13.1-728.2 - Application.

§ 13.1-728.2. Application.

Unless, at the time of any control share acquisition with respect to a publiccorporation, such corporation's articles of incorporation or bylaws providethat this article does not apply to acquisitions of shares of suchcorporation, shares of such corporation acquired in such control shareacquisition have only such voting rights as are conferred by § 13.1-728.3.Unless by midnight of the fourth day following (i) the receipt by thesecretary of the corporation at the principal office of the corporation, of anotice expressly and specifically describing a proposed control shareacquisition, or (ii) in case the proposed control share acquisition is to bemade by tender offer, a public announcement, the corporation's articles ofincorporation or bylaws provide that this article does not apply, then theprovisions of § 13.1-728.3 shall apply to shares to be acquired in suchcontrol share acquisition.

(1989, c. 14; 1990, c. 252; 2005, c. 765.)