17-6512. Notice of meetings and adjourned meetings.
17-6512
17-6512. Notice of meetings and adjournedmeetings.(a) Whenever stockholders are required or permitted to take any action at ameeting, a written notice of the meeting shall be given which shall state theplace, if any, date and hour of the meeting, the means of remote communication,if any, by which stockholders and proxy holders may be deemed to be present inperson and vote at such meeting, and, in the case of a special meeting, thepurpose or purposes for which the meeting is called.
(b) Unless otherwise provided in this act, the written notice of any meetingshall be given not less than 10 nor more than 60 days before the date of themeeting to each stockholder entitled to vote at such meeting. If mailed, noticeis given when deposited in the United States mail, postage prepaid, directed tothe stockholder at such stockholder's address as it appears on the records ofthe corporation. An affidavit of the secretary or an assistant secretary or ofthe transfer agent or other agent of the corporation that the notice has beengiven shall be prima facie evidence of the facts stated therein in the absenceof fraud.
(c) When a meeting is adjourned to another time or place, unless the bylawsotherwise require, notice need not be given of the adjourned meeting if thetime, place, if any, thereof, and the means of remote communication, if any, bywhich stockholders and proxy holders may be deemed to be present in person andvote at such adjourned meeting are announced at the meeting at which theadjournment is taken. At the adjourned meeting the corporation may transact anybusiness which might have been transacted at the original meeting. If theadjournment is for more than 30 days, or if after the adjournment a new recorddate is fixed for the adjourned meeting, a notice of the adjourned meetingshall be given to each stockholder of record entitled to vote at the meeting.
History: L. 1972, ch. 52, § 65;L. 1988, ch. 99, § 30;Revived and amend., L. 1988, ch. 100, § 30;L. 2004, ch. 143, § 37; Jan. 1, 2005.