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Thursday, June 29, 2017 2:53:00 AM
Here is interpretation of Delaware Law on shareholder votes:
If one reads the Delaware General Corporation Law trying to determine if shareholder approval is required for a reverse or forward stock split, it is not easy to find the answer, since it is not directly addressed. However, all have generally interpreted the law to require reverse stock splits, where outstanding shares are combined to a smaller number, require such approval. If you are public and SEC reporting, this means a full proxy or information statement which is subject to SEC review, delay and cost, but usually is pretty straightforward.
One for the Lawyers: Forward Split in Delaware Requires Shareholder Approval
Since this requires preliminary proxy & definitive proxy, there is a 14+ day delay between the two.
Nasdaq also requires at least 15 day notice before a company intends to execute a RS.
continued listing guide
As of today (6/29/2017) there is exactly 32 days remaining to:
1. SEC to approve a PRE 14a
2. DEF 14A announcing vote date (14+ days after PRE 14a)
3. Vote
4. Compile Vote
5. Notify Nasdaq of effective date of RS (15+days beforehand)
6. Execute Reverse Split
CL provided the following examples:
DYNT
10.30.2012 - Shareholder Meeting Proxy to vote for R/S on Dec 17, 2012
www.sec.gov/Archives/edgar/data/720875/000109690612002606/dynatronicsdef14a.htm
12.18.2012 - 8-K Filed to update investors the result of R/S voting & the effective date of the R/S will be on or about December 19, 2012.
www.sec.gov/Archives/edgar/data/720875/000109690612003026/dynatronics8k.htm
* Proxy date to voting date = 49 calendar days.
* Voting date to Result date = 1 calendar days.
* Result date to Official R/S date = 1 calendar days.
* Proxy date to Official R/S date = 51 calendar days.
RNN
02.24.2017 - Shareholder Meeting Proxy to vote for R/S on April 11, 2017
www.sec.gov/Archives/edgar/data/1228627/000114036117009142/formdef14a.htm
04.13.2017 - 8-K Filed to update investors the result of R/S voting
www.sec.gov/Archives/edgar/data/1228627/000114036117015797/form8k.htm
04.13.2017 - EXHIBIT 99.1 to announce the effect date of the official R/S date is May 05, 2015
www.sec.gov/Archives/edgar/data/1228627/000114036117015797/ex99_1.htm
Conclusion:
* Proxy date to voting date = 47 calendar days.
* Voting date to Result date = 2 calendar days.
* Result date to Official R/S date = 23 calendar days.
* Proxy date to Official R/S date = 72 calendar days.
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