Advance Notice and Other Bylaw Provisions – Review Yours Now!

— August 2008
  • What is an advance notice bylaw provision?
  • What’s the urgency to review my company’s advance notice bylaw provision?
  • What if my Company’s advance notice provisions are similar to those in the CNet and Office Depot cases, but the deadline for submitting shareholder proposals and/or director nominations for my company’s next annual meeting has already passed?
  • What if my company’s advance notice bylaw provision is contained in the articles of incorporation, rather than the bylaws?
  • Other than eliminating ambiguities of the type at issue in the CNet and Office Depot cases, is there anything else my company should consider changing in its advance notice provisions or any other bylaw provisions?