§ 23-48-314 - Preemptive rights of stockholders. - Arkansas Statutes

23-48-314. Preemptive rights of stockholders.

(a) Unless otherwise provided by the articles of incorporation, every stockholder, upon the sale for cash of any new stock of the same class as that which he already holds, shall have the right to purchase his pro rata share thereof at a price not exceeding the price at which it may be offered to others, which price may be in excess of par.

(b) (1) Where the articles of incorporation do not prohibit the preemptive rights, the terms and conditions of the rights, and the time limit fixed for the exercise thereof, may be prescribed in the articles of incorporation or, if not so prescribed in the articles of incorporation, then in the bylaws or in the resolution of the board of directors adopted in connection with the stock increase.

(2) Provided, however, that for all state banks chartered after May 30, 1997, there shall be no preemptive rights in stockholders except as specified in the articles of incorporation.