16-10a-1328. Procedure for shareholder dissatisfied with payment or offer.
(1) A dissenter who has not accepted an offer made by a corporation under Sectionmay notify the corporation in writing of the dissenter's own estimate of the fair value of the dissenter's shares and demand payment of the estimated amount, plus interest, less any payment made under Section, if: 16-10a-1327 16-10a-1325 the dissenter believes that the amount paid under Sectionor offered under Sectionis less than the fair value of the shares; 16-10a-1325 16-10a-1327 the corporation fails to make payment under Sectionwithin 60 days after the date set by the corporation as the date by which it must receive the payment demand; or 16-10a-1325 the corporation, having failed to take the proposed corporate action creating dissenters' rights, does not return the deposited certificates or release the transfer restrictions imposed on uncertificated shares as required by Section. 16-10a-1326
(2) A dissenter waives the right to demand payment under this section unless the dissenter causes the corporation to receive the notice required by Subsectionwithin 30 days after the corporation made or offered payment for the dissenter's shares. (1)