21-2449. Acquiring person; deliver information statement; contents; amendment.

277 words·~1 min read·/ne/chapter-21/21-2449

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)An acquiring person may deliver to the issuing public corporation at its principal executive office an information statement which shall contain all of the following:

(a)The identity of the acquiring person and the identity of each affiliate and associate of the acquiring person;

(b)A reference that the information statement is made under the Shareholders Protection Act;

(c)The number and class or series of shares of the issuing public corporation owned, directly or indirectly, prior to the control-share acquisition by each such person;

(d)The number and class or series of shares of the issuing public corporation acquired or proposed to be acquired pursuant to the control-share acquisition by each such person and specification of the following ranges of voting power that the acquiring person in good faith believes would result from consummation of the control-share acquisition:

(i)At least twenty percent but less than thirty-three and one-third percent;

(ii)At least thirty-three and one-third percent but less than or equal to fifty percent; or

(iii)Over fifty percent; and

(e)The terms of the control-share acquisition or proposed control-share acquisition, including such objective facts as would be substantially likely to affect the decision of a shareholder with respect to voting on the control-share acquisition.

(2)If any material change occurs in the facts set forth in the information statement including any material increase or decrease in the number of shares of the issuing public corporation acquired or proposed to be acquired by such person, the acquiring person shall promptly deliver to the issuing public corporation at its principal executive office an amendment to the information statement containing information relating to such material change.