Notwithstanding the provisions of

ARM 6.6.1304(1) , a solicitation subject to this sub-chapter may be made prior to furnishing stockholders a written proxy statement containing the information specified in sub-chapter 13 with respect to the solicitation, provided that:

1. (1) The statements required by ARM 6.6.1403 are filed by

   or on behalf of each participant in the solicitation;

2. (2) No form or proxy is furnished to stockholders prior

   to the time the written proxy statement required by ARM 6.6.1304 (1) is furnished to such persons. However, this requirement does not apply where a proxy statement meeting the requirements of sub-chapter 13 has been furnished to stockholders;

3. (3) At least the information required by ARM 6.6.1403(2)

   to be filed by each participant, or any appropriate summary is

   included in each communication sent or given to stockholders in connection with the solicitation;

4. (4) A written proxy statement containing the information

   specified in sub-chapter 13 with respect to a solicitation is

   sent or given stockholders at the earliest practicable date.

Authorizing statute(s): Sec. 33-3-447 MCA

Implementing statute(s): Sec. 33-3-447 MCA

History: EMERG, NEW, Eff. 5/5/75.