Confusion at its best from Voting Rights of the commons:
I wrote this article September 10, 2009 (Post 28981) and there seems to be some confusion here since these documents are contradicting one another and they are both from June 30, 2009. DM, this is for you my friend. All of the I's and T's need to be dotted and crossed when documents like these are released. Please fix it and let us know which is which. I am a believer of your mission and your vision. Thank you and GO EVFL/EVLN and Companies...
Under common stocks from my article, is says "(iii) Voting. Except as may otherwise be required by law and subject to the rights of the holders of Preferred Stock fixed in or pursuant to paragraph (c) of this Article Fourth, each holder of Common Stock shall have one vote for each share of Common Stock held by such holder on each matter submitted to a vote of the stockholders."
Under The recent article posted here (Posr 34780) states, "B. Common or Preferred Stock. 1. For common equity, describe any dividend, voting and preemption rights. None 2. For preferred stock, describe the dividend, voting, conversion and liquidation rights as well as redemption or sinking fund provisions."
Post 34780
read part B "share structure" of the initial company and disclosure statement for the period ending June 30, 2009
-each holder of outstanding shares of Series A Preferred Stock shall be entitled to cast fifty votes for each share of Series A Preferred Stock held
-holders of the Series B Preferred Stock have no voting rights
-each holder of outstanding shares of Series C Preferred Stock shall be entitled to cast one hundred million votes for each share of Series C Preferred Stock held
-series A stock holders must approve any changes to the company's corporate structure
"Holders of the Series A Preferred Stock must approve by a majority vote of the shares held by such Holders any material changes to the Company’s corporate structure, including amendments to its Certificate of Incorporation, dissolution, issuances of Preferred A Stock, and changes to the number of Directors."
Post 28981
We can always wait until November for the annual meeting or we can request a special meeting if we have enough votes.
From Pinksheets: Notice of Incorporation of Evolution Fuels.
Section 1.1. Annual Meetings. If required by applicable law, an annual meeting of the holders of Common Stock shall be held each year during the month of November or such other month as may be designated by the board of directors (the “Board of Directors”) on such date and at such time and place, if any, either within or outside the State of Delaware, as may be designated by the Board of Directors from time to time. At such meeting, the holders of the Common Stock shall elect the Board of Directors and shall transact such other business as may be brought properly before the meeting. Holders of non-voting stock may be invited, and to the extent there is a matter on which such holders are entitled to vote, such holders shall be invited to attend the annual meeting, but shall not vote except with respect to matters on which their vote is required by the General Corporation Law of the State of Delaware, as it may be amended (the “DGCL”) or the certificate of incorporation of the Corporation, as it may be amended (the “Certificate of Incorporation”).
Section 1.2. Special Meetings. 1.2.1. Special meetings of stockholders entitled to vote at such meeting may be called at any time by the Chairman of the Board of Directors, the President (if he is also a member of the Board of Directors) or the Board of Directors, to be held at such date, time and place, if any, either within or outside the State of Delaware as may be determined by such person or persons calling the meeting and stated in the notice of the meeting. A special meeting shall be called by the President or the Secretary upon one or more written demands (which shall state the purpose or purposes therefore) signed and dated by the holders of shares representing not less than ten percent of all votes entitled to be cast on any issue(s) that may be properly proposed to be considered at the special meeting. If no place is designated in the notice, the place of the meeting shall be the principal office of the Corporation.
Section 1.7. Inspectors. Prior to any meeting of stockholders, the Board of Directors may, and shall if required by law, appoint one or more inspectors to act at such meeting and make a written report thereof and may designate one or more persons as alternate inspectors to replace any inspector who fails to act. If no inspector or alternate is able to act at the meeting of stockholders, the person presiding at the meeting may, and shall if required by law, appoint one or more inspectors to act at the meeting. The inspectors need not be stockholders of the Corporation, and any director or officer of the Corporation may be an inspector on any matter other than a vote for or against such director’s or officer’s election to any position with the Corporation or on any other matter in which such officer or director may be directly interested. Each inspector, before entering upon the discharge of his or her duties, shall take and sign an oath faithfully to execute the duties of inspector with strict impartiality and according to the best of his or her ability. The inspectors shall ascertain the number of shares outstanding and the voting power of each, determine the shares represented at the meeting and the validity of proxies and ballots, count all votes and ballots, determine and retain for a reasonable period a record of the disposition of any challenges made to any determination by the inspectors and certify their determination of the number of shares represented at the meeting and their count of all votes and ballots. The inspectors may appoint or retain other persons to assist them in the performance of their duties. The date and time of the opening and closing of the polls for each matter upon which the stockholders will vote at a meeting shall be announced at the meeting. No ballot, proxy or vote, nor any revocation thereof or change thereto, shall be accepted by the inspectors after the closing of the polls. In determining the validity and counting of proxies and ballots cast at any meeting of stockholders of the Corporation, the inspectors may consider such information as is permitted by applicable law.