Section 6005. Notice of meetings of stockholders  


Latest version.
  • 1. Whenever under the
      provisions of this chapter stockholders are  required  or  permitted  to
      take any action at a meeting, written notice shall state the place, date
      and  hour  of  the meeting and unless it is the annual meeting, indicate
      that it is being issued by or at the direction of the person or  persons
      calling  the  meeting.  Notice of a special meeting shall also state the
      purpose or purposes for which the meeting is called. If, at any meeting,
      action  is  proposed  to  be  taken  which  would,  if  taken,   entitle
      stockholders   fulfilling  the  requirements  of  section  six  thousand
      twenty-two to receive payment for  their  shares,  the  notice  of  such
      meeting  shall include a statement of that purpose and to that effect. A
      copy of the notice of any meeting shall be given, personally or by mail,
      not less than ten nor more than  fifty  days  before  the  date  of  the
      meeting,  to  each  stockholder  entitled  to  vote  at such meeting. If
      mailed, such notice is given when deposited in the United  States  mail,
      with postage thereon prepaid, directed to the stockholder at his address
      as  it appears on the record of stockholders, or, if he shall have filed
      with the secretary of the corporation a written request that notices  to
      him  be mailed to some other address, then directed to him at such other
      address. An affidavit of the  secretary  or  other  persons  giving  the
      notice  or  of  the  transfer  agent  of the corporation that the notice
      required by this section has been given shall, in the absence of  fraud,
      be prima facie evidence of the facts therein stated.
        2.  When a meeting is adjourned to another time or place, it shall not
      be necessary, unless the by-laws require otherwise, to give  any  notice
      of  the  adjourned meeting if the time and place to which the meeting is
      adjourned are announced at the  meeting  at  which  the  adjournment  is
      taken,  and at the adjourned meeting any business may be transacted that
      might have  been  transacted  on  the  original  date  of  the  meeting.
      However,  if after the adjournment the board fixes a new record date for
      the adjourned meeting, a notice of the adjourned meeting shall be  given
      to  each stockholder of record on the new record date entitled to notice
      under subdivision one.
        3. To the extent that any provision of this section conflicts with any
      other provision of this chapter relating to a notice  of  a  meeting  of
      stockholders, the latter shall prevail.