Title 46, Chapter 2, Section 28
( 46-2-28)
(a) Each of the companies over which the commission has jurisdiction
shall be required to furnish the commission a list of any stocks and
bonds the issuance of which is contemplated. (b) It shall be unlawful for any of such companies to issue stocks,
bonds, notes, or other evidences of debt, payable more than 12
months after the date of issuance, except upon the approval of the
commission, and then only when necessary and for such amount as may
be reasonably required for the acquisition of property; the
construction and equipment of power plants and carsheds; the
completion, extension, or improvement of its facilities or
properties; the improvement or maintenance of its service; the
discharge or lawful refunding of its obligations; or other lawful
corporate purposes falling within the spirit of this Code section. (c) The decision of the commission shall be final as to the validity
of the issuance of stocks, bonds, notes, or other evidences of debt
by companies under the jurisdiction of the commission. (d) Before issuing stocks, bonds, notes, or other evidence of debt,
a company under the jurisdiction of the commission shall secure an
order from the commission authorizing such issue, the amount
thereof, and the purpose and use for which the issue is authorized.
For the purpose of enabling it to determine whether such order
should be issued, the commission shall make such inquiry or
investigation, hold such hearings, and examine such witnesses,
books, papers, documents, or contracts as it may deem advisable or
necessary. (e) Notwithstanding any other provision of this Code section, a
company under the jurisdiction of the commission may issue notes or
other evidences of debt for proper and lawful corporate purposes,
payable at periods of not more than 12 months from the date of
issuance, without the consent of the commission, provided that no
such notes or other evidences of debt shall, in whole or in part,
directly or indirectly, be refunded by any issue of stocks, bonds,
or other evidences of debt running for more than 12 months without
the consent of the commission. (f) Notwithstanding any other provision of this Code section, motor
common carriers and motor contract carriers regulated under Chapter
7 of this title shall be exempt from the provisions of this Code
section. |