(1) A corporation
may elect to withhold payment required by RCW 23B.13.250 from a
dissenter unless the dissenter was the beneficial owner of the
shares before the date set forth in the dissenters' notice as the
date of the first announcement to news media or to shareholders
of the terms of the proposed corporate action.
(2) To the extent the corporation elects to withhold payment
under subsection (1) of this section, after the effective date of
the proposed corporate action, it shall estimate the fair value
of the shares, plus accrued interest, and shall pay this amount
to each dissenter who agrees to accept it in full satisfaction of
the dissenter's demand. The corporation shall send with its
offer an explanation of how it estimated the fair value of the
shares, an explanation of how the interest was calculated, and a
statement of the dissenter's right to demand payment under RCW 23B.13.280.
[2009 c 189 § 47; 1989 c 165 § 150.]