0000091767-17-000032.txt : 20170609 0000091767-17-000032.hdr.sgml : 20170609 20170609094137 ACCESSION NUMBER: 0000091767-17-000032 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20170607 ITEM INFORMATION: Amendments to Articles of Incorporation or Bylaws; Change in Fiscal Year ITEM INFORMATION: Financial Statements and Exhibits FILED AS OF DATE: 20170609 DATE AS OF CHANGE: 20170609 FILER: COMPANY DATA: COMPANY CONFORMED NAME: SONOCO PRODUCTS CO CENTRAL INDEX KEY: 0000091767 STANDARD INDUSTRIAL CLASSIFICATION: PAPERBOARD CONTAINERS & BOXES [2650] IRS NUMBER: 570248420 STATE OF INCORPORATION: SC FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-11261 FILM NUMBER: 17901670 BUSINESS ADDRESS: STREET 1: ONE NORTH SECOND ST STREET 2: P O BOX 160 CITY: HARTSVILLE STATE: SC ZIP: 29551-0160 BUSINESS PHONE: 8433837000 MAIL ADDRESS: STREET 1: ONE N. SECOND STREET CITY: HARTSVILLE STATE: SC ZIP: 29550 8-K 1 amendmenttoarticlesofincor.htm 8-K Document



UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
 
 
FORM 8-K

  
CURRENT REPORT
Pursuant to Section 13 or 15(d)
of the Securities Exchange Act of 1934
 
 
Date of Report (Date of earliest event reported): June 7, 2017
  
SONOCO PRODUCTS COMPANY
 
 
Commission File No. 001-11261
 
 
 
 
Incorporated under the laws
 
I.R.S. Employer Identification
of South Carolina
 
No. 57-0248420
1 N. Second St.
Hartsville, South Carolina 29550
Telephone: 843/383-7000
 

Indicate by check mark whether the registrant is an emerging growth company as defined in Rule 405 of the Securities Act of 1933 (§230.405 of this chapter) or Rule 12b-2 of the Securities Exchange Act of 1934 (§240.12b-2 of this chapter).
Emerging growth company    ¨
If an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards pursuant to Section 13(a) of the Exchange Act. ¨
Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:
[ ]
Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
[ ]
Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
[ ]
Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
[ ]
Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))






Section 5 - Corporate Governance and Management

Item 5.03 Amendments to Articles of Incorporation or Bylaws; Change in Fiscal Year
On June 7, 2017, the Registrant filed Articles of Amendment to its Articles of Incorporation with the South Carolina Secretary of State to effect the declassification of its Board of Directors, as approved by shareholders of the Registrant at the Annual Meeting of Shareholders on April 19, 2017. The Articles of Amendment are included as Exhibit 3 to this Current Report on Form 8-K, and provide for the annual election of directors.
Pursuant to the transition provision in the Articles of Amendment, commencing upon filing of the Articles of Amendment with the South Carolina Secretary of State, Directors elected prior to the 2018 Annual Meeting of Shareholders continue to be, and are, divided into three classes, as nearly equal in number as possible, and will hold office for a term expiring at the Annual Meeting of Shareholders held in the third year following the year of their respective elections and until their respective successors are elected and qualified. Directors elected at each Annual Meeting of Shareholders commencing with the Annual Meeting of Shareholders in 2018 will hold office for a term of one year expiring at the next Annual Meeting of Shareholders and until their respective successors are duly elected and qualified.

Section 9 - Financial Statements and Exhibits

Item 9.01 Financial Statements and Exhibits.

(d) Exhibits.

3. Articles of Amendment to Registrant’s Articles of Incorporation, as filed with the South Carolina Secretary of State June 7, 2017










SIGNATURE
Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.
 
 
 
 
 
SONOCO PRODUCTS COMPANY
 
 
 
Date: May 9, 2017
By:
/s/ John M. Florence, Jr.
 
John M. Florence, Jr.
 
Corporate Vice President, General Counsel and Secretary





EXHIBIT INDEX

3.
Articles of Amendment to Registrant's Articles of Incorporation, as filed with the South Carolina Secretary of State June 7, 2017







EX-3 2 ex3-amendmenttoarticlesofi.htm EXHIBIT 3 Exhibit


File ID: 170607-1128278
Filing date: 06/07/2017
EXHIBIT 3

STATE OF SOUTH CAROLINA
SECRETARY OF STATE

ARTICLES OF AMENDMENT


TYPE OR PRINT CLEARLY IN BLACK INK

Pursuant Section 33-10-106 of the 1976 South Carolina Code of Laws, as amended, the undersigned corporation adopts the following Articles of Amendment to its Articles of Incorporation:

1.    The name of the corporation is    Sonoco Products Company         

2.    Date of Incorporation    05/10/1899         

3.
Agent's Name and Address John M. Florence, Jr., 1 North Second Street, Hartsville, South Carolina 29550

4.
On April 19, 2017, the corporation adopted the following Amendment (s) of its Articles of Incorporation: (Type or attach the complete text of each Amendment)
Text of amendment attached as Exhibit A.

5.
The manner, if not set forth in the Amendment, in which any exchange, reclassification, or cancellation of issued shares provided for in the Amendment shall be effected, is as follows: (if not applicable, insert "not applicable" or "NA").

N/A


6.
Complete either “a” or “b”, whichever is applicable.

a. ý    Amendment(s) adopted by shareholder action.
At the date of adoption of the Amendment, the number of outstanding shares of each voting group entitled to vote separately on the Amendment, and the vote of such shares was:


Voting
Group
Number of
Outstanding
Shares
Number of
Votes Entitled
to be Cast
Number of Votes
Represented at
the meeting
Number of Undisputed*
Shares
For or Against
 
 
 
 
 
 
Common Stock
99,377,204
99,377,204
92,126,402
75,268,113
2,666,370


*NOTE: Pursuant to Section 33-10-106(6)(i) of the 1976 South Carolina Code of Laws, as amended, the corporation can alternatively state the total number of disputed shares cast for the amendment by each voting group together with a statement that the number of cast for the amendment by each voting group was sufficient for approval by that voting group.

b. ¨ The Amendment(s) was duly adopted by the incorporators or board of directors without shareholder approval pursuant to Section 33-6-102(d), 33-10-102 and 33-10-105 of the 1976 South Carolina Code of Laws, as amended, and shareholder action was not required.










7.
Unless a delayed dated is specified, the effective date of these Articles of Amendment shall be the date of acceptance for filing by the Secretary of State (See Section 33-1-230(b) of 1976 South Carolina Code of Laws, as amended) Effective upon filing.                     


Date     May 30, 2017                 Sonoco Products Company         
Name of Corporation

s/John M. Florence, Jr.             
Signature

John M. Florence, Jr., Corporate Secretary     
Type or Print Name and Office









FILING INSTRUCTIONS

1.    Two copies of this form, the original and either a duplicate original or a conformed copy, must by filed.

2.
If the space in this form is insufficient, please attach additional sheets containing a reference to the appropriate paragraph in this form.

3.    Filing fees and taxes payable to the Secretary of State at time of filing application.

Filing Fee                    $ 10.00
Filing tax                     100.00
Total                    $110.00

Return to:    Secretary of State
1205 Pendleton Street, Suite 525
Columbia, SC 29201











DOM-ARTICLES OF AMENDMENT.doc                            Form Revised by South Carolina
Secretary of State, September 2010







EXHIBIT 3

EXHIBIT A

TEXT OF AMENDMENT TO
SONOCO PRODUCTS COMPANY ARTICLES OF INCORPORATION

Article 6(a) of the Company’s Articles of Incorporation is deleted in its entirety and replaced with the following language:
(a)    Board of Directors. The number of directors of the Corporation shall be (i) the number fixed from time to time by the Board of Directors which shall not be less than nine, plus (ii) any directors elected exclusively by the holders of Preferred Stock as provided in these articles. Directors shall be elected at each Annual Meeting of Shareholders. Each director so elected shall serve until the next Annual Meeting of Shareholders or until her or his successor is elected and qualifies or until there is a decrease in the number of directors. No person who is not then already a director of the Corporation shall be eligible to be elected as a director at the Annual Meeting of Shareholders unless such person shall have been nominated in writing, with such nomination delivered to the Secretary of the Corporation, not less than one hundred twenty days prior to such Annual Meeting.
Transition Provision. Upon the effective date of this amendment to Article 6(a), Directors elected prior to the 2018 Annual Meeting of Shareholders shall continue to be, and are, divided into three classes, as nearly equal in number as possible, and shall hold office for a term expiring at the Annual Meeting of Shareholders held in the third year following the year of their respective elections and until their respective successors are elected and qualified. Directors elected at each Annual Meeting of Shareholders commencing with the Annual Meeting of Shareholders in 2018 shall hold office for a term of one year expiring at the next Annual Meeting of Shareholders and until their respective successors are duly elected and qualified.
Effective Date of Amendment. This amendment shall become effective on the date that Articles of Amendment are filed with the Secretary of State of South Carolina.




DM: 5000823 v.1