United States · Delaware corporate appraisal

How long can an appraisal claimant withdraw a demand without joining the proceeding?

Within sixty days after transaction effectiveness, a person entitled to appraisal who has not commenced the proceeding or joined as a named party may withdraw the demand and accept the transaction terms. Section 262(k) addresses later written withdrawal with the corporation’s written approval. Dismissal of a Court proceeding requires the Court’s approval.

5.0Rated by lawyers in California, London and Singapore“The platform is really easy to use.” — Michael B., California“The Evidence Record saved us time with our insurance on bankruptcy matters.” — Maria, London, UK“The most up-to-date service we could find.” — Li Chen, Singapore

Calculate my deadline

Period: Sixty calendar days after effectiveness for the qualified unilateral branch
Trigger: The established effective date of the transaction for the unilateral withdrawal branch
Rule: 8 Del. C. § 262(e), (k)

8 Del. C. § 262(e), (k)

Current Delaware Code and retained Chancery compilation reviewed. An editorial check does not establish an amendment commencement date. Establish the statutory version applicable to the actual transaction. The Court compilation is current through June 1, 2026.

Free calculator · No account needed

Calculate your deadline

The established effective date of the transaction for the unilateral withdrawal branch

Use this nominal component only for a person who remains entitled to the subsection (e) unilateral right. Named-party participation can remove that right before day sixty. The later corporate-approval branch and dismissal of pending litigation are separate acts.

Entry rules and timing exceptions

60 days from Effective date of the merger, consolidation, conversion, transfer, domestication or continuance

8 Del. C. Sec. 262(e)Binding

Rule notes

The 60-day and 120-day clocks in Section 262(e) run from the SAME trigger - the effective date - and must be diarised together. The withdrawal right is lost both by the passage of 60 days and, earlier, by commencing or joining the appraisal proceeding as a named party. Because withdrawal is an act toward the surviving entity rather than a court filing, the last-day roll under Ct. Ch. R. 6(a) should not be assumed; treat the roll as requiring review.

Calculation software, not legal advice. Check the current rule, orders and facts.

Loading calculator…

What lawyers say

5.0

“The platform is really easy to use.”
Michael B.Employment litigation attorney · California
“The Evidence Record saved us time with our insurance on bankruptcy matters.”
MariaBankruptcy and commercial attorney · London, UK
“The most up-to-date service we could find.”
Li ChenArbitration practitioner · Singapore

Which established event governs this requirement?

Responsible actor. An appraisal claimant who has not commenced or joined the proceeding as a named party.

Establish the effective date and the shares subject to the demand.

Check whether the claimant commenced or joined the proceeding as a named party.

Distinguish withdrawal of the demand from dismissal of a pending Court proceeding.

8 Del. C. § 262(e), (k)

How is this corporate calendar-day component counted?

The established effective date of the transaction for the unilateral withdrawal branch
Count sixty calendar days after effectiveness. This company-directed withdrawal does not use the Court’s short-period exclusion or court-closure adjustment. The calculator leaves a weekend or holiday nominal date unchanged for legal review.
Deliver the written withdrawal to the surviving, resulting or converted entity and preserve its completed delivery. If the relevant proceeding must be dismissed, obtain the Court’s actual approval. A letter asking for approval does not establish that approval.

Reviewed coverage combines the current Delaware Code with the retained June 1, 2026 Chancery compilation. Supported calculators cover established events and final dates from June 1, 2026 through December 31, 2027. This editorial boundary is not statutory commencement or a finding of lateness. Earlier events, backward periods crossing the boundary and later results require renewed edition review. No computed or paid date is supplied outside this coverage.

8 Del. C. § 262(e), (k)

What do independently derived examples show?

Fictitious example

Fictitious eligible person who has neither commenced the appraisal proceeding nor joined as a named party. Delivery and applicable statutory version are separately established.

Example counting steps
Step	What is counted	Date
Established event	The established effective date of the transaction for the unilateral withdrawal branch	Saturday, August 1, 2026
Ordinary component	Event on Saturday, August 1, 2026. The nominal 60-day component is 2026-09-30. No Court short-period exclusion or Court-closure adjustment applies. No mail addition applies.	Wednesday, September 30, 2026
Weekend or holiday variant	Event on Tuesday, August 4, 2026. The nominal 60-day component is 2026-10-03. No Court short-period exclusion or Court-closure adjustment applies. No mail addition applies.	Saturday, October 3, 2026
Material branch	Event on Tuesday, December 1, 2026. The nominal 60-day component is 2027-01-30. No Court short-period exclusion or Court-closure adjustment applies. No mail addition applies.	Saturday, January 30, 2027

Example resultWednesday, September 30, 2026

Fictitious established facts. These examples do not establish entitlement, completed corporate acts or filing, legally effective service, applicable statutory version or an extension. Use this nominal component only for a person who remains entitled to the subsection (e) unilateral right. Named-party participation can remove that right before day sixty. The later corporate-approval branch and dismissal of pending litigation are separate acts.

Try these dates in the calculator

Which qualifications change this particular requirement?

Participation removes the unilateral branch: Subsection (e) limits the sixty-day right to persons who have not commenced the proceeding or joined it as a named party. Being inside sixty days alone is insufficient.
Written corporate approval after sixty days: Subsection (k) permits the specified written withdrawal after sixty days with the corporation’s written approval. That approval is not the same as Court approval of dismissal.
Court-controlled dismissal: The Court must approve dismissal of an appraisal proceeding as to a person. It may impose just terms, including reserved jurisdiction concerning expenses.
Editorial coverage: Reviewed coverage combines the current Delaware Code with the retained June 1, 2026 Chancery compilation. Supported calculators cover established events and final dates from June 1, 2026 through December 31, 2027. This editorial boundary is not statutory commencement or a finding of lateness. Earlier events, backward periods crossing the boundary and later results require renewed edition review. No computed or paid date is supplied outside this coverage.

8 Del. C. § 262(e), (k)

Use this nominal component only for a person who remains entitled to the subsection (e) unilateral right. Named-party participation can remove that right before day sixty. The later corporate-approval branch and dismissal of pending litigation are separate acts.
The date is limited to this stated component and its established facts.

Which corporate acts and records must be completed?

Establish the effective date and the shares subject to the demand.
Check whether the claimant commenced or joined the proceeding as a named party.
Distinguish withdrawal of the demand from dismissal of a pending Court proceeding.
Subsection (e) limits the sixty-day right to persons who have not commenced the proceeding or joined it as a named party. Being inside sixty days alone is insufficient.
Subsection (k) permits the specified written withdrawal after sixty days with the corporation’s written approval. That approval is not the same as Court approval of dismissal.
The Court must approve dismissal of an appraisal proceeding as to a person. It may impose just terms, including reserved jurisdiction concerning expenses.

Questions about this particular appraisal requirement