Section 409.566 – Unlawful practices, offeree may bring suit, damages, attorney fees.
Effective – 28 Aug 1986 409.566. Unlawful practices, offeree may bring suit, damages, attorney fees. — Any offeree whose equity securities are the subject of a takeover bid and who has been injured by any violation of sections 409.500 to 409.566 may bring an action in his or her own name to enjoin such unlawful […]
Section 409.536 – Attorney general may prosecute, how.
Effective – 28 Aug 1986 409.536. Attorney general may prosecute, how. — The attorney general may prosecute every person charged with the commission of a criminal offense arising from the violation of any provision of sections 409.500 to 409.566. In all such proceedings, the attorney general may appear in person or by his deputy before […]
Section 409.541 – Secretary of state deemed offeror’s agent, when — service of process, how, effective when.
Effective – 28 Aug 1986 409.541. Secretary of state deemed offeror’s agent, when — service of process, how, effective when. — 1. Every nonresident offeror, whether or not such offeror has filed a registration statement, except a foreign corporation which has appointed and keeps a resident agent in this state, shall be deemed to have […]
Section 409.546 – Fraudulent practices not allowed, solicitation of offerees.
Effective – 28 Aug 1986 409.546. Fraudulent practices not allowed, solicitation of offerees. — 1. No person shall make any untrue statement of a material fact or omit to state any material fact necessary in order to make the statements made, in the light of the circumstances under which they are made, not misleading, or […]
Section 409.551 – Exceptions.
Effective – 28 Aug 1986 409.551. Exceptions. — Sections 409.500 to 409.566 shall not apply when: (1) The offeror or the target company is a public utility or a public utility holding company as defined in section 2 of the Public Utility Holding Company Act of 1935, (49 Stat. 803, 15 U.S.C. 79), as amended, […]
Section 409.556 – Construction of statutes.
Effective – 28 Aug 1986 409.556. Construction of statutes. — In the event any provision or application of sections 409.500 to 409.566 is held illegal or invalid for any reason, such holding shall not affect the legality or validity of any other provision or application thereof. ——– (L. 1986 H.B. 1667)
Section 409.561 – Additional requirements, when applicable.
Effective – 28 Aug 1986 409.561. Additional requirements, when applicable. — If the takeover bid is not subject to the requirements of section 14(d) of the Securities Exchange Act of 1934, 15 U.S.C. 78n(d), the following additional requirements shall apply to the takeover bid: (1) The takeover bid shall be made on the same terms […]
Section 409.516 – Registration statement, contents — material changes, notice to commissioner, how.
Effective – 28 Aug 1986 409.516. Registration statement, contents — material changes, notice to commissioner, how. — 1. The registration statement required to be filed pursuant to subsection 1 of section 409.511 shall include: (1) Copies of all prospectuses, brochures, advertisements, circulars, letters, or other matter by means of which the offeror proposes to disclose […]
Section 409.521 – Commissioner may make investigations, seek injunctions, when.
Effective – 28 Aug 1986 409.521. Commissioner may make investigations, seek injunctions, when. — 1. The commissioner of securities may conduct such investigation as he deems necessary concerning any takeover bid for the purpose of determining compliance with the requirements of sections 409.500 to 409.566. As part of such investigation the commissioner of securities may […]
Section 409.526 – Penalties.
Effective – 28 Aug 1986 409.526. Penalties. — 1. Every person who willfully violates any provision of sections 409.500 to 409.566 shall be guilty of a class A misdemeanor. 2. Every person who violates any provision of sections 409.500 to 409.566 shall be subject to a civil penalty of one thousand dollars per violation if […]