Title 11, Chapter 8, Section 210
( 11-8-210)
Overissue. (a) In this Code 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
Code 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. |