New Hampshire Revised Statutes 293-A:13.22 – Appraisal Notice and Form
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(a) If a corporate action requiring appraisal rights under N.H. Rev. Stat. § 293-A:13.02(a) becomes effective, the corporation must send a written appraisal notice and the form required by N.H. Rev. Stat. § 293-A:13.02(b)(1) to all shareholders who satisfy the requirements of N.H. Rev. Stat. § 293-A:13.21(a) or N.H. Rev. Stat. § 293-A:13.21(b). In the case of a merger under N.H. Rev. Stat. § 293-A:11.05, the parent must deliver an appraisal notice and form to all record shareholders who may be entitled to assert appraisal rights.
(b) The appraisal notice must be delivered no earlier than the date the corporate action specified in N.H. Rev. Stat. § 293-A:13.02(a) became effective, and no later than 10 days after such date, and must:
(1) supply a form that (i) specifies the first date of any announcement to shareholders made prior to the date the corporate action became effective of the principal terms of the proposed corporate action, and (ii) if such announcement was made, requires the shareholder asserting appraisal rights to certify whether beneficial ownership of those shares for which appraisal rights are asserted was acquired before that date, and (iii) requires the shareholder asserting appraisal rights to certify that such shareholder did not vote for or consent to the transaction;
(2) state:
(i) where the form must be sent and where certificates for certificated shares must be deposited and the date by which those certificates must be deposited, which date may not be earlier than the date for receiving the required form under N.H. Rev. Stat. § 293-A:13.22(b)(2)(ii);
(ii) a date by which the corporation must receive the form, which date may not be fewer than 40 nor more than 60 days after the date the N.H. Rev. Stat. § 293-A:13.22(a) appraisal notice is sent, and state that the shareholder shall have waived the right to demand appraisal with respect to the shares unless the form is received by the corporation by such specified date;
(iii) the corporation’s estimate of the fair value of the shares;
(iv) that, if requested in writing, the corporation will provide, to the shareholder so requesting, within 10 days after the date specified in N.H. Rev. Stat. § 293-A:13.22(b)(2)(ii) the number of shareholders who return the forms by the specified date and the total number of shares owned by them; and
(v) the date by which the notice to withdraw under N.H. Rev. Stat. § 293-A:13.23 must be received, which date must be within 20 days after the date specified in N.H. Rev. Stat. § 293-A:13.22(b)(2)(ii); and
(3) be accompanied by a copy of this subdivision.
(b) The appraisal notice must be delivered no earlier than the date the corporate action specified in N.H. Rev. Stat. § 293-A:13.02(a) became effective, and no later than 10 days after such date, and must:
Terms Used In New Hampshire Revised Statutes 293-A:13.22
- 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
(1) supply a form that (i) specifies the first date of any announcement to shareholders made prior to the date the corporate action became effective of the principal terms of the proposed corporate action, and (ii) if such announcement was made, requires the shareholder asserting appraisal rights to certify whether beneficial ownership of those shares for which appraisal rights are asserted was acquired before that date, and (iii) requires the shareholder asserting appraisal rights to certify that such shareholder did not vote for or consent to the transaction;
(2) state:
(i) where the form must be sent and where certificates for certificated shares must be deposited and the date by which those certificates must be deposited, which date may not be earlier than the date for receiving the required form under N.H. Rev. Stat. § 293-A:13.22(b)(2)(ii);
(ii) a date by which the corporation must receive the form, which date may not be fewer than 40 nor more than 60 days after the date the N.H. Rev. Stat. § 293-A:13.22(a) appraisal notice is sent, and state that the shareholder shall have waived the right to demand appraisal with respect to the shares unless the form is received by the corporation by such specified date;
(iii) the corporation’s estimate of the fair value of the shares;
(iv) that, if requested in writing, the corporation will provide, to the shareholder so requesting, within 10 days after the date specified in N.H. Rev. Stat. § 293-A:13.22(b)(2)(ii) the number of shareholders who return the forms by the specified date and the total number of shares owned by them; and
(v) the date by which the notice to withdraw under N.H. Rev. Stat. § 293-A:13.23 must be received, which date must be within 20 days after the date specified in N.H. Rev. Stat. § 293-A:13.22(b)(2)(ii); and
(3) be accompanied by a copy of this subdivision.