§ 10-35-16 — Requirements for convening shareholder meetings

North Dakota § 10-35-16

• Jurisdiction: North Dakota
• Title 10: Corporations
• Ch. 10-35: Publicly Traded Corporations

Text

1. If the articles or bylaws of a publicly traded corporation have a provision for advance
notice authorized by section 10-35-07 or 10-35-14, a regular meeting of shareholders
of the corporation may not be convened unless the corporation has announced the
date of the meeting in the body of a public filing, and not solely in an exhibit or
attachment to a filing, regardless of whether the exhibit or attachment has been
incorporated by reference into the body of the filing, with the commission under the
Exchange Act at least twenty-five days before the deadline in the articles or bylaws for
a shareholder to give the advance notice.
2. If a proxy is given authority by a shareholder of a publicly traded corporation to vote on
less than all items of business considered at a meeting of shareholders, the
shareholder is considered to be present and entitled to vote by the proxy on all items
of business to be considered at the meeting for purposes of determining the existence
of a quorum under section 10-19.1-76. A proxy who is given authority by a shareholder
who abstains with respect to an item of business is considered to have authority to
vote on the item of business for purposes of this subsection.