Ohio Code § 1729.47
Ohio Code § 1729.47. Reproduced from the official Ohio Revised Code, with a citation summary, verification link, and related provisions.
§ 1729.47.
(A) If the association's articles of incorporation or bylaws do not provide a reasonable
basis for determining and paying fair cash value of the stock that is the subject
of the demand for payment of fair cash value, and the affected stockholder has not
agreed upon a fair cash value of the stock that is the subject of the demand within
three months after delivery of the demand for payment of fair cash value, the affected
stockholder, within thirty days thereafter, may file a complaint for recovery of fair
cash value of the stock from the association or the surviving, new, or resulting association
or entity in the court of common pleas of the county in which the principal place
of business of the association that issued the stock is or was located. However, if the principal place of business of an association is not within this
state, then the complaint described in this division shall be filed in the court of
common pleas of the county in which the association's statutory agent resides. Other affected stockholders who have made timely demand for payment of fair cash
value may join as plaintiffs in the proceeding, and any two or more proceedings commenced
by affected stockholders may be consolidated. The complaint shall contain a brief statement of the relevant facts, including the
vote by members of the association, the facts entitling the stockholder to relief
under this section, and a demand for that relief. Notwithstanding the Rules of Civil Procedure, no answer to a complaint filed under
this section is required. (B) Upon filing the complaint and upon motion of the complainant, the court shall fix
a date for hearing on the complaint and require service of a notice of the complaint
and the date for hearing on the defendant in the manner prescribed in the Rules of
Civil Procedure for service of process. (C) On the date fixed for the hearing or any adjournment thereof, the court shall determine
from the complaint and any evidence submitted at the hearing by the parties, whether
the affected stockholder is entitled to the fair cash value of stock that is the subject
of the demand and, if the stockholder is to be so paid, the number and class of stock
for which payment is to be made. (D) If the court finds that the affected stockholder is to be paid, it may appoint one
or more persons as appraisers to receive evidence as to the fair cash value. The appraisers shall have the power and authority that the court specifies in the
order of appointment, and the court shall fix reasonable compensation for the appraisers. After receiving the recommendation of any appointed appraiser, or if appraisers
are not appointed, the court shall make findings as to the fair cash value and render
judgment for the payment of that fair cash value and interest at the rate and from
the date the court considers equitable. The costs of the proceeding, including compensation of the appointed appraisers
as fixed by the court, shall be assessed as the court considers equitable. (E) The proceeding on the complaint for fair cash value is a special proceeding, and
final orders in it may be vacated, modified, or reversed on appeal pursuant to the
Rules of Appellate Procedure and, to the extent not in conflict with those rules,
Chapter 2505. of the Revised Code.
Source: official Ohio text · Last verified 2026-08-27
At a glance
- Citation: Ohio Revised Code § 1729.47
- Jurisdiction: Ohio
- Code: Ohio Revised Code
- Text: transcribed from the official source (verify below)
Verify the text
Statute text is transcribed from the official Ohio Revised Code. Confirm it against the primary source before relying on it:
Not legal advice. Verify against the official source and consult a licensed Ohio attorney.
Common questions
What is the source of Ohio Revised Code § 1729.47?
The text above is transcribed from the Ohio Revised Code, the codified statutes of Ohio. The official publisher link appears under "Verify the text" on this page.
What subject does Ohio Revised Code § 1729.47 address?
It addresses the rule set out in the section text. Read the section together with the surrounding provisions listed under "Nearby provisions" for the full picture.
Is Ohio Revised Code § 1729.47 still in force?
Statutes are amended, repealed, and renumbered every session. Confirm the current version at the official Ohio source before relying on this text.
Can this page be used as legal advice?
No. This is a reference transcription for research. Applying Ohio law to your facts requires a licensed Ohio attorney who can review the specifics.