17-6418.Same; judicial proceedings to compel
issuance of new stock certificate or uncertificated shares.
(a) If a corporation refuses to issue new uncertificated shares or a new
certificate of stock in place of a certificate theretofore issued by it, or by
any corporation of which it is the lawful successor, which certificate is
alleged to have been lost, stolen or destroyed, the owner of the lost, stolen
or destroyed certificate or the owner's legal representative, may commence an
action in district court for an order requiring the corporation to show cause
why it should not issue new uncertificated shares or a new certificate of stock
in place of the certificate so lost, stolen or destroyed. The petition in such
action shall state the name of the corporation, the number and date of the
certificate, if known or ascertainable by the plaintiff, the number of shares
of stock represented thereby and to whom issued, and a statement of the
circumstances attending such loss, theft or destruction. Thereupon the court
shall make an order requiring the corporation to show cause at a time and place
therein designated, why it should not issue new uncertificated shares or a new
certificate of stock in place of the one described in the complaint. A copy of
the complaint and order shall be served upon the corporation at least five days
before the time designated in the order.
(b) If, upon hearing, the court is satisfied that the plaintiff is the lawful
owner of the number of shares of capital stock, or any part thereof, described
in the petition, and that the certificate therefor has been lost, stolen or
destroyed, and no sufficient cause has been shown why new uncertificated shares
or a new certificate should not be issued in place thereof, it shall enter an
order requiring the corporation to issue and deliver to the plaintiff new
uncertificated shares or a new certificate for such shares. In its order the
court shall direct that, prior to the issuance and delivery to the plaintiff of
such new uncertificated shares or a new certificate, the plaintiff give the
corporation a bond in such form and with such security as to the court appears
sufficient to indemnify the corporation against any claim that may be made
against it on account of the alleged loss, theft or destruction of any such
certificate or the issuance of such new uncertificated shares or new
certificate. No corporation which has issued uncertificated shares or a
certificate pursuant to an order of the court entered hereunder shall be liable
in an amount in excess of the amount specified in such bond.
History: L. 1972, ch. 52, § 45;
L. 1988, ch. 99, § 17;
Revived and amend., L. 1988, ch. 100, § 17;
L. 1992, ch. 270, § 7;
L. 2004, ch. 143, § 19; Jan. 1, 2005.
17-6418.Same; judicial proceedings to compel
issuance of new stock certificate or uncertificated shares.
(a) If a corporation refuses to issue new uncertificated shares or a new
certificate of stock in place of a certificate theretofore issued by it, or by
any corporation of which it is the lawful successor, which certificate is
alleged to have been lost, stolen or destroyed, the owner of the lost, stolen
or destroyed certificate or the owner's legal representative, may commence an
action in district court for an order requiring the corporation to show cause
why it should not issue new uncertificated shares or a new certificate of stock
in place of the certificate so lost, stolen or destroyed. The petition in such
action shall state the name of the corporation, the number and date of the
certificate, if known or ascertainable by the plaintiff, the number of shares
of stock represented thereby and to whom issued, and a statement of the
circumstances attending such loss, theft or destruction. Thereupon the court
shall make an order requiring the corporation to show cause at a time and place
therein designated, why it should not issue new uncertificated shares or a new
certificate of stock in place of the one described in the complaint. A copy of
the complaint and order shall be served upon the corporation at least five days
before the time designated in the order.
(b) If, upon hearing, the court is satisfied that the plaintiff is the lawful
owner of the number of shares of capital stock, or any part thereof, described
in the petition, and that the certificate therefor has been lost, stolen or
destroyed, and no sufficient cause has been shown why new uncertificated shares
or a new certificate should not be issued in place thereof, it shall enter an
order requiring the corporation to issue and deliver to the plaintiff new
uncertificated shares or a new certificate for such shares. In its order the
court shall direct that, prior to the issuance and delivery to the plaintiff of
such new uncertificated shares or a new certificate, the plaintiff give the
corporation a bond in such form and with such security as to the court appears
sufficient to indemnify the corporation against any claim that may be made
against it on account of the alleged loss, theft or destruction of any such
certificate or the issuance of such new uncertificated shares or new
certificate. No corporation which has issued uncertificated shares or a
certificate pursuant to an order of the court entered hereunder shall be liable
in an amount in excess of the amount specified in such bond.
History: L. 1972, ch. 52, § 45;
L. 1988, ch. 99, § 17;
Revived and amend., L. 1988, ch. 100, § 17;
L. 1992, ch. 270, § 7;
L. 2004, ch. 143, § 19; Jan. 1, 2005.
17-6418.Same; judicial proceedings to compel
issuance of new stock certificate or uncertificated shares.
(a) If a corporation refuses to issue new uncertificated shares or a new
certificate of stock in place of a certificate theretofore issued by it, or by
any corporation of which it is the lawful successor, which certificate is
alleged to have been lost, stolen or destroyed, the owner of the lost, stolen
or destroyed certificate or the owner's legal representative, may commence an
action in district court for an order requiring the corporation to show cause
why it should not issue new uncertificated shares or a new certificate of stock
in place of the certificate so lost, stolen or destroyed. The petition in such
action shall state the name of the corporation, the number and date of the
certificate, if known or ascertainable by the plaintiff, the number of shares
of stock represented thereby and to whom issued, and a statement of the
circumstances attending such loss, theft or destruction. Thereupon the court
shall make an order requiring the corporation to show cause at a time and place
therein designated, why it should not issue new uncertificated shares or a new
certificate of stock in place of the one described in the complaint. A copy of
the complaint and order shall be served upon the corporation at least five days
before the time designated in the order.
(b) If, upon hearing, the court is satisfied that the plaintiff is the lawful
owner of the number of shares of capital stock, or any part thereof, described
in the petition, and that the certificate therefor has been lost, stolen or
destroyed, and no sufficient cause has been shown why new uncertificated shares
or a new certificate should not be issued in place thereof, it shall enter an
order requiring the corporation to issue and deliver to the plaintiff new
uncertificated shares or a new certificate for such shares. In its order the
court shall direct that, prior to the issuance and delivery to the plaintiff of
such new uncertificated shares or a new certificate, the plaintiff give the
corporation a bond in such form and with such security as to the court appears
sufficient to indemnify the corporation against any claim that may be made
against it on account of the alleged loss, theft or destruction of any such
certificate or the issuance of such new uncertificated shares or new
certificate. No corporation which has issued uncertificated shares or a
certificate pursuant to an order of the court entered hereunder shall be liable
in an amount in excess of the amount specified in such bond.
History: L. 1972, ch. 52, § 45;
L. 1988, ch. 99, § 17;
Revived and amend., L. 1988, ch. 100, § 17;
L. 1992, ch. 270, § 7;
L. 2004, ch. 143, § 19; Jan. 1, 2005.