Sort of. After setting the record date, and after the record date has pased, the company mails out the proxies, they have to arrive, they have to give people a week or two to send them back. Usually takes about a month, sometimes less. But companies are actually allowed to set record dates in the *past*.
I am trying to reconcile this with the following quote from the research article published in Journal of Corporate Finance titled "The Market for Shareholder Voting Rights Around Mergers and Acquisitions: Evidence from Institutional Daily Trading and Voting" (free pdf download). It appears that although state laws do not require disclosure of the record date until the date have passed, the Institutional Investors are notified 20 days in advance according to the SEC rules.
"Firms establish record dates, meeting dates, and the contents of proxies and prospectuses according to the laws of the states in which they are incorporated.(7) State law requires firms to disclose this information, but typically not before record dates have passed.(8) Investors therefore are usually not notified directly by firms of meeting information before record dates. Under SEC Rule 14a-13 firms are required to notify broker and bank recordholders at least 20 business days before record dates (or less if impracticable) of this information,(9) but are not required to notify investors. Stock exchange rules require that firms notify the exchanges of record and meeting dates at least ten days before record dates,(10) but again do not require that firms tell shareholders more generally. Thus firms are not required to notify investors of record dates and the contents of proxies and prospectuses until after record dates. In our sample, we find that definitive proxies and prospectuses, which include final dates and specific merger information, were almost never filed before record dates. Institutional investors, however, typically know record dates in advance, because they subscribe to shareholder voting services that gather record and meeting dates from the NYSE and other sources.(11) In contrast, retail investors usually do not subscribe to such services and therefore do not know record dates in advance."
According to the above it appears that although there is no requirement to notify investors about the record date, the 10 days notification is required to the Exchanges, and 20 days notification is required for Brokers and Banks.
Based on the above Institutional investors should have 20 days advance notice of the record date, allowing them to complete recall of shares, as/if desired.
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