N.J. Admin. Code § 11:2-5.7 - Material required to be filed
(a) Two
preliminary copies of the proxy statement and form of proxy and any other
soliciting material to be furnished concurrently to stockholders shall be filed
with the Commissioner at least ten days prior to the date definitive copies of
such materials are first sent or given to stockholders, of such shorter period
prior to that date as the Commissioner may authorize upon a showing of good
cause.
(b) Two preliminary copies
of any additional soliciting material relating to the same meeting or subject
matter to be furnished to stockholders subsequent to the proxy statements shall
be filed with the Commissioner at least two days, exclusive of Saturdays,
Sundays or holidays, prior to the date copies of this material are first sent
or given to stockholders, or a shorter period prior to such date as the
Commissioner may authorize upon a showing of good cause.
(c) Two definitive copies of the proxy
statement, form of proxy and all other soliciting material, in the form in
which this material is furnished to stockholders, shall be filed with, or
mailed for filing to, the Commissioner not later than the date such material is
first sent or given to the stockholders.
(d) Where any proxy statement, form of proxy
or other material filed pursuant to this subchapter is amended or revised, two
of the copies shall be marked to clearly show such changes.
(e) Copies of replies to inquiries from
stockholders requesting further information and copies of communications which
do no more than request that forms of proxy theretofore solicited be signed and
returned need not be filed pursuant to this section.
(f) Notwithstanding the provisions of (a) and
(b) above, and of
11:2-5.1 0(k), copies of
soliciting material in the form of speeches, press releases and radio or
television scripts may, but need not, be filed with the Commissioner prior to
use or publication. Definitive copies, however, shall be filed with or mailed
for filing to the Commissioner as required by (c) above not later than the date
such material is used or published. The provisions of (a) and (b) above and
11:2-5.1 0(k) shall apply,
however, to any reprints or reproductions of all or any part of such
material.
Notes
See: 27 New Jersey Register 3278(b), 28 New Jersey Register 152(b).
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