Mississippi Code Title 79. Corporations, Associations, and Partnerships § 79-10-41. Court action to appraise shares

(1) If the disqualified shareholder does not accept the professional corporation's offer under Section 79-10-39(2) within the thirty-day period, the shareholder during the following thirty-day period may deliver a written notice to the corporation demanding that it commence a proceeding to determine the fair value of the shares.  The corporation may commence a proceeding at any time during the sixty (60) days following the effective date of its offer notice.  If it does not do so, the shareholder may commence a proceeding against the corporation to determine the fair value of his shares.

(2) The corporation or disqualified shareholder shall commence the proceeding in the chancery court of the county where the corporation's principal office (or, if none in this state, its registered office) is located.  The corporation shall make the disqualified person a party to the proceeding as in an action against his shares.  The jurisdiction of the court in which the proceeding is commenced is plenary and exclusive.

(3) The court may appoint one or more persons as appraisers to receive evidence and recommend decision on the question of fair value.  The appraisers have the power described in the order appointing them, or in any amendment to it.

(4) The disqualified shareholder is entitled to judgment for the fair value of his shares determined by the court as of the date of death, disqualification or transfer together with interest from that date at a rate found by the court to be fair and equitable.

(5) The court may order the judgment paid in installments determined by the court.