New Hampshire Revised Statutes 293-A:13.20 – Notice of Appraisal Rights
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(a) Where any corporate action specified in N.H. Rev. Stat. § 293-A:13.02(a) is to be submitted to a vote at a shareholders’ meeting, the meeting notice must state that the corporation has concluded that the shareholders are, are not or may be entitled to assert appraisal rights under this subdivision. If the corporation concludes that appraisal rights are or may be available, a copy of this subdivision must accompany the meeting notice sent to those record shareholders entitled to exercise appraisal rights.
(b) In a merger pursuant to N.H. Rev. Stat. § 293-A:11.05, the parent corporation must notify in writing all record shareholders of the subsidiary who are entitled to assert appraisal rights that the corporate action became effective. Such notice must be sent within 10 days after the corporate action became effective and include the materials described in N.H. Rev. Stat. § 293-A:13.22.
(c) Where any corporate action specified in N.H. Rev. Stat. § 293-A:13.02(a) is to be approved by written consent of the shareholders pursuant to N.H. Rev. Stat. § 293-A:7.04:
(1) written notice that appraisal rights are, are not or may be available must be sent to each record shareholder from whom a consent is solicited at the time consent of such shareholder is first solicited and, if the corporation has concluded that appraisal rights are or may be available, must be accompanied by a copy of this subdivision; and
(2) written notice that appraisal rights are, are not or may be available must be delivered together with the notice to non-consenting and nonvoting shareholders required by N.H. Rev. Stat. § 293-A:7.04(e) and (f), may include the materials described in N.H. Rev. Stat. § 293-A:13.22 and, if the corporation has concluded that appraisal rights are or may be available, must be accompanied by a copy of this subdivision.
(d) Where corporate action described in N.H. Rev. Stat. § 293-A:13.02(a) is proposed, or a merger pursuant to N.H. Rev. Stat. § 293-A:11.05 is effected, the notice referred to in N.H. Rev. Stat. § 293-A:13.20(a) or (c), if the corporation concludes that appraisal rights are or may be available, and in N.H. Rev. Stat. § 293-A:13.20(b) shall be accompanied by:
(1) the annual financial statements specified in N.H. Rev. Stat. § 293-A:16.20(a) of the corporation that issued the shares that may be subject to appraisal, which shall be as of a date ending not more than 16 months before the date of the notice and shall comply with N.H. Rev. Stat. § 293-A:16.20(b); provided that, if such annual financial statements are not reasonably available, the corporation shall provide reasonably equivalent financial information; and
(2) the latest available quarterly financial statements of such corporation, if any.
(e) The right to receive the information described in N.H. Rev. Stat. § 293-A:13.20(d) may be waived in writing by a shareholder before or after the corporate action.
(b) In a merger pursuant to N.H. Rev. Stat. § 293-A:11.05, the parent corporation must notify in writing all record shareholders of the subsidiary who are entitled to assert appraisal rights that the corporate action became effective. Such notice must be sent within 10 days after the corporate action became effective and include the materials described in N.H. Rev. Stat. § 293-A:13.22.
Terms Used In New Hampshire Revised Statutes 293-A:13.20
- Appraisal: A determination of property value.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
(c) Where any corporate action specified in N.H. Rev. Stat. § 293-A:13.02(a) is to be approved by written consent of the shareholders pursuant to N.H. Rev. Stat. § 293-A:7.04:
(1) written notice that appraisal rights are, are not or may be available must be sent to each record shareholder from whom a consent is solicited at the time consent of such shareholder is first solicited and, if the corporation has concluded that appraisal rights are or may be available, must be accompanied by a copy of this subdivision; and
(2) written notice that appraisal rights are, are not or may be available must be delivered together with the notice to non-consenting and nonvoting shareholders required by N.H. Rev. Stat. § 293-A:7.04(e) and (f), may include the materials described in N.H. Rev. Stat. § 293-A:13.22 and, if the corporation has concluded that appraisal rights are or may be available, must be accompanied by a copy of this subdivision.
(d) Where corporate action described in N.H. Rev. Stat. § 293-A:13.02(a) is proposed, or a merger pursuant to N.H. Rev. Stat. § 293-A:11.05 is effected, the notice referred to in N.H. Rev. Stat. § 293-A:13.20(a) or (c), if the corporation concludes that appraisal rights are or may be available, and in N.H. Rev. Stat. § 293-A:13.20(b) shall be accompanied by:
(1) the annual financial statements specified in N.H. Rev. Stat. § 293-A:16.20(a) of the corporation that issued the shares that may be subject to appraisal, which shall be as of a date ending not more than 16 months before the date of the notice and shall comply with N.H. Rev. Stat. § 293-A:16.20(b); provided that, if such annual financial statements are not reasonably available, the corporation shall provide reasonably equivalent financial information; and
(2) the latest available quarterly financial statements of such corporation, if any.
(e) The right to receive the information described in N.H. Rev. Stat. § 293-A:13.20(d) may be waived in writing by a shareholder before or after the corporate action.