§ 55-9A-02. Acquiring person statement. - North Carolina Statutes

§55‑9A‑02.  Acquiring person statement.

Any person who has made acontrol share acquisition or who has made a bona fide written offer to make acontrol share acquisition may at the person's election deliver an acquiringperson statement to the covered corporation at the covered corporation'sprincipal office.  The acquiring person statement must set forth all of thefollowing:

(1)        The identity of theacquiring person and each other beneficial owner of shares that arebeneficially owned by the acquiring person.

(2)        A statement that theacquiring person statement is given pursuant to this Article.

(3)        The number of sharesof the covered corporation beneficially owned by the acquiring person and eachother beneficial owner named under subdivision (1) of this section.

(4)        The level of votingpower above which the control share acquisition falls or would, if consummated,fall.

(5)        If the control shareacquisition has not taken place:

a.         A description inreasonable detail of the terms of the proposed control share acquisition; and

b.         Representations ofthe acquiring person, together with a statement in reasonable detail of thefacts upon which they are based, that the proposed control share acquisition,if consummated, will not be contrary to law, and that the acquiring person hasthe financial capacity to make the proposed control share acquisition. (1987,c. 182, s. 1; 1989, c. 200, s. 1, c. 265, s. 1.)