§431:4-247  Application of this part to
annual report.  Notwithstanding section 431:4-238(b) and (c), two copies of
any portion of the annual report referred to in section 431:4-238(b), which
comments upon or refers to any solicitation subject to this part or to any
participant 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 in
preliminary form at least five business days prior to the date copies of the
annual report are first sent or given to stockholders. [L 2000, c 24, pt of §2;
am L 2004, c 122, §16]