Effective: October 1, 1953
Latest Legislation: House Bill 1 - 100th General Assembly
When judicial proceedings are pending in a court for the sale of a railroad, and such railroad is in the hands of a receiver appointed by such court, two thirds in interest of each class of mortgagees or holders of the bonds issued under a mortgage, two thirds in interest of all other classes of creditors of the railroad company, and the owners of two thirds of the shares of the stock of such company may agree in writing upon a plan for the adjustment of such indebtedness, by capitalization or otherwise.
When such agreement is made and filed in the office of the secretary of state, the secretary of state shall cause public notice of such agreement to be given in a newspaper of general circulation published in each of the cities of Columbus, Cincinnati, and Cleveland, and also in a newspaper of general circulation published in each of the counties through or in which the railroad is located. Publication shall be made immediately after the agreement is filed and continued for six consecutive weeks. The cost of such publication shall be paid by the company.
A duplicate of such agreement shall be kept at the principal office of the company. All persons in interest, not parties to such agreement, may, for four months after the date of the first publication, appear, either in person or by proxy, and become a party to such agreement, by signing it, and thereby secure its benefits.
Structure Ohio Revised Code
Chapter 4971 | Reorganization of Railroads
Section 4971.01 | Proceedings for Reorganization.
Section 4971.02 | Meeting of Creditors - Proceedings.
Section 4971.03 | Certificate to Be Filed.
Section 4971.04 | Powers of New Company.
Section 4971.05 | Property of New Company.
Section 4971.06 | Issue of Stock or Securities.
Section 4971.07 | Lien of Mortgages.
Section 4971.08 | Lien for Labor Performed.
Section 4971.09 | Enforcement of Lien.
Section 4971.10 | Court to Retain Amount of Lien.
Section 4971.11 | Action to Satisfy Judgment.
Section 4971.12 | Provisions Applicable to Certain Other Companies.
Section 4971.13 | Mortgaged Property May Be Sold Without Appraisement.
Section 4971.14 | Creditors May Agree on Capitalization - Notice.
Section 4971.15 | Stocks or Bonds Held in a Fiduciary Capacity.
Section 4971.16 | Rights of Creditors Who Do Not Sign Agreement.
Section 4971.17 | Court to Make Order as to Costs.