1. Ifa shareholder makes a demand for payment under section 490.1326 which remains unsettled, the corporation shall commence a proceeding within sixty days after receiving the payment demand and petition the court to determine the fair value of the shares and accrued interest. If the corporation does not commence the proceeding within the sixty-day period, itshall pay in cash to each shareholder the amount the shareholder demanded pursuant to section 490.1326 plus interest. 2. The corporation shall commence the proceeding in the district court of the county where the corporation’s principal officeor, ifnone, itsregistered office in this state is located. Ifthe corporation is a foreign corporation without a registered office in this state, itshall commence the proceeding in the county in this state where the principal office or registered office of the domestic corporation merged with the foreign corporation was located at the time of the transaction. 3. Thecorporationshall make allshareholders, regardless of whetherthey areresidents of thisstate, whose demands remain unsettled parties to the proceeding as in an action against their shares, and allparties shall be served with a copy of the petition. Nonresidents may be served by registered or certified mail or by publication as provided by law. 4. The jurisdiction of the court in which the proceeding iscommenced under subsection 2 is plenary and exclusive. The court may appoint one or more persons as appraisers to receive evidence and recommend a decision on the question of fair value. The appraisers shall have the powers described in the order appointing them, or in any amendment to it.The shareholders demanding appraisal rights are entitled to the same discovery rights as parties in other civilproceedings. There shall be no right to a jury trial. 5. Each shareholder made a party to the proceeding is entitled to judgment for any of the following: a. The amount, if any, by which the court finds the fair value of the shareholder’s shares exceeds the amount paid by the corporation to the shareholder for such shares, plus interest. b. The fair value, plus interest, of the shareholder’s shares for which the corporation elected to withhold payment under section 490.1325. 1001, §2; 2021 Acts, ch 165, §168, 230
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