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Official Code of Georgia Annotated

Title 11. COMMERCIAL CODE · Chapter 8. · Article 8. INVESTMENT SECURITIES · Part 4. REGISTRATION

11-8-405. Replacement of lost, destroyed, or wrongfully taken security certificate.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. (a)

    If an owner of a certificated security, whether in registered or bearer form, claims that the certificate has been lost, destroyed, or wrongfully taken, the issuer shall issue a new certificate if the owner:#

    1. (1)

      So requests before the issuer has notice that the certificate has been acquired by a protected purchaser;#

    2. (2)

      Files with the issuer a sufficient indemnity bond; and#

    3. (3)

      Satisfies other reasonable requirements imposed by the issuer.#

  2. (b)

    If, after the issue of a new security certificate, a protected purchaser of the original certificate presents it for registration of transfer, the issuer shall register the transfer unless an overissue would result. In that case, the issuer’s liability is governed by Code Section 11-8-210. In addition to any rights on the indemnity bond, an issuer may recover the new certificate from a person to whom it was issued or any person taking under that person, except a protected purchaser.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 11-8-405, enacted by Ga. L. 1998, p. 1323, § 1.

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t11-(v9)-2022-pdf.pdf, Volume V9, 2022 edition, page 691; merge action: carried; file SHA-256 ad397fccbf21.