As used in this sub-chapter, unless the context indicates otherwise:

(1) "Solicit" and "solicitation" include:

(a) Any request for a proxy, whether or not accompanied by or included in a form of proxy; or

(b) Any request to execute, not execute, or revoke a proxy; or

(c) The furnishing of a proxy or other communication to stockholders under circumstances reasonably calculated to result in the procurement, withholding, or revocation of a proxy.

(2) "Solicit" and "solicitation" do not include:

(a) Any solicitation by a person in respect to stock of which he is the beneficial owner;

(b) Action, by a broker or other person, in respect to stock carried in his name or in the name of his nominee;

(i) Forwarding to the beneficial owner of that stock soliciting material received from the company;

(ii) Impartially instructing such beneficial owner to forward a proxy to any person to whom the beneficial owner desires to give a proxy; or

(iii) Impartially requesting instructions from the beneficial owner with respect to the authority to be conferred by the proxy and stating that a proxy will be given if the instructions are received by a certain date;

(c) The furnishing of a form of proxy to a stockholder upon his unsolicited request, or the performance by any person of ministerial acts on behalf of a person soliciting a proxy.

History: Sec. 33-3-447 MCA; IMP, Sec. 33-3-447 MCA; EMERG, NEW, Eff. 5/5/75.