Title 46, Chapter 8, Section 335
( 46-8-335)
(a) No guaranty or acquisition of stock, securities, property, rights, or franchises of any corporation shall become effective under Code Section 46-8-334 until the expiration of 30 days from the authorization of such guaranty or acquisition by the stockholders. (b) If any stockholder who does not vote in favor of such action
files with the secretary of the corporation, within 30 days of the
authorization by the other stockholders, his written disapproval
thereof, no such guaranty or acquisition shall become effective
until the ascertainment and payment of the award provided for in
this Code section. If such disapproval is so filed, either the
dissenting stockholder or the corporation may, within ten days
thereafter, apply by petition to the commission, on 15 days' notice,
for an adjudication by the commission as to whether the action so
authorized is for the public benefit. If the commission does not
find that such action is for the public benefit, the guaranty or
acquisition shall not become effective unless the consent of all of
the other stockholders is given thereto within 30 days after the
report of the findings of the commission. If the commission finds
that such action is for the public benefit, the value of the stock
of the dissenting stockholder, without regard to appreciation or
depreciation thereof in consequence of such action, shall be
ascertained by a proceeding to be held in the county of the
principal office of the corporation and thereafter paid to such
dissenting stockholder, all in accordance with Title 22, so far as
such title may be applicable; and thereupon the dissenting
stockholder shall transfer his stock to the corporation, to be
disposed of by the directors or to be retained for the benefit of
the remaining stockholders. |