Section 23.67. Solicitations prior to written proxy statements

Solicitations subject to this subchapter may be made prior to furnishing security holders with written proxy information, as described in Subchapter F (relating to required information for Schedules A and B), if the following conditions are met:

(1) The statements required by § 23.66 (relating to public files) shall be filed by or on behalf of each participant in such a solicitation.

(2) No form of proxy shall be furnished to security holders prior to the time the written proxy statement required by § 23.21 (relating to required information prior to solicitations) is furnished to such persons. This paragraph shall not apply if a proxy statement then meeting the requirements of Schedule A has been furnished to security holders.

(3) At least the information specified in § § 23.62 and 23.63 (relating to reports subsequent to solicitation; and opposition solicitation) or an appropriate summary shall be included in each communication sent or given to security holders in connection with the solicitation.

(4) A written proxy statement containing the information specified in Schedule A with respect to a solicitation shall be sent or given to security holders at the earliest practicable date.

Notation

Cross References

This section cited in 31 Pa. Code § 23.46 (relating to definitive copies of soliciting material in the form of public statements).