State Codes and Statutes

Statutes > North-carolina > Chapter_55 > GS_55-13-03

§55‑13‑03.  Dissent by nominees and beneficial owners.

(a)        A recordshareholder may assert dissenters' rights as to fewer than all the sharesregistered in his name only if he dissents with respect to all sharesbeneficially owned by any one person and notifies the corporation in writing ofthe name and address of each person on whose behalf he asserts dissenters'rights.  The rights of a partial dissenter under this subsection are determinedas if the shares as to which he dissents and his other shares were registeredin the names of different shareholders.

(b)        A beneficialshareholder may assert dissenters' rights as to shares held on his behalf onlyif:

(1)        He submits to thecorporation the record shareholder's written consent to the dissent not laterthan the time the beneficial shareholder asserts dissenters' rights; and

(2)        He does so withrespect to all shares of which he is the beneficial shareholder.  (1925,c. 77, s. 1; 1943, c. 270; G.S., s. 55‑167; 1955, c. 1371, s. 1; 1969, c.751, s. 39; 1973, c. 469, ss. 36, 37; 1989, c. 265, s. 1.)

State Codes and Statutes

Statutes > North-carolina > Chapter_55 > GS_55-13-03

§55‑13‑03.  Dissent by nominees and beneficial owners.

(a)        A recordshareholder may assert dissenters' rights as to fewer than all the sharesregistered in his name only if he dissents with respect to all sharesbeneficially owned by any one person and notifies the corporation in writing ofthe name and address of each person on whose behalf he asserts dissenters'rights.  The rights of a partial dissenter under this subsection are determinedas if the shares as to which he dissents and his other shares were registeredin the names of different shareholders.

(b)        A beneficialshareholder may assert dissenters' rights as to shares held on his behalf onlyif:

(1)        He submits to thecorporation the record shareholder's written consent to the dissent not laterthan the time the beneficial shareholder asserts dissenters' rights; and

(2)        He does so withrespect to all shares of which he is the beneficial shareholder.  (1925,c. 77, s. 1; 1943, c. 270; G.S., s. 55‑167; 1955, c. 1371, s. 1; 1969, c.751, s. 39; 1973, c. 469, ss. 36, 37; 1989, c. 265, s. 1.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_55 > GS_55-13-03

§55‑13‑03.  Dissent by nominees and beneficial owners.

(a)        A recordshareholder may assert dissenters' rights as to fewer than all the sharesregistered in his name only if he dissents with respect to all sharesbeneficially owned by any one person and notifies the corporation in writing ofthe name and address of each person on whose behalf he asserts dissenters'rights.  The rights of a partial dissenter under this subsection are determinedas if the shares as to which he dissents and his other shares were registeredin the names of different shareholders.

(b)        A beneficialshareholder may assert dissenters' rights as to shares held on his behalf onlyif:

(1)        He submits to thecorporation the record shareholder's written consent to the dissent not laterthan the time the beneficial shareholder asserts dissenters' rights; and

(2)        He does so withrespect to all shares of which he is the beneficial shareholder.  (1925,c. 77, s. 1; 1943, c. 270; G.S., s. 55‑167; 1955, c. 1371, s. 1; 1969, c.751, s. 39; 1973, c. 469, ss. 36, 37; 1989, c. 265, s. 1.)