§ 2-205. Preemptive rights  


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  •    (a) Corporations incorporated on or after October 1, 1995. -- For a corporation incorporated on or after October 1, 1995, unless the charter expressly grants such rights to the stockholder, a stockholder does not have any preemptive right to subscribe to:

       (1) Any additional issue of stock; or

       (2) Any security convertible into an additional issue of stock.

    (b) Corporations incorporated before October 1, 1995. -- For a corporation incorporated before October 1, 1995, a stockholder shall have preemptive rights as and to the extent in existence before October 1, 1995, unless and until expressly changed or terminated by charter amendment.

    (c) Waiver. --

       (1) A stockholder to whom a preemptive right has been granted may waive the preemptive right.

       (2) A written waiver of a preemptive right is irrevocable even though it is not supported by consideration.


HISTORY: An. Code 1957, art. 23, § 30; 1975, ch. 311, § 2; 1995, ch. 449; 2008, ch. 292.