Section 6004. Fixing record date

1.  For the purpose of determining the
  stockholders entitled to  notice  of  or  to  vote  at  any  meeting  of
  stockholders  or  any  adjournment  thereof, or to express consent to or
  dissent from any proposal without a  meeting,  or  for  the  purpose  of
  determining  stockholders entitled to receive payment of any dividend or
  the allotment of any rights, or for the purpose of any other action, the
  by-laws may provide for fixing or, in the absence of such provision, the
  board may fix, in advance, a date  as  the  record  date  for  any  such
  determination  of  stockholders.  Such date shall not be more than fifty
  nor less than ten days before the date of such meeting,  nor  more  than
  fifty days prior to any other action.
    2. If no record date is fixed:
    (a)  The record date for the determination of stockholders entitled to
  notice of or to vote at a meeting of stockholders shall be at the  close
  of  business on the day next preceding the day on which notice is given,
  or, if no notice is given, the day on which the meeting is held.
    (b) The record date for determining stockholders for any purpose other
  than that specified in paragraph (a) shall be at the close  of  business
  on  the  day  on  which  the resolution of the board relating thereto is
  adopted.
    3. When a determination of stockholders of record entitled  to  notice
  of  or  to vote at any meeting of stockholders has been made as provided
  in this section, such  determination  shall  apply  to  any  adjournment
  thereof, unless the board fixes a new record date under this section for
  the adjourned meeting.