§8-1210. Overissue
(1). In this section, "overissue" means the issue of securities in excess of the amount the issuer has corporate power to issue, but an overissue does not occur if appropriate action has cured the overissue.
[PL 1997, c. 429, Pt. B, §2 (NEW).]
(2). Except as otherwise provided in subsections (3) and (4), the provisions of this Article which validate a security or compel its issue or reissue do not apply to the extent that validation, issue or reissue would result in overissue.
[PL 1997, c. 429, Pt. B, §2 (NEW).]
(3). If an identical security not constituting an overissue is reasonably available for purchase, a person entitled to issue or validation may compel the issuer to purchase the security and deliver it if certificated or register its transfer if uncertificated, against surrender of any security certificate the person holds.
[PL 1997, c. 429, Pt. B, §2 (NEW).]
(4). If a security is not reasonably available for purchase, a person entitled to issue or validation may recover from the issuer the price the person or the last purchaser for value paid for it with interest from the date of the person's demand.
[PL 1997, c. 429, Pt. B, §2 (NEW).]
SECTION HISTORY
PL 1997, c. 429, §B2 (NEW).
Structure Maine Revised Statutes
TITLE 11: UNIFORM COMMERCIAL CODE
Article 8-A: INVESTMENT SECURITIES
11 §8-1202. Issuer's responsibility and defenses; notice of defect or defense
11 §8-1203. Staleness as notice of defect or defense
11 §8-1204. Effect of issuer's restriction on transfer
11 §8-1205. Effect of unauthorized signature on security certificate
11 §8-1206. Completion or alteration of security certificate
11 §8-1207. Rights and duties of issuer with respect to registered owners
11 §8-1208. Effect of signature of authenticating trustee, registrar or transfer agent