Rhode Island Article 13 - Dissenters' Rights
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FAQ
The Right to Dissent emphasizes that all of these rights, even those that we most closely associate with civil and political rights, require the state not only to refrain from infringing rights but also to take positive steps to ensure that these rights are respected, protected and fulfilled.
Section 164 of the Companies Act, containing the so-called ?appraisal rights? remedy, affords a shareholder, in specific circumstances (mostly major corporate actions), the right to demand that the company buy back all shares held by that shareholder in the company and pay the shareholder the ?fair value? of those ...
- The appraisal right may be exercised by any stockholder who shall have voted against the proposed corporate action, by making a written demand on the corporation within thirty (30) days after the date on which the vote was taken for payment of the fair value of his shares: Provided, That failure to make the demand ...
Even in the absence of a meeting, the shareholders must be given written notice about the right to dissent to the action taken by the company. After the receipt of the notice, any shareholder who wants to dissent should provide, in writing, their intent to dissent and demand the payment of their shares.
An appraisal right is a legal right of a company's shareholders to demand a judicial proceeding or independent valuation of the company's shares with the goal of determining a fair value of the stock price.
Dissenters' rights are guaranteed under state corporate law. When a dissenting shareholder disagrees with a firm's actions, they can exercise appraisal rights; appraising their shares, and being paid the fair market value for them. Dissenters' rights provide an easy way out of a company for a shareholder.
Minority shareholders who exercise their appraisal rights are entitled to a court-supervised valuation of their shares, after which the company must buy their shares at that value.
