04 NCAC 16D .0204. PROXY SOLICITATION

A proxy shall not be solicited by means of any oral or written communication which:

(1)           solicits any undated or postdated proxy;

(2)           solicits any proxy providing that it shall be deemed to be dated as of any date subsequent to the date on which it is signed by the member or stockholder;

(3)           contains any statement that is false or misleading with respect to any material fact; or

(4)           omits to state any material fact:

(a)           necessary to make the statements therein not false or misleading; or

(b)           necessary to correct any statement in any earlier communication with respect to the solicitation of a proxy for the same meeting or subject matter that has subsequently become false or misleading.

 

History Note:        Authority G.S. 54B‑55; 54B‑105;

Eff. August 31, 1981.