Hawaii § 414D-104.5 - Action by ballot.
Full text of Hawaii Hawaii Revised Statutes § 414D-104.5 — Action by ballot., with citation guidance and answers to common questions.
§ 414D-104.5. Action by ballot.
(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. [L 2011, c 37, §2; am L 2012, c 58, §8] Previous Vol08_Ch0401-0429 Next
Frequently Asked Questions About Hawaii § 414D-104.5
What does Hawaii Revised Statutes § 414D-104.5 cover?
Section 414D-104.5 ("Action by ballot.") is part of the Hawaii Revised Statutes, the codified statutory law of Hawaii. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Hawaii § 414D-104.5?
A common citation format is "Hawaii Revised Statutes § 414D-104.5" (Hawaii). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Hawaii law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Hawaii official source linked on this page or consult a licensed Hawaii attorney.
How does Hawaii § 414D-104.5 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Hawaii can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Hawaii.