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Current as of January 01, 2025 | Updated by Findlaw Staff
(a) Except as otherwise restricted by the articles of incorporation or bylaws of a corporation, any action that may be taken at any annual, regular, or special meeting of members may be taken without a meeting if the corporation delivers a ballot to every member entitled to vote on the matter. The corporation may deliver ballots by electronic transmission.
(b) A ballot shall:
(1) Be either in written form or in the form of an electronic transmission;
(2) Set forth each proposed action;
(3) Provide an opportunity to vote for or withhold a vote for each candidate for election as a director or officer; and
(4) Provide an opportunity to vote for or against each proposed action.
(c) Approval by ballot pursuant to this section shall be valid only if:
(1) The number of votes cast by ballot equals or exceeds the quorum required to be present at a meeting to authorize the action; and
(2) The number of affirmative votes equals or exceeds the number of affirmative votes for approval that would be required to approve the action at a meeting.
(d) All solicitations for votes by ballot shall:
(1) Indicate the number of responses needed to meet the quorum requirements;
(2) State the percentage of approvals necessary to approve each action; and
(3) Specify the time by which a ballot shall be received by the corporation in order to be counted.
(e) Except as otherwise provided in the articles of incorporation or bylaws of the corporation, a ballot shall not be revoked.
Cite this article: FindLaw.com - Hawaii Revised Statutes Division 2. Business § 414D-104.5 - last updated January 01, 2025 | https://codes.findlaw.com/hi/division-2-business/hi-rev-st-sect-414d-104-5/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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