HRS §417E-3
Filing solicitation materials with the commissioner
This section requires the person making a take-over offer (the offeror) and the target company to file copies of any ads, letters, or other materials that ask shareholders to accept or reject the offer. These copies must be filed with the commissioner and sent to the other party before the materials are used. The commissioner can stop the use of materials that are false or misleading.
The statute, as written — Filing of solicitation materials
Copies of all advertisements, circulars, letters, or other materials published by the offeror or the target company, soliciting or requesting the acceptance or rejection of the take-over offer, shall be filed with the commissioner and sent to the target company or offeror, respectively, not later than the time copies of such solicitation materials are first published or used or sent to offerees. The commissioner may prohibit the use of any solicitation materials deemed false or misleading.
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