§431:4-247  Application of this part toannual report.  Notwithstanding section 431:4-238(b) and (c), two copies ofany portion of the annual report referred to in section 431:4-238(b), whichcomments upon or refers to any solicitation subject to this part or to anyparticipant in any solicitation, other than the solicitation by the management,shall be filed with the commissioner as proxy material subject to this part. The portion of the annual report shall be filed with the commissioner inpreliminary form at least five business days prior to the date copies of theannual report are first sent or given to stockholders. [L 2000, c 24, pt of §2;am L 2004, c 122, §16]