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15 U.S.C. § 148Payment of stock in real or personal property

submitted 104 years ago by ch. 346 to r/title-15-COMMERCE-AND-TRADE · 135 words · no verdicts yet

in plain englishAI-generated · not legal advice

A China Trade Act corporation may pay for stock with property instead of cash. That only counts under sections 147 and 144(d) if two steps happen first. The company must file a certificate valuing the property and pay a review fee, and the Secretary or registrar must certify the value isn't above fair market value.

This section is a single, undivided rule about China Trade Act corporations — companies formed under that law. Normally, a company might let someone pay for its stock with real property (like land) or personal property (like equipment) instead of cash. This section says that kind of payment does not count for two specific legal purposes: section 147 of this title, and subdivision (d) of section 144 of this title. It won't count for those purposes unless two things happen first. First, the corporation must file a certificate. The certificate has to describe the property and state the value the corporation is assigning to it. The corporation files it with the Secretary or the registrar, following whatever process is set by regulation, and pays a fee that covers the cost of investigating the claim. Second, the Secretary or the registrar must review the property and certify to the corporation that its stated value is not more than the property's fair market value. Only once both of these steps are done does the property payment count for purposes of sections 147 and 144(d).
the actual law source: uscode.house.gov ↗public domain

No share of stock of a China Trade Act corporation shall, for the purposes of section 147 of this title or of subdivision (d) of section 144 of this title, be held paid in real or personal property unless (1) a certificate describing the property and stating the value at which it is to be received has been filed by the corporation with the Secretary or the registrar in such manner as shall be by regulation prescribed, and a fee to be fixed by the Secretary or the registrar, respectively, to cover the cost of any necessary investigation has been paid, and (2) the Secretary or the registrar, as the case may be, finds and has certified to the corporation that such value is not more than the fair market value of the property.

Source credit: (Sept. 19, 1922, ch. 346, § 8, 42 Stat. 851.)

history & why it existsrecord from the source credit
  • 1922Enacted · Act of Sept. 19, 1922, ch. 346 · 42 Stat. 851

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

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