Website Heading

CALIFORNIA CORPORATE & SECURITIES LAW

Which Code Applies When A Stock Certificate Has Been Lost, Destroyed Or Wrongfully Taken?

Earlier this week, I wrote about Judge Edward M. Chen’s ruling in Sender v. Franklin Res., Inc., 2015 U.S. Dist. LEXIS 171453, 3-4 (N.D. Cal. Dec. 22, 2015).  Judge Chen applied California Corporations Code Section 419 to a Delaware corporation on the basis that the replacement of a lost or stolen stock certificate was not governed…

Share on:

Replacement Of Lost Stock Certificate Is Not An Internal Affair, But So What?

U.S. District Court Judge Edward M. Chen recently ruled that a stockholder could maintain an action under California Corporations Code Section 419 for replacement of a lost, stolen or destroyed certificate.  As just described, the ruling shouldn’t be a surprise.  Section 419 provides that if “a corporation refuses to issue a new share certificate or other certificate in…

Share on:

Something May Be Missing In Your Affidavit Of Lost Share Certificate

When a certificated security has been lost, destroyed or wrongfully taken, the issuer has an obligation to replace that certificate if the owner: So requests before the issuer has notice that the certificate has been acquired by a protected purchaser; Files with the issuer a sufficient indemnity bond; and Satisfies other reasonable requirements imposed by…

Share on: