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1857, Ch. 456-Assessment of taxes on corporations

200

SECS. I and 2, respectively, repeal and amend portions of Revised Statutes. 3. Capital stock and surplus, how assessed.

4. Accumulations in life insurance companies held for exclusive
benefit of assured, not liable.

5. Amends a section of Revised Statutes.
6. Sequestration of property.

1880, Ch. 542 - Taxes upon certain corporations, etc.....

..........

201

SEC. 1. President or treasurer to make annual report to comptroller; in case dividend has not been declared, capital stock to be estimated and appraised; certificate to be sent to comptroller; appeals.

2. Comptroller to add ten per cent in case of failure to make report, etc.

3. Annual tax; amount.

4. When payable.

5. Officers of fire and marine insurance companies to report
annually amount of premiums, etc.; ten per cent to be added
in case of neglect to report.

6-7. (Relate to tax on railroad and transportation companies.)
8. Corporations, etc., exempt from taxation for State purposes,
except on their real estate.

9. Taxes, how to be applied.

10. Taxes heretofore imposed to be enforced.

II. If dissatisfied with report, comptroller may fix amount; appeal. 12. Proceedings by comptroller in case of refusal to make report. 13. Comptroller may issue subpoenas and examine witnesses.

ARTICLE III.— MONEYED CORPORATIONS.

1828, R. S., Part I, Ch. XVIII, Title II — Of moneyed corporations...

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(Art. 1.) REGULATIONS TO PREVENT THE INSOLVENCY OF MONEYED CORPORATIONS, AND TO SECURE THE RIGHTS OF THEIR CREDITORS AND STOCKHOLDERS.

SEC. 1. Restrictions on moneyed corporations.

2. Profits, how calculated.

3. Surplus profits.

4. Losses, how to be charged.

5. Loans, when to be called in.

6. Proceedings on stock hypothecated when debt is not paid.

7, 8 and 9. Certain conveyances for use of corporation invalid.

10. Penalty on director violating preceding sections.

II to 18, inclusive, repealed by L. 1830, ch. 71.

19. Annual statement to be transmitted to comptroller.
20. Contents thereof.

21. Further contents of each statement after first.

22. Penalty for neglect.

23, 24 and 25. Duty of comptroller in regard to such statement. 26, 27 and 28. (Omitted, they relating exclusively to corporations having banking powers.)

29. Affidavits required from corporations hereafter created. 30. How made and filed.

31. Effect of omission.

(ART. 2.) REGULATIONS CONCERNING THE ELECTION OF DIRECTORS OF

CHAP. IX.

MONEYED CORPORATIONS.

SEC. 32. Inspectors to be chosen.

33. Vacancies, how supplied.

34. Disability.

35. Oath of inspector.

36. Who may vote.

37 and 38. Id., and on what stock.

39. Challenge; oath.

40. Persons voting on proxies.

41. Their oath if challenged.

42. Proceedings on challenge.

43. Proceedings, if election be not held.
44. Certain by-law invalid.

45. Transfer book of stock.

46. Penalty for refusing to exhibit.

47. Remedy of persons aggrieved by election.
48, 49 and 50. Proceedings.

(ART. 3.) OF THE CONSTRUCTION OF THIS TITLE.
Moneyed corporation" defined.

SEC. 51. 66

52. Title to apply to future corporations only.
53. Directors" defined.

54.

46

"Effects" defined.

55. "Evidences of debt" defined.

ARTICLE IV.- THE GENERAL POWERS, PRIVILEGES AND LIA

BILITIES OF CORPORATIONS.

1828, R. S., Part I, Ch. XVIII, Title III Of the general powers, privileges and liabilities of corporations.

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ARTICLE V.-SPECIAL PROVISIONS RELATING TO CERTAIN
CORPORATIONS AND JOINT-STOCK ASSOCIATIONS.

1828, R. S., Part I, Ch. XVIII, Title IV Special provisions
relating to certain corporations..

......

SEC. 1. Certain books to be opened at certain times.

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2. Dividends from surplus profits only; capital not to be reduced;
notes for installments on stock, not to be discounted; nor
notes to withdraw installments paid; liability of directors
for violating these provisions; not barred by statute of limi-
tations.

3. Amount of debts; liability of directors for excess; not barred
by statute of limitations.

4. Certain transfers of property prohibited.

5. Powers of supreme court respecting elections.

6. Certain by-laws to be published; evidence of right to vote
7. Oath of inspectors of election.

CHAP. VIII

Return of old certificates of

stock, and

issuing new certificates

in lieu thereof.

Capital

stock, when and how increased.

duction of its capital, and the charter of such company shall be
deemed to be amended in respect to the amount of capital and
the par value of the shares so as to conform to such reduction.
§ 5. It shall be lawful for the said company to require the re-
turn of the original certificate of stock held by each stockholder,
and in lieu thereof to issue new certificates for such number of
shares as the said stockholder may be entitled to, in the propor-
tion that the reduced capital may be found to bear to the original
capital of the company.

§ 6. It shall be lawful for any such company, after its capital shall be so reduced as aforesaid, to increase its capital stock, in the mode prescribed by the nineteenth section of chapter four hundred and sixty-six of the Laws of eighteen hundred and fiftythree.

(Section 7 amends Laws of 1853, chap. 466, ante, p. 19.)

When re

ceivers and

insurance

L. 1867, Chap. 709-An Act to amend an act entitled
"An Act to amend an act to provide for the incorpora-
tion of fire insurance companies, passed June twenty-
fifth, eighteen hundred and fifty-five,” passed March
twenty-sixth, eighteen hundred and sixty-five, and to
require receivers and trustees of insurance companies
to make annual and other statements.
PASSED April 24, 1867.

(SECTION 1. Amends Laws of 1865, chap. 199, ante, p. 123.) § 2. It shall be the duty of all receivers and trustees of insurtrustees of ance companies, during the month of January of each year, and companies at any other time when required by the superintendent of the into make surance department, to make and file annual and other statements to superin- of their assets and liabilities, and of their income and expenditures, in the same manner and form, and under the same penalties, as the officers of such companies are now required by law to make annual and other statements to the insurance department

statements

tendent.

L. 1873, Chap. 688 - An Act regulating the responsibility of agents of insurance companies.

PASSED June 10, 1873.

SECTION 1. Any person who shall be appointed, or who shall act as agent for any insurance company within this State, or who liable in a shall as such agent solicit applications, issue policies or renewals,

Agents receiving money

CHAP.VIII

fiduciary

and collect premiums either for original insurances or renewals, or who shall receive or collect moneys from any source or any account capacity. whatsoever, as such agent, for any insurance company doing business in this State, whether such company be organized under the laws of this State or any other State of the Union, such person shall be held responsible, in a trust or fiduciary capacity, to such company for any moneys received by him for such company.

moneys,

intent to

larceny.

§ 2. Any such agent or person who shall embezzle or convert to Taking his own use, or shall take or secrete or otherwise dispose of, with with intent to embezzle or use, or who shall fraudulently withhold or embezzle, appropriate, invest, loan or otherwise fraudulently apply or make use of, without the consent of such company, or contrary to its instructions, any money belonging to such company which shall have come into his possession, or shall be under his care, by reason of such agency, he shall be deemed by so doing to have committed the crime of larceny, and upon conviction shall be punished for such crime.

L. 1875, Chap. 423 – An Act to regulate investments by
insurance companies.
PASSED May 24, 1875.

superinstocks in

SECTION 1. Whenever any insurance company, organized under Report to any of the laws of this State, shall have invested any of its funds tendent of in the stock of other incorporated companies, under and in pursu- other comance of the laws of this State, and the superintendent of the insur-panies. ance department shall have reason to believe that such stock is below par, he may direct any such company to report to him under oath the amount of such stock so held by any such company, and if the market value thereof is below par, he may direct the sale (under such regulations as he may establish) of such stock by such insurance company.

ment by

in other

§ 2. It shall be lawful for any life, fire or marine insurance com- Investpany organized under any of the laws of this State, and transacting companies business in other States of the United States, to invest the funds States. required to meet its obligations incurred in such other States, respectively, in the same class of securities in those States that such corporations are by law allowed to invest in, in this State, but this act shall not be construed as authorizing, nor does it permit any such corporation to loan moneys on mortgage upon real estate without the limits of this State and States adjacent thereto.

CHAP. IX.

SEC. 8. On failure of election another day to be appointed; who entitled to vote on such subsequent day.

9 and 10. (Omitted, they relating entirely to banking corporations.) II. Application of title limited.

1842, Ch. 165-Agent of foreign corporation to exhibit list of stockholders..

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226

1850, Ch. 172 - Corporations not to interpose defense of usury. 226 SEC. 1. Defense of usury not to be interposed

66

2. Definition of term corporation."

1867, Ch. 937—Corporations may extend term of existence. 227 SEC. 1. Extension of term of existence.

1870, Ch. 135 -- Defects in certificate of incorporation........... 227 SEC. 1. May file amended certificate.

2. Pending suits not affected.

1872, Ch. 146 Real estate for business purposes may be held

in other States......

228

SEC. 1. Corporations may hold real estate and stocks in other States. 1873, Ch. 151-Duplicates of lost certificates of stock... . . . . 228 SEC. 1. Stockholders may compel corporations to issue duplicate certificates in case of loss.

2. Court to proceed summarily; to order that duplicates be issued ; petitioner to give security; obedience to order, how enforced.

1873, Ch. 469- Purchasers of franchises, etc., on mortgage sales.

....

.....

230 SEC. I. When purchasers of franchises, etc., sold under mortgage may become a body corporate.

2. Certificate to state where corporation was incorporated under general law.

3. Under special act.

4. Filing certificate; new corporation; omission in decree.
5. Evidence.

1877, Ch. 158-Foreign corporations may hold land in this

State.....

SEC. 1. May purchase at mortgage foreclosure sale, etc.

232

1877, Ch. 311 Corporations and companies of other States, 232

etc......

SEC. 1. Evidence of corporate existence.

1878, Ch. 264-Corporations of this State may reduce capital

stock....

SEC. 1. May diminish stock; proviso.

2. Notice of meeting to reduce stock.

3. Proceedings; certificate to be filed.

233

1880, Ch. 225 —Exchange of preferred for common stock.... 234

SEC. 1. Corporations of this State authorized to exchange preferred for

common stock.

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