Federal · Title 43 — Public Lands

43 U.S.C. § 1629d: Dissenters rights

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fail to approve an amendment authorized by section 1629c(b) of this title to terminate alienability restrictions, a shareholder who voted for the amendment may demand payment from the corporation for all of his or her shares of Settlement Common Stock; or approve an amendment authorized by section 1629c(d) of this title to continue alienability restrictions without issuing alienable common stock pursuant to section 1629c(d)(6) of this title , a shareholder who voted against the amendment may demand payment from the corporation for all of his or her shares of Settlement Common Stock. A demand for payment made pursuant to paragraph (1)(A) shall be honored only if at the same time as the vote giving rise to the demand, the shareholders of the corporation approved a resolution providing for the purchase of Settlement Common Stock from dissenting shareholders. A demand for payment made pursuant to paragraph (1)(B) shall be honored. Except as otherwise provided in this section, the laws of the State governing the right of a dissenting shareholder to demand and receive payment for his or her shares shall apply to demands for payment honored pursuant to subsection (a)(2). The board of directors of a Native Corporation may approve a resolution to provide a dissenting shareholder periods of time longer than those provided under the laws of the State to take actions required to demand and receive payment for his or her shares. the Settlement Common Stock shall be valued as restricted stock; and any land conveyed to the corporation pursuant to section 1613(h)(1) of this title or any other land used as a cemetery; and exempt from real estate taxation pursuant to section 1636(d)(1)(A) of this title , and used by the shareholders of the corporation for subsistence uses (as defined in section 3113 of title 16 ); or any land or interest in land which the board of directors believes to be only of speculative value; No person shall have a claim against a Native Corporation or its board of directors based upon the failure of the board to approve a resolution authorized by this subsection. a payment bond issued by an insurance company or financial institution; the deposit in escrow of securities or property having a fair market value equal to at least 125 per centum of the face value of the note; or land conveyed to the corporation pursuant to section 1613(h)(1) of this title , or any other land used as a cemetery; the percentage interest in the corporation’s timber resources and subsurface estate that exceeds its percentage interest in revenues from such property under section 1606(i) of this title ; or exempt from real estate taxation pursuant to section 1636(d)(1)(A) of this title ; and used by the shareholders of the corporation for subsistence uses (as defined in section 3113 of title 16 ), interest shall be paid semi-annually, beginning as of the date on which the vote described in subsection (a)(1) occurred, at the rate applicable on such date to obligations of the United States having a maturity date of one year, and the principal amount and accrued interest on such note shall be payable to the holder at a time specified by the corporation but in no event later than the date that is five years after the date of the vote described in subsection (a)(1). The cash payment made pursuant to subsection (a) or the principal amount of a note issued pursuant to subsection (d) to a dissenting shareholder shall be reduced by the amount of dividends paid to such shareholder with respect to his or her Settlement Common Stock after the date of the vote described in subsection (a)(1). Upon receipt of a cash payment pursuant to subsection (a) or a note pursuant to subsection (d), a dissenting shareholder shall no longer have an interest in the shares of Settlement Common Stock or in the Native Corporation.

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