MHHS · Business Corporations Act
Part 12 — Proxies
150 Soliciting proxies
(a) in the case of solicitation by or on behalf of the managem ent
of a corporation, a management proxy circular in the form
required by the Registrar, either as an appendix to or as a
RSA 2000
separate document accompanying the notice of the meeting,
or
(b) in the case of any other solicitation, a dissident's proxy
circular in the form required by the Registrar stating the
purposes of the solicitation
is sent to the auditor of the corporation, to each shareholder whose
proxy is solicited and, if clause (b) applies, to the corporation.
(2) Subsection (1) does not apply to a corporation that has 15 or
fewer shareholders entitled to vote at meetings of shareholders.
(3) A person required to send a management proxy circular or
dissident's proxy circular under subsection (1) shall, if the
corporation is a reporting issuer, file concurrently a copy of it with
the Executive Director, together with a copy of the notice of the
meeting, form of proxy and any other documents for use in
connection with the meeting.
(4) A person who contravenes subsection (1) or (3) is guilty of an
offence and liable to a fine of not more than $5000 or to
imprisonment for a term of not more than 6 months or to both.
(5) If the person who contravenes subsection (3) is a body
corporate, then, whether or not the body corporate has been
prosecuted or convicted in respect of that contravention, any
director or officer of the body corporate who knowingly authorizes,
permits or acquiesces in the contravention is also guilty of an
offence and liable to a fine of not more than $5000 or to
imprisonment for a term of not more than 6 months or to both.
RSA 2000 cB-9 s150;2021 c18 s38