10-1327. After-acquired shares
A. A corporation may elect to withhold payment required by section 10-1325 from a
dissenter unless the dissenter was the beneficial owner of the shares before the date set
forth in the dissenters' notice as the date of the first announcement to news media or to
shareholders of the terms of the proposed corporate action.
B. To the extent the corporation elects to withhold payment under subsection A of
this section, after taking the proposed corporate action, it shall estimate the fair
value of the shares plus accrued interest and shall pay this amount to each dissenter who
agrees to accept it in full satisfaction of his demand. The corporation shall send with
its offer a statement of its estimate of the fair value of the shares, an explanation of
how the interest was calculated and a statement of the dissenters' right to demand
payment under section 10-1328.
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