Sec. 8405.
(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 does all of the following:
(a) 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.
(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 8210. 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: 1962, Act 174, Eff. Jan. 1, 1964 ;-- Am. 1987, Act 16, Imd. Eff. Apr. 24, 1987 ;-- Am. 1998, Act 278, Imd. Eff. July 27, 1998
Structure Michigan Compiled Laws
Chapter 440 - Uniform Commercial Code
Act 174 of 1962 - Uniform Commercial Code (440.1101 - 440.11102)
Article 8 - Investment Securities (440.8101...440.8601)
174-1962-8-4 - Part 4 Registration (440.8401...440.8408)
Section 440.8401 - Registration of Transfer; Duty and Liability of Issuer.
Section 440.8402 - Indorsement as Genuine and Authorized; Assurance; Definitions.
Section 440.8403 - Demand; Effect; Notification; Period of Time; Liability of Issuer.
Section 440.8404 - Liability of Issuer for Wrongful Registration or Transfer.
Section 440.8405 - Lost, Destroyed, or Wrongfully Taken Securities.
Section 440.8408 - Repealed. 1998, Act 278, Imd. Eff. July 27, 1998.