(a) The certificate of incorporation or the specific provisions of a
by-law adopted by the shareholders may provide that the directors be
divided into either two, three or four classes. All classes shall be as
nearly equal in number as possible. The terms of office of the
directors initially classified shall be as follows: that of the first
class shall expire at the next annual meeting of shareholders, the
second class at the second succeeding annual meeting, the third class,
if any, at the third succeeding annual meeting, and the fourth class, if
any, at the fourth succeeding annual meeting.
(b) At each annual meeting after such initial classification,
directors to replace those whose terms expire at such annual meeting
shall be elected to hold office until the second succeeding annual
meeting if there are two classes, the third succeeding annual meeting if
there are three classes, or the fourth succeeding annual meeting if
there are four classes.
(c) If directors are classified and the number of directors is
thereafter changed:
(1) Any newly created directorships or any decrease in directorships
shall be so apportioned among the classes as to make all classes as
nearly equal in number as possible.
(2) When the number of directors is increased by the board and any
newly created directorships are filled by the board, there shall be no
classification of the additional directors until the next annual meeting
of shareholders.
Structure New York Laws
Article 7 - Directors and Officers
703 - Election and Term of Directors.
704 - Classification of Directors.
705 - Newly Created Directorships and Vacancies.
709 - Greater Requirement as to Quorum and Vote of Directors.
710 - Place and Time of Meetings of the Board.
711 - Notice of Meetings of the Board.
712 - Executive Committee and Other Committees.
718 - List of Directors and Officers.
719 - Liability of Directors in Certain Cases.
720 - Action Against Directors and Officers for Misconduct.
721 - Nonexclusivity of Statutory Provisions for Indemnification of Directors and Officers.
722 - Authorization for Indemnification of Directors and Officers.
723 - Payment of Indemnification Other Than by Court Award.
724 - Indemnification of Directors and Officers by a Court.
725 - Other Provisions Affecting Indemnification of Directors and Officers.
726 - Insurance for Indemnification of Directors and Officers.