10-A.__If, within the additional 20-day period prescribed by subsection 9, one or more dissenting shareholders and the company have failed to agree as to the fair value of the shares, then the following applies.

A.__The company adopting the plan under subsection 2 may, or shall, if it receives a demand as provided in subparagraph (1), bring an action in the Superior Court in the county in this State where the registered office of the company is located asking the court to determine the fair value of the shares.__If the parent corporation that adopted the plan is neither a domestic corporation nor an authorized insurer, the action may be brought in the county where the registered office of the domestic stock insurance company is located. The company that adopted the plan pursuant to subsection 2:

(1)__Must bring an action within 30 days after receipt of a demand for suit from any dissenting shareholder, if the demand is made within 60 days after the date on which the company adopted the plan pursuant to subsection 2; or

(2)__In the absence of a demand for suit, may bring the action at any time from the expiration of the additional 20-day period prescribed by subsection 9 until the expiration of 60 days after the date on which the company adopted the plan pursuant to subsection 2.

B.__If the company does not institute an action within the period specified in paragraph A, a dissenting shareholder may thereafter bring such an action in the name of the company.

C.__No action may be brought, either by the company or by a dissenting shareholder, more than 6 months after the date on which the plan or a summary of the plan was delivered as provided in subsection 4.

D.__In any such action, whether initiated by the company or by a dissenting shareholder, all dissenting shareholders, wherever residing, except those who have agreed with the company upon the price to be paid for their shares, must be made parties to the proceeding as an action against their shares quasi in rem.__A copy of the complaint must be served on each dissenting shareholder who is a resident of this State as in other civil actions, and must be served by registered or certified mail, or by personal service outside