Section 16-1-13 - Solicitations prior to furnishing required written proxy statement Notwithstanding the provisions of section 16-1-5(a), a solicitation subject to this chapter may be made prior to furnishing stockholders a written proxy statement containing the information specified in the exhibit entitled "Schedule A" at the end of this chapter with respect to such solicitation, provided that:
(1) The statements required by section 16-1-12 are filed by or on behalf of each participant in the solicitation.(2) No form of proxy is furnished to stockholders prior to the time the proxy statement required by section 16-1-5(a) is furnished to such persons: provided that this paragraph shall not apply where a proxy statement then meeting the requirements of the exhibit entitled "Schedule A" at the end of this chapter has been furnished to stockholders.(3) At least the information specified in paragraphs (2) and (3) of the statements required by the exhibit entitled "Schedule B" at the end of this chapter to be filed by each participant, or an appropriate summary thereof, are included in each communication sent or given to stockholders in connection with the solicitation.(4) A written proxy statement containing the information specified in the exhibit entitled "Schedule A" at the end of this chapter with respect to a solicitation is sent or given to stockholders at the earliest practicable date.[Eff 6/22/81] (Auth: HRS § 431:2-201) (Imp: HRS § 431:4-103)