Section 26-A1505. MATERIAL REQUIRED TO BE FILED

 

1505.1Two (2) preliminary copies of the proxy statement and form of proxy and any other soliciting material to be furnished to stockholders concurrently therewith shall be filed with the Commissioner at least ten (10) days prior to the day definitive copies of that material are first sent or given to stockholders, or any shorter period prior to that date as the Commissioner may authorize upon a showing of good cause.

 

1505.2Two (2) preliminary copies of any additional soliciting material relating to the same meeting or subject matter to be furnished to stockholders subsequent to the proxy statements shall be filed with the Commissioner at least two (2) days (exclusive of Saturdays, Sundays, or holidays) prior to the date copies of this material are first sent or given to stockholders or a shorter period prior to that date as the Commissioner may authorize upon a showing of good cause.

 

1505.3Two (2) definitive copies of the proxy statement, form of proxy, and all other soliciting material, in the form in which this material is furnished to stockholders, shall be filed with, or mailed for filing to, the Commissioner not later than the date that material is first sent or given to the stockholders.

 

1505.4When any proxy statement, form of proxy, or other material filed pursuant to this chapter is amended or revised, the copies of those amended statements to be filed with the Commissioner shall be marked to clearly show the changes.

 

1505.5Copies of replies to inquiries from stockholders requesting further information and copies of communications which do no more than request that forms of proxy solicited be signed and returned need not be filed pursuant to this section.

 

1505.6Notwithstanding the provisions of §1505.1 and §1505.2 and §1505.8, copies of soliciting material in the form of speeches, press releases and radio or television scripts may, but need not, be filed with the Commissioner prior to use or publication. Definitive copies, however, shall be filed with or mailed for filing to the Commissioner as required by §1505.3 not later than the date that material is used or published. The provisions of §§1505.1 and 1505.2 and 1508.11 shall apply, however, to any reprints or reproductions of all or any part of that material.