Title 46, Chapter 8, Section 45
( 46-8-45)
(a) The directors may require the subscribers to the capital stock
to pay the amounts variously subscribed by them, in such
installments as they may deem proper; and the directors may receive
cash or property, either real or personal, at the agreed value
thereof, in payment of such installments. (b) If any subscriber neglects to pay any installment as required by
resolution of the board of directors, the directors may direct an
action to be brought against him forthwith for the amount of such
call or may in their discretion, after 30 days' notice to such
stockholder, cause his stock, after such advertisement as may seem
to them proper, to be put up at auction and sold to the highest
bidder for cash. If the proceeds of sale are less than the amount of
the call, the delinquent shall pay the difference; and any surplus
over the amount of the call and the expenses of the advertisement
and sale shall be paid to him. A new certificate of stock shall be
issued to the purchaser, and he shall stand in the same relation to
the company as the delinquent would have stood had he not defaulted.
Such sale shall be in the city where the principal office of the
company may be located, at such time and place as the board of
directors may prescribe. (c) If for any reason it is not practicable to serve such delinquent
stockholder with notice of such sale personally or by mail, or if he
is a nonresident of this state, notice may be given by publication
in any newspaper published in the city where the principal office of
such company may be located, once a week for four weeks prior to the
date of such sale. (d) The company may collect from delinquent subscribers by sale of
the stock, by civil action, or by both remedies. |