04 NCAC 16G .0828. INCORPORATION OF CERTAIN INFORMATION BY REFERENCE

(a)  Where an item in an application calls for information not required to be included in the proxy statement or offering circular, matter contained in any part of the application, including exhibits, may be incorporated by reference in answer, or partial answer, to such items.  No information may be incorporated by reference in a proxy statement or offering circular, unless the document containing such information is attached thereto or is summarized or outlined.  However, an offering circular may incorporate by reference the information contained in a proxy statement previously delivered without need of summary or outline.

(b)  Material incorporated by reference shall be clearly identified in the reference.  An express statement that the specified matter is incorporated by reference shall be made at the particular place in the application where the information is required.  Matter shall not be incorporated by reference in any case where such incorporation would render the statement incomplete, unclear, or confusing.

 

History Note:        Authority G.S. 54C‑33; 54C‑53;

Eff. February 15, 1992.