Sec. 33-709. Quorum and voting requirements for voting groups.
Sec. 33-709. Quorum and voting requirements for voting groups. (a) Shares
entitled to vote as a separate voting group may take action on a matter at a meeting only
if a quorum of those shares exists with respect to that matter. Unless the certificate of
incorporation or sections 33-600 to 33-998, inclusive, provide otherwise, a majority of
the votes entitled to be cast on the matter by the voting group constitutes a quorum of
that voting group for action on that matter.
(b) Once a share is represented for any purpose at a meeting, it is deemed present
for quorum purposes for the remainder of the meeting and for any adjournment of that
meeting unless a new record date is or must be set for that adjourned meeting.
(c) If a quorum exists, action on a matter, other than the election of directors, by a
voting group is approved if the votes cast within the voting group favoring the action
exceed the votes cast opposing the action, unless the certificate of incorporation or
sections 33-600 to 33-998, inclusive, require a greater number of affirmative votes.
(d) An amendment of the certificate of incorporation adding, changing or deleting
a quorum or voting requirement for a voting group greater than specified in subsection
(a) or (c) of this section is governed by section 33-711.
(e) The election of directors is governed by section 33-712.
(P.A. 94-186, S. 68, 215; P.A. 96-271, S. 54, 254.)
History: P.A. 94-186 effective January 1, 1997; P.A. 96-271 replaced "articles" of incorporation with "certificate" of
incorporation where appearing, effective January 1, 1997.