HAR §16-1-4
HAR §16-1-4. Definitions
Cite as Haw. Code R. § 16-1-4
(a) The terms "solicit" and "solicitation" for purposes
of this chapter shall include:
(1)
Any request for a proxy, whether or not accompanied by or
included in a form of proxy; or
(2)
Any request to execute or not to execute, or to revoke, a proxy; or
(3)
The furnishing of a proxy or other communication to stockholders
under
circumstances
reasonably
calculated
to
result
in
the
procurement, withholding, or revocation of a proxy.
(b)
The terms "solicit" and "solicitation" shall not include:
(1)
Any solicitation by a person in respect to stock of which the person
is the beneficial owner; or
(2)
Action by a broker or other person in respect to stock carried in the
person’s name; or
(3)
Action in the name of the nominee in forwarding to the beneficial
owner of such stock soliciting material received from the company;
or
1-2
(4)
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
(5)
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; or
(6)
The furnishing of a form of proxy to a stockholder upon the
unsolicited request of the stockholder, or the performance by any
person of ministerial acts on behalf of a person soliciting a proxy.
[Eff 6/22/81] (Auth: HRS §431:2-201) (Imp: HRS §431:4-103)