Question

To qualify for confidential treatment, a preliminary proxy filing must fulfill which of the following requirements?

I. Shareholders must vote to make the proxy confidential
II. Public communications must not have been made, other than a basic announcement
III. Shareholders must vote in public
IV. It must not be a "going private" or rollup transaction

Answer 1

To qualify for confidential treatment, a preliminary proxy filing must not have any public communications other than a basic announcement and must not be a "going private" or rollup transaction.

Step-by-step explanation:

A preliminary proxy filing must fulfill the following requirements to qualify for confidential treatment:

1. Public communications must not have been made, other than a basic announcement. This means that no other public statements or disclosures about the proxy filing can have been made.
2. It must not be a "going private" or rollup transaction. This means that the proxy filing cannot be related to a transaction where a company is converting from a publicly traded company to a privately held one or where there is consolidation of several companies into one.