(1) The form of proxy shall:

(a) Indicate in bold-face type whether or not the proxy is solicited on behalf of the management;

(b) Provide a specifically designated blank space for dating the proxy; and

(c) Identify clearly and impartially each matter or group of related matters intended to be acted upon, whether proposed by the management or by stockholders.

(2) No reference need be made to proposals as to which discretionary authority is conferred pursuant to ARM 6.6.1321.

(3) Means shall be provided in the proxy for the person solicited to specify by ballot a choice between approval or disapproval of each matter or group of related matters referred to, other than elections to office. A proxy may confer discretionary authority with respect to matters as to which a choice is not so specified if the form of proxy states in boldface type how the shares or authorization represented by the proxy are voted in each case.

(4) The proxy statement or form of proxy shall provide, subject to reasonable and specified conditions, that the proxy will be voted and that where the person solicited specifies, by means of ballot provided pursuant to subsection (3) of this rule, a choice with respect to any matter to be acted upon, the vote will be in accordance with the specifications so made.

(5) The information included in the proxy statement shall be clearly presented and the statements made shall be divided into groups according to subject matter, with appropriate headings. All printed proxy statements shall be legible.

History: Sec. 33-3-447 MCA; IMP, Sec. 33-3-447 MCA; EMERG, NEW, Eff. 5/5/75.