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47 U.S.C. § 212Interlocking directorates; officials dealing in securities

submitted 92 years ago by ch. 652 to r/title-47-TELECOMMUNICATIONS · 225 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law limits one person from leading multiple regulated carriers at once. You need Commission approval to lead more than one carrier, unless common ownership already links them. Officers and directors also cannot personally profit from a carrier's securities deals or dividend decisions.

This section is a single, undivided rule with two parts. First, it is unlawful for anyone to hold the position of officer or director of more than one carrier subject to this chapter, unless the Commission has authorized it. To get that authorization, the person must show, in the form and manner the Commission requires, that holding both positions will not harm public or private interests. The Commission may also let someone hold such positions in more than one carrier without meeting that showing requirement, if the Commission finds that one carrier directly or indirectly owns more than 50% of the stock of the other carrier or carriers, or that 50% or more of the stock of all the carriers involved is directly or indirectly owned by the same person. Second, once this section takes effect, no officer or director of a carrier subject to this chapter may receive, for their own benefit, directly or indirectly, any money or thing of value connected to negotiating, hypothecating (pledging), or selling securities that carrier has issued or plans to issue. They also may not share in the proceeds of such a deal, or take part in making or paying that carrier's dividends out of any funds that are properly part of its capital account.
the actual law source: uscode.house.gov ↗public domain

It shall be unlawful for any person to hold the position of officer or director of more than one carrier subject to this chapter, unless such holding shall have been authorized by order of the Commission, upon due showing in form and manner prescribed by the Commission, that neither public nor private interests will be adversely affected thereby: Provided, That the Commission may authorize persons to hold the position of officer or director in more than one such carrier, without regard to the requirements of this section, where it has found that one of the two or more carriers directly or indirectly owns more than 50 per centum of the stock of the other or others, or that 50 per centum or more of the stock of all such carriers is directly or indirectly owned by the same person. After this section takes effect it shall be unlawful for any officer or director of any carrier subject to this chapter to receive for his own benefit directly or indirectly, any money or thing of value in respect of negotiation, hypothecation, or sale of any securities issued or to be issued by such carrier, or to share in any of the proceeds thereof, or to participate in the making or paying of any dividends of such carriers from any funds properly included in capital account.

Source credit: (June 19, 1934, ch. 652, title II, § 212, 48 Stat. 1074; Aug. 2, 1956, ch. 874, § 1, 70 Stat. 931; Pub. L. 103–414, title III, § 304(a)(2), Oct. 25, 1994, 108 Stat. 4296.)

history & why it existsrecord from the source credit
  • 1934Enacted · Act of June 19, 1934, ch. 652 · 48 Stat. 1074
  • 1956Amended · Act of Aug. 2, 1956, ch. 874 · 70 Stat. 931
  • 1994Amended · Pub. L. 103-414 · 108 Stat. 4296

A history note hasn’t been published yet. The record shows enactment by ch. 652 on 1934-06-19.

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