Rule 120-2-7-.04 - Definitions(1) The definitions and instructions set out in "Stockholder Information Supplement to Annual Statement" as promulgated by the Commissioner, shall be applicable for purposes of this regulation.(2) The terms "solicit" and "solicitation" for purposes of this regulation shall include: (a) Any request for a proxy, whether or not accompanied by or included in a form of proxy; or(b) Any request to execute or note to execute or to revoke, a proxy; or(c) The furnishing of a proxy or other communication to securityholders under circumstances reasonably calculated to result in the procurement, withholding or revocation of a proxy.(3) The terms "solicit" and "solicitation" shall not include:(a) Any solicitation by a person in respect of securities of which he is the beneficial owner;(b) Action by a broker or other person in respect to securities carried in his name or in the name of his nominee in forwarding to the beneficial owner of such security soliciting material received from the company, or impartially instructing such beneficial owner to forward a proxy to the person, if any, to whom the beneficial owner desires to give a proxy, or impartially requesting instructions from the beneficial owner with respect to the authority to be conferred by the proxy and stating that a proxy will be given if the instructions are received by a certain date;(c) The furnishing of a form of proxy to a securityholder upon the unsolicited request of such securityholder, or the performance by any person of ministerial acts on behalf of a person soliciting a proxy.Ga. Comp. R. & Regs. R. 120-2-7-.04
Ga. L. 1960, pp. 289, 305, 1965, pp. 378 to 380.
Original Rule entitled "Definitions" adopted. F. and eff. July 20, 1965.Amended: F. Dec. 3, 1965; eff. Dec. 22, 1965.Submitted for Publishing: Mar. 6, 2007.