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