12 Del. C. § 3888: Disclosure of control beneficial interest acquisitions and related information.

(a) A holder of beneficial interests shall disclose in writing to the statutory trust any control beneficial interest acquisition within 10 days of such control beneficial interest acquisition. A statutory trust may require a holder of beneficial interests or an associate of such person to disclose in writing the number of beneficial interests owned or with respect to which such person or an associate thereof has the direct or indirect power to exercise voting power.

(b) A holder of beneficial interests or an associate of a holder of beneficial interests shall provide in writing to the statutory trust within 10 days of receiving a request therefor from the statutory trust any information that the trustees reasonably believe is necessary or desirable to determine any of the following:

(1) Whether a control beneficial interest acquisition has occurred.

(2) Whether any beneficial interests are control beneficial interests.

(3) Whether and how many beneficial interests may have been voted in violation of this subchapter including whether and how many control beneficial interests may have been voted on any matter in violation of this subchapter.

(c) All information required to be provided under this section to the statutory trust shall be provided to the statutory trust at its principal place of business or as otherwise directed by the statutory trust.

(d) The statutory trust may adopt any procedures that the trustees reasonably believe are necessary or desirable to determine whether and how many control beneficial interests held by a holder or its associates and any other beneficial interests held by such holder or its associates will be or have been voted in violation of this subchapter on a matter submitted for a vote of holders of beneficial interests.

(1) The procedures may include presumptions about whether and how a holder of beneficial interests or its associates will vote or has voted some or all of its beneficial interests on any matter in violation of this subchapter.

(2) The statutory trust’s proxy statement or other proxy materials shall include a description of each procedure and presumption to be applied with respect to voting at the meeting.

(3) Beneficial interests shall be deemed to have been voted in a manner consistent with any presumption included in a procedure adopted in accordance with this subsection, except to the extent the holder of such beneficial interests, within 5 days, or such longer period of time as the trustees may determine, of the conclusion of voting on a matter, presents proof to the statutory trust that is reasonably satisfactory to the trustees that the holder acted in a manner different from the presumption.