Payment of Fair Value of Dissenter's Membership Interest

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  1. Except as provided in § 43-38-809, as soon as the proposed cooperative action is effectuated, or upon receipt of a payment demand, whichever is later, the cooperative shall pay each dissenter who complied with § 43-38-806 the amount the cooperative estimates to be the fair value of the dissenter's membership interest, plus accrued interest.
  2. The payment must be accompanied by:
    1. The cooperative's balance sheet as of the end of a fiscal year ending not more than sixteen (16) months before the date of payment, an income statement for that year, and the latest available interim financial statements, if any;
    2. A statement of the cooperative estate of the fair value of the membership interests;
    3. An explanation of how the value of the membership interest was calculated;
    4. A statement of the dissenter's right to demand payment under § 43-38-810; and
    5. A copy of this part, if the cooperative has not previously sent a copy of this part to the member pursuant to § 43-38-803 or § 43-38-805.


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