Florida Statutes

Fla. Stat. § 607.1323 (2025)

Perfection of rights; right to withdraw.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

Find cases: SyfertCases citing this section FL-LEGleg.state.fl.us JustiaFla. Statutes CornellLII Search CasesGoogle Scholar

607.1323 Perfection of rights; right to withdraw.—

(1) A shareholder who receives notice pursuant to s. 607.1322 and who wishes to exercise appraisal rights must sign and return the form received pursuant to s. 607.1322(1) and, in the case of certificated shares, deposit the shareholder’s certificates in accordance with the terms of the notice by the date referred to in the notice pursuant to s. 607.1322(2)(b)2. Once a shareholder deposits that shareholder’s certificates or, in the case of uncertificated shares, returns the signed forms, that shareholder loses all rights as a shareholder, unless the shareholder withdraws pursuant to subsection (2).

(2) A shareholder who has complied with subsection (1) may nevertheless decline to exercise appraisal rights and withdraw from the appraisal process by so notifying the corporation in writing by the date set forth in the appraisal notice pursuant to s. 607.1322(2)(b)6. A shareholder who fails to so withdraw from the appraisal process may not thereafter withdraw without the corporation’s written consent.

(3) A shareholder who does not sign and return the form and, in the case of certificated shares, deposit that shareholder’s share certificates if required, each by the date set forth in the notice described in s. 607.1322(2), shall not be entitled to payment under ss. 607.1301-607.1340.

History.—s. 27, ch. 2003-283; s. 167, ch. 2019-90.

Notes of Decisions

Cited in 1 case, 2017–2017 · leading case: Omes v. Ultra Enter., Inc., 225 So. 3d 956 (Fla. 3d DCA 2017).

Sort: Relevance Newest Treatment

Omes v. Ultra Enter., Inc., 225 So. 3d 956 (Fla. 3d DCA 2017). · cites it 2× “’s claims of corporate error are barred; by electing to participate in the appraisal process and returning the duly signed “Exercise of Appraisal Rights” and “Stock Power” forms, the trial court properly found that Omes lost all rights as a shareholder pursuant to section 607.”

— 607.1323(1) — 1 case

Omes v. Ultra Enter., Inc., 225 So. 3d 956 (Fla. 3d DCA 2017). “’s claims of corporate error are barred; by electing to participate in the appraisal process and returning the duly signed “Exercise of Appraisal Rights” and “Stock Power” forms, the trial court properly found that Omes lost all rights as a shareholder pursuant to section 607.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.