Utah Code 16-10a-1331. Court costs and counsel fees
Current as of: 2023 | Check for updates
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(1) | The court in an appraisal proceeding commenced under Section 16-10a-1330 shall determine all costs of the proceeding, including the reasonable compensation and expenses of appraisers appointed by the court. The court shall assess the costs against the corporation, except that the court may assess costs against all or some of the dissenters, in amounts the court finds equitable, to the extent the court finds that the dissenters acted arbitrarily, vexatiously, or not in good faith in demanding payment under Section 16-10a-1328. |
(a) | a civil suit; |
(b) | arbitration or mediation; and |
(c) | a criminal, administrative, or investigatory action. See Utah Code 16-10a-102 | ||||
(2) | The court may also assess the fees and expenses of counsel and experts for the respective parties, in amounts the court finds equitable:
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(3) | If the court finds that the services of counsel for any dissenter were of substantial benefit to other dissenters similarly situated, and that the fees for those services should not be assessed against the corporation, the court may award to those counsel reasonable fees to be paid out of the amounts awarded the dissenters who were benefited. |
Enacted by Chapter 277, 1992 General Session