No solicitation of a proxy shall be made by means of any statement, form of proxy, notice of meeting, or other communication, written or oral, which:
(a) Solicits any undated or postdated proxy;
(b) Solicits any proxy that provides that it shall be deemed to be dated as of any date subsequent to the date on which it is signed by the security holder; or
(c)(1) Contains any statement that is false or misleading with respect to any material fact, or
(2) Omits to state any material fact:
(i) Necessary in order to make the statements therein not false or misleading or
(ii) Necessary to correct any statement in any earlier communication with respect to the solicitation of a proxy for the same meeting or subject matter that has subsequently become false or misleading.
authority: Section 2, 48 Stat. 128, as amended (
12 U.S.C. 1462); section 3, as added by section 301, 103 Stat. 278 (
12 U.S.C. 1462a); section 4, as added by section 301, 103 Stat. 280 (
12 U.S.C. 1463), 5412(b)(2)(B)
source: 76 FR 49129, Aug. 9, 2011, unless otherwise noted.
cite as: 12 CFR 169.4