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Finally, Delaware’s business combination statute will be amended to clarify the effective time of amendments to a corporation’s certificate of incorporation opting out of the restrictions imposed by the statute.
If approved by the Delaware General Assembly, as it relates to the amendments to the requirements for stockholder consents, the Proposed DGCL Amendments will become effective on or after August 1, 2017, for stockholder action taken by consent having a record date for purposes of determining stockholders entitled to consent on that date.
Section 219(c) of the DGCL currently provides that the stock ledger is the only evidence for determining which stockholders of a corporation are entitled to vote and which stockholders are entitled to examine the list of stockholders entitled to vote at a meeting of the stockholders. ” rather than only by the corporation itself as Section 224 currently contemplates.