Title 70A - Uniform Commercial Code - Chapter 8 - Uniform Commercial Code - Investment Securities - Part 2 - Issue and Issuer - Section 210 - Overissue.

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

Utah Code

Page 1

70A-8-210 Overissue. (1) 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.

(2) Except as otherwise provided in Subsections (3) and (4), the provisions of this chapter 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.

(3) 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.

(4) 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.

Enacted by Chapter 204, 1996 General Session