28-8-405. REPLACEMENT OF LOST, DESTROYED, OR WRONGFULLY TAKEN SECURITY CERTIFICATE. (1) 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:
(a) So requests before the issuer has notice that the certificate has been acquired by a protected purchaser;
(b) Files with the issuer a sufficient indemnity bond; and
(c) Satisfies other reasonable requirements imposed by the issuer.
(2) 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 section 28-8-210. 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.
History:
[28-8-405, added 1995, ch. 272, sec. 2, p. 894.]
Structure Idaho Code
Title 28 - COMMERCIAL TRANSACTIONS
Chapter 8 - INVESTMENT SECURITIES
Section 28-8-401 - DUTY OF ISSUER TO REGISTER TRANSFER.
Section 28-8-402 - ASSURANCE THAT INDORSEMENT OR INSTRUCTION IS EFFECTIVE.
Section 28-8-403 - DEMAND THAT ISSUER NOT REGISTER TRANSFER.
Section 28-8-404 - WRONGFUL REGISTRATION.
Section 28-8-405 - REPLACEMENT OF LOST, DESTROYED, OR WRONGFULLY TAKEN SECURITY CERTIFICATE.
Section 28-8-407 - AUTHENTICATING TRUSTEE, TRANSFER AGENT, AND REGISTRAR.