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The court suggested that there were two potential problems with the way the consents in question were dated: First, that each signature was not individually dated.
(The court stated that “The defendants do not dispute that the signers did not individually date their Consents.”) And second, that the one date that was on the consent was pre-printed.
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The defendants argued that because there was no question that the consents had been delivered within the 60-day period, the question of how the consents were dated was of no significance. It noted that under section 228(c), in order for a consent to be valid, a consent has to bear the date of signature of each shareholder.
The court also noted that whereas in this case it might be possible to determine, by examining extraneous factors, whether the consents had been delivered within the 60-day limit, that would not always be the case, so the date requirement must be strictly enforced.
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, GOP ask Rex Tillerson to probe US funding of Soros groups abroad!