Nebraska Article 13 — Dissenters' Rights is an important legal provision that serves to protect the rights of dissenting shareholders during corporate mergers, consolidations, or other significant changes within a Nebraska corporation. This article outlines their rights and provides safeguards to ensure fair treatment and equitable compensation for dissenting shareholders. Under Nebraska law, dissenters' rights are granted to shareholders who object to certain corporate actions and choose to dissent rather than approve them. The objective behind this provision is to offer dissenting shareholders an exit strategy that allows them to part ways with the corporation while receiving a fair market value for their shares. One type of Nebraska Article 13 — Dissenters' Rights pertains to situations where shareholders object to a merger or consolidation. In such cases, dissenting shareholders have the right to demand payment for their shares from the corporation, provided they follow the statutory procedures precisely. This mechanism protects shareholders who may be unwilling to be part of the resulting entity. Another type of Nebraska Article 13 — Dissenters' Rights applies to specific corporate actions, such as amending the articles of incorporation or undertaking a share exchange. If shareholders dissent from these actions, they can exercise their right to receive the fair value of their shares and lawfully exit the corporation. Keywords: Nebraska, Article 13, Dissenters' Rights, shareholders, corporate mergers, consolidations, fair treatment, equitable compensation, object, exit strategy, fair market value, statutory procedures, merger, consolidation, demand payment, resulting entity, corporate actions, amending articles of incorporation, share exchange.
Nebraska Article 13 - Dissenters' Rights
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"Tolling" refers to when the clock on statutes of limitations begins ticking. However, because of the "discovery rule," the time when tolling begins can shift. Under the discovery rule, the clock begins tolling at the point the injury is discovered.
(1) Any person who shall intentionally disturb the peace and quiet of any person, family, or neighborhood commits the offense of disturbing the peace. (2) Disturbing the peace is a Class III misdemeanor.
What Are Dissenters' Rights? Under various forms of state legislation, dissenting shareholders of a corporation are entitled to receive a cash payment for the fair value of their shares, in the event of a share-for-share merger or acquisition (M&A) to which the shareholders do not consent.
Dissenters' rights allow the shareholders of a corporation to obtain cash payment for their shares in case they do not agree or consent to any major corporate transaction. Dissenters' rights cannot be exercised on the shares trading on a national exchange.
If the necessary majority of the corporation's shareholders approve a merger or consolidation, it will go forward, and the shareholders will be compensated. However no shareholder who votes against the transaction is required to accept shares in the surviving or successor corporation.
Statute. Nebraska recognizes a statutory cause of action for invasion of privacy for the exploitation of a person's ?name, picture, portrait, or personality for advertising or commercial purposes.?
Mergers are transactions involving the combination of generally two or more companies into a single entity. The need for shareholder approval of a merger is governed by state law. Typically, a merger must be approved by the holders of a majority of the outstanding shares of the target company.
Dissent rights allow shareholders to object to certain fundamental changes in a corporation and to require the corporation to re-purchase their shares at fair value.