(1) The bylaws may fix or provide the manner of fixing a future date as the record date for one or more voting groups in order to determine the shareholders entitled to be given notice of a shareholders' meeting, to demand a special meeting, to vote, or to take any other action, and if the bylaws do not fix or provide for fixing a record date, the board of directors may fix a future date as the record date; except that the record date for determining the shareholders entitled to take action without a meeting or entitled to be given notice of action so taken shall be determined as provided in section 7-107-104 (4).
(2) A record date fixed under this section shall not be more than seventy days before the meeting or action requiring a determination of shareholders.
(3) A determination of shareholders entitled to be given notice of or to vote at a shareholders' meeting is effective for any adjournment of the meeting unless the board of directors fixes a new record date, which it shall do if the meeting is adjourned to a date more than one hundred twenty days after the date fixed for the original meeting.
(4) If a court orders a meeting adjourned to a date more than one hundred twenty days after the date fixed for the original meeting, it may provide that the original record date continues in effect or it may fix a new record date.
Source: L. 93: Entire article added, p. 768, � 1, effective July 1, 1994.
7-107-108. Remote participation in shareholders' meetings - meetings held solely by remote participation. (1) Shareholders of any class or series of shares may participate in any meeting of shareholders by means of remote communication to the extent the board of directors authorizes participation for that class or series. Participation as a shareholder by means of remote communication is subject to such guidelines and procedures as the board of directors adopts and must be in conformity with subsection (2) of this section.
(2) Shareholders participating in a shareholders' meeting by means of remote communication shall be deemed present and may vote at such a meeting if the corporation has implemented reasonable measures to:
(a) Verify that each person participating remotely as a shareholder is a shareholder; and
(b) Provide the shareholders a reasonable opportunity to participate in the meeting and to vote on matters submitted to the shareholders, including an opportunity to communicate and to read or hear the proceedings of the meeting, substantially concurrently with the proceedings.
(3) Unless the bylaws require the meeting of shareholders to be held at a place, the board of directors may determine that a meeting of shareholders will not be held at any place and instead will be held solely by means of remote communication, but only if the corporation implements the measures specified in subsection (2) of this section.
Source: L. 93: Entire article added, p. 768, � 1, effective July 1, 1994. L. 2021: Entire section R&RE, (HB 21-1124), ch. 41, p. 167, � 13, effective April 19.