§414-343 - Dissent by nominees and beneficial owners.
[§414-343] Dissent by nominees andbeneficial owners. (a) A record shareholder may assert dissenters' rightsas to fewer than all the shares registered in the shareholder's name only ifthe shareholder dissents with respect to all shares beneficially owned by anyone person and notifies the corporation in writing of the name and address ofeach person on whose behalf the record shareholder asserts dissenters' rights. The rights of a partial dissenter under this subsection are determined as ifthe shares as to which the partial dissenter dissents and the partialdissenter's other shares were registered in the names of differentshareholders.
(b) A beneficial shareholder may assertdissenters' rights as to shares held on the beneficial shareholder's behalfonly if:
(1) The beneficial shareholder submits to thecorporation the record shareholder's written consent to the dissent not laterthan the time the beneficial shareholder asserts dissenters' rights; and
(2) The beneficial shareholder does so with respectto all shares of which the beneficial shareholder is the beneficial shareholderor over which the beneficial shareholder has power to direct the vote. [L 2000,c 244, pt of §1]