17-6503.   Establishment of date for determiningstockholders of record.(a) In order that the corporation may determine the stockholders entitled tonotice of or to vote at any meeting of stockholders or any adjournment thereof,the board of directors may fix a record date, which record date shall notprecede the date upon which the resolution fixing the record date is adopted bythe board of directors, and which record date shall not be more than 60 norless than 10 days before the date of such meeting. If no record is fixed by theboard of directors, the record date for determining stockholders entitled tonotice of or to vote at a meeting of stockholders shall be at the close ofbusiness on the day next preceding the day on which notice is given, or, ifnotice is waived, at the close of business on the day next preceding the day onwhich the meeting is held. A determination of stockholders of record entitledto notice of or to vote at a meeting of stockholders shall apply to anyadjournment of the meeting except that the board of directors may fix a newrecord date for the adjourned meeting.

      (b)   In order that the corporation may determine the stockholders entitled toconsent to corporate action in writing without a meeting, the board ofdirectors may fix a record date which record date shall not precede the dateupon which the resolution fixing the record date is adopted by the board ofdirectors, and which date shall not be more than 10 days after the date uponwhich the resolution fixing the record date is adopted by the board ofdirectors. If no record date has been fixed by the board of directors, therecord date for determining stockholders entitled to consent to corporateaction in writing without a meeting, when no prior action by the board ofdirectors is required by this act, shall be the first date on which a signedwritten consent setting forth the action taken or proposed to be taken isdelivered to the corporation by delivery to its registered office in thisstate, its principal place of business, or an officer or agent of thecorporation having custody of the book in which proceedings of meetings ofstockholders are recorded. Delivery made to a corporation's registered officeshall be by hand or by certified or registered mail, return receipt requested.If no record date has been fixed by the board of directors and prior action bythe board of directors is required by this act, the record date for determiningstockholders entitled to consent to corporate action in writing without ameeting shall be at the close of business on the day on which the board ofdirectors adopts the resolution taking such prior action.

      (c)   In order that the corporation may determine the stockholders entitled toreceive payment of any dividend or other distribution or allotment of anyrights or the stockholders entitled to exercise any rights in respect of anychange, conversion or exchange of stock, or for the purpose of any other lawfulaction, the board of directors may fix a record date, which record date shallnot precede the date upon which the resolution fixing the record date isadopted, and which record date shall be not more than 60 days prior to suchaction. If no record date is fixed, the record date for determiningstockholders for any such purpose shall be at the close of business on the dayon which the board of directors adopts the resolution relating thereto.

      History:   L. 1972, ch. 52, § 56;L. 1988, ch. 99, § 23;Revived and amend., L. 1988, ch. 100, § 23;L. 2004, ch. 143, § 28; Jan. 1, 2005.