In response to the threat of a shareholder ambush of director nominations at a shareholder meeting, many Canadian companies have adopted advance notice provisions (ANPs). ANPs require that shareholders inform a company by a certain deadline if they wish to nominate directors to the board. For annual shareholder meetings, this deadline is typically no less … Continue reading
According to a recent Delaware Supreme Court decision, advance notice bylaws are to be interpreted by “their commonly accepted meaning unless the context clearly requires a different one or unless legal phrases having a special meaning are used.”[1] The plain meaning of “date” means “the actual date of the meeting, not a possible future date” … Continue reading