351.925. Right to demand payment--notification of fair value.

Right to demand payment--notification of fair value.

351.925. 1. A dissenter may notify the corporation inwriting of his own estimate of the fair value of his shares anddemand payment of his estimate, less any payment under section351.910, or reject the corporation's offer under section 351.920and demand payment of the fair value of his shares due, if:

(1) The dissenter believes that the amount paid undersection 351.910 or offered under section 351.920 is less thanthe fair value of his shares;

(2) The corporation fails to make payment under section351.910 within sixty days after the date set for demandingpayment; or

(3) The corporation, having failed to take the proposedaction, does not return the deposited certificates or releasethe transfer restrictions imposed on uncertificated shareswithin sixty days after the date set for demanding payment.

2. A dissenter waives his right to demand payment underthis section unless he notifies the corporation of his demand inwriting under subsection 1 of this section within thirty daysafter the corporation made or offered payment for his shares.

(L. 1990 H.B. 1432)