North Carolina General Statutes § 25-8-210 Overissue

(a)        In this section, "overissue" means the issue of securities in excess of the amount the issuer has corporate power to issue, but an overissue does not occur if appropriate action has cured the overissue.

(b)        Except as otherwise provided in subsections (c) and (d) of this section, the provisions of this Article which validate a security or compel its issue or reissue do not apply to the extent that validation, issue, or reissue would result in overissue.

(c)        If an identical security not constituting an overissue is reasonably available for purchase, a person entitled to issue or validation may compel the issuer to purchase the security and deliver it if certificated or register its transfer if uncertificated, against surrender of any security certificate the person holds.

(d)       If a security is not reasonably available for purchase, a person entitled to issue or validation may recover from the issuer the price the person or the last purchaser for value paid for it with interest from the date of the person's demand. (1997-181, s. 1.)

Sections:  Previous  25-8-203  25-8-204  25-8-205  25-8-206  25-8-207  25-8-208  25-8-209  25-8-210  25-8-301  25-8-302  25-8-303  25-8-304  25-8-305  25-8-306  25-8-307  Next

Last modified: March 23, 2014