that under this chapter are required to be given the shareholders entitled to vote on the proposedaction at the meeting. Failure to give notice as required by this subsection does not affect anyaction taken at the shareholders' meeting for which the notice was to have been given.
(2) If a proposed corporate action creating dissenters' rights under Section 16-10a-1302 isauthorized without a meeting of shareholders pursuant to Section 16-10a-704, any written or oralsolicitation of a shareholder to execute a written consent to the action contemplated by Section16-10a-704 shall be accompanied or preceded by a written notice stating that shareholders are ormay be entitled to assert dissenters' rights under this part, by a copy of this part, and by thematerials, if any, that under this chapter would have been required to be given to shareholdersentitled to vote on the proposed action if the proposed action were submitted to a vote at ashareholders' meeting. Failure to give written notice as provided by this subsection does notaffect any action taken pursuant to Section 16-10a-704 for which the notice was to have beengiven.

Amended by Chapter 378, 2010 General Session