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15 U.S.C. § 147Stock; issuance at par value

submitted 104 years ago by ch. 346 to r/title-15-COMMERCE-AND-TRADE · 147 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law requires every share of stock in a China Trade Act corporation to be issued at no less than its par value, paid in cash or approved property. No share can be issued before its par value is fully paid. A shareholder who gets a share issued in violation of this rule can be sued by creditors for the shortfall.

This section covers stock issued by a China Trade Act corporation, whether it is the original stock issue or a later one. Every share must be issued at "not less than par value" — meaning the price cannot be lower than the share's stated value. Payment must be made in cash, or, following section 148 of this title, in real or personal property placed in the directors' custody. No share can be issued until the full amount of its par value has been paid to the corporation. Once properly issued, each share is "full paid and nonassessable" — meaning the shareholder owes nothing more on it and cannot be charged extra later. However, if a share is issued in violation of this rule — without its par value being fully paid — the shareholder who holds it can be held liable in lawsuits brought by the corporation's creditors. That shareholder must pay the difference between what they actually paid for the share and its full par value.
the actual law source: uscode.house.gov ↗public domain

Each share of the original or any subsequent issue of stock of a China Trade Act corporation shall be issued at not less than par value, and shall be paid for in cash, or in accordance with the provisions of section 148 of this title, in real or personal property which has been placed in the custody of the directors. No such share shall be issued until the amount of the par value thereof has been paid the corporation; and when issued, each share shall be held to be full paid and nonassessable; except that if any share is, in violation of this section, issued without the amount of the par value thereof having been paid to the corporation, the holder of such share shall be liable in suits by creditors for the difference between the amount paid for such share and the par value thereof.

Source credit: (Sept. 19, 1922, ch. 346, § 7, 42 Stat. 851; Feb. 26, 1925, ch. 345, § 7, 43 Stat. 996.)

history & why it existsrecord from the source credit
  • 1922Enacted · Act of Sept. 19, 1922, ch. 346 · 42 Stat. 851
  • 1925Amended · Act of Feb. 26, 1925, ch. 345 · 43 Stat. 996

A history note hasn’t been published yet. The record shows enactment by ch. 346 on 1922-09-19.

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