HRS §431:4-245
Soliciting stockholder proxies before the formal proxy statement
This section lets a company ask stockholders for proxies before the official proxy statement is ready, but only if it follows certain rules. It must file required statements, include basic information in each message, and send the full proxy statement as soon as possible. No proxy form can be given before the full statement is provided.
businesses
The statute, as written — Solicitations prior to furnishing required written proxy statement
Notwithstanding section 431:4-238(a), a solicitation subject to this part may be made prior to furnishing stockholders a written proxy statement containing the information specified in schedule A under section 431:4-232 with respect to the solicitation, provided that: (1) The statements required by section 431:4-244 are filed by or on behalf of each participant in the solicitation; (2) No form of proxy is furnished to stockholders prior to the time the proxy statement required by section 431:4-238(a) is furnished to such persons. This paragraph shall not apply where a proxy statement then meeting the requirements of schedule A under section 431:4-232 has been furnished to stockholders; (3) At the minimum, the information specified in paragraphs (2) and (3) of the statements required by schedule B under section 431:4-233 to be filed by each participant, or an appropriate summary thereof, is included in each communication sent or given to stockholders in connection with the solicitation; and (4) A written proxy statement containing the information specified in schedule A pursuant to section 431:4-232 with respect to a solicitation is sent or given to stockholders at the earliest practicable date.
Sections this one refers to
§431:4-232 What must be in a proxy statement
§431:4-233 What to include in a proxy contest filing
§431:4-238 What must be given to stockholders before asking for their votes
§431:4-244 Filing required information before soliciting stockholders
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