New Hampshire Section 262 of the Delaware General Corporation Law, commonly known as the appraisal rights statute, provides shareholders of Delaware corporations with the right to petition for a judicial appraisal of their shares' fair value in the event of certain corporate transactions. This statute is meant to protect shareholders from potential unfairness or underperformance when their shares are involuntarily converted or extinguished as a result of mergers, consolidations, or certain other corporate actions. Under Section 262, shareholders who dissent from a proposed corporate transaction have the option to demand appraisal of their shares, based on the belief that their shares' true fair value exceeds the agreed-upon consideration offered by the corporation. This right enables shareholders to seek legal recourse and potentially be awarded a different, fairer fair market value for their shares. The purpose of Section 262 is to ensure that shareholders are not disadvantaged by major corporate decisions that may not be fully in their best interests. By invoking their appraisal rights, shareholders can seek protection against potential economic harm resulting from corporate actions such as mergers, consolidations, or sales of substantial assets. This statute serves to promote shareholder transparency, fairness, and the equitable treatment of stockholders in Delaware corporations. It is worth mentioning that there are no different types of New Hampshire Section 262 in the Delaware General Corporation Law. However, there may be different scenarios or circumstances that trigger the application of this statute, such as statutory mergers, short-form mergers, consolidations, or the sale of substantially all of a corporation's assets. In each case, shareholders who dissent from the corporate action and feel their interests are not being properly considered can potentially invoke Section 262 to seek an independent appraisal of their shares' fair value. Overall, New Hampshire Section 262 of the Delaware General Corporation Law is a crucial provision that empowers shareholders to protect their economic interests and ensure fair treatment in corporate transactions. By providing an avenue for appraisal rights, Delaware law aims to maintain a balanced and equitable ecosystem for shareholders within the corporate landscape.
New Hampshire Section 262 of the Delaware General Corporation Law
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(a) Whenever stockholders are required or permitted to take any action at a meeting, a notice of the meeting in the form of a writing or electronic transmission shall be given which shall state the place, if any, date and hour of the meeting, the means of remote communications, if any, by which stockholders and proxy ...
Any stockholder entitled to appraisal rights may, within 20 days after the date of mailing of such notice, demand in writing from the surviving or resulting corporation the appraisal of such holder's shares.
§ 312. Revival of certificate of incorporation. (a) As used in this section, the term ?certificate of incorporation? includes the charter of a corporation organized under any special act or any law of this State.
Section 265 - Conversion of other entities to a domestic corporation (a) As used in this section, the term "other entity" means a limited liability company, statutory trust, business trust or association, real estate investment trust, common-law trust or any other unincorporated business including a partnership ( ...
A bylaw amendment adopted by stockholders which specifies the votes that shall be necessary for the election of directors shall not be further amended or repealed by the board of directors.
(a) Any 1 or more corporations of this State may merge or consolidate with 1 or more limited liability companies, unless the laws of the jurisdiction or jurisdictions under which such limited liability company or limited liability companies are formed prohibit such merger or consolidation.
The Delaware General Corporation Law (Title 8, Chapter 1 of the Delaware Code) is the statute of the Delaware Code that governs corporate law in the U.S. state of Delaware. The statute was adopted in 1899. Since then, Delaware has become the most prevalent jurisdiction in United States corporate law.