This excerpt taken from the QSFT DEF 14A filed Jan 15, 2009.
What is the procedure to submit a proposal for consideration at Quests 2009 Annual Meeting of Shareholders?
Shareholders who intend to present proposals at the 2009 Annual Meeting of Shareholders must send such proposals to Quest for receipt no later than December 12, 2008 for such proposals to be considered for inclusion in the Proxy Statement and form of proxy relating to such meeting; provided, however, if our 2009 Annual Meeting of Shareholders is held before April 8, 2009 or after May 7, 2009, then the deadline is a reasonable amount of time prior to the date we begin to print and mail our proxy statement for the 2009 Annual Meeting of Stockholders. Such proposals must also comply with Securities and Exchange Commission regulations under Rule 14a-8 regarding the inclusion of shareholder proposals in company-sponsored proxy materials. Please address any shareholder proposals to our Corporate Secretary at Quest Software, Inc., 5 Polaris Way, Aliso Viejo, CA 92656.
Our current Bylaws also include an advance notice procedure for shareholders who wish to present a proposal before any annual meeting of shareholders. To comply with this advance notice provision, a shareholder must have given timely written notice to our Corporate Secretary not less than 60 nor more than 90 calendar days prior to the anniversary of the date on which Quest first mailed the proxy materials for its immediately preceding annual meeting of shareholders (as specified in the proxy materials for the immediately preceding annual meeting of shareholders). To be timely for our 2009 Annual Meeting of Stockholders, our Corporate Secretary must receive a shareholders notice at our principal executive offices not earlier than January 11, 2009 and not later than February 10, 2009. Our Bylaws following the Reincorporation will contain the same advanced notice provision.
In addition, the proxies solicited by the Board for the 2009 Annual Meeting of Stockholders will confer discretionary authority to vote on any shareholder proposal presented at that meeting, unless the Company is provided with notice of such proposal no later than February 25, 2009.