The proposed bill, if enacted, would amend current statutes regarding court costs and attorney fees in appraisal proceedings related to dissenters' rights. Under the current law, the court determines all costs of the proceeding and assesses them against the corporation, with the possibility of assessing costs against dissenters if certain conditions are met. The bill introduces new language specifying that the court costs assessed against the corporation would also apply to the surviving corporation or any resulting corporation from a sale, merger, or acquisition.
Additionally, the bill clarifies that the fees and expenses of attorneys and experts assessed against the corporation will similarly apply to the surviving or resulting corporations. This change aims to ensure that the financial responsibilities related to appraisal proceedings are clearly defined and extend to all relevant corporate entities involved in a merger or acquisition, thereby enhancing the accountability of corporations in these legal matters.
Statutes affected: Introduced Version: 10-1331
House Engrossed Version: 10-1331