Any request, consent or other instrument which may be required or permitted to be executed by the holders of bonds or notes, including tax anticipation notes, may be in one or more instruments of similar tenor and shall be signed or executed by the holders in person or by their attorneys appointed in writing. Proof of the execution of the instrument, or of an instrument appointing any such attorney, or the holding by any person of bonds or notes or coupons appertaining thereto, shall be sufficient for the purposes of this subpart and any proceeding thereunder if made in the following manner:
(1) The certificate shall state that the person or persons signing the instrument were known to be such persons by the individual certifying and that the person or persons acknowledged the execution of the instrument as his or their act. The authority of an attorney or agent may be proven by like statement of the principal acknowledged in a like manner, but a certificate as to authority shall not be necessary if an instrument is executed on behalf of a corporate holder of bonds, notes or coupons by a person purporting to be the president or a vice president of the corporation with the corporate seal affixed and attested by a person purporting to be its secretary or an assistant secretary. The fact and date of the execution by the holder of any bond, note or coupon, or the attorney thereof, of any instrument may be proved by the certificate, which, except as provided in this section, need not be acknowledged or verified, of any of the following:
(i) An officer of any bank or bank and trust company which is in this Commonwealth or which has a correspondent in this Commonwealth certifying to the authenticity of its certificate.
(ii) An authorized signer for any broker or dealer in securities doing business in this Commonwealth or having a correspondent in this Commonwealth certifying to the authenticity of its certificate.
(iii) Any notary public or other officer authorized to take acknowledgments of deeds to be recorded in the state in which he purports to act.
(iv) Any other witness to the execution whose certificate must be verified before a notary public or other officer authorized to take acknowledgments of deeds in the state in which he purports to act.
(2) The ownership of fully registered bonds or notes or of notes issued payable to the order of a named person, or bonds or notes registered as to principal, and the amount, number and date of holding them shall be proved by the registry records maintained for the series in question.
(3) The amount of bonds or notes transferable by delivery held by any person executing any instrument as the holder of a bond, note or coupon, the number thereof and the date of holding the bond, note or coupon may be proved by a like certificate of any person mentioned in paragraph (1)(i) or (ii) stating that the holder exhibited to the person executing the certificate or had on deposit with him the bonds or notes described in the certificate. For purposes of action to be taken by the holders of the bonds, notes or coupons, the holder shall be deemed to continue if he acts for a period of nine months after the date of the proof of holding. Continued ownership after this period shall require a new certificate or shall be taken as continuing if the original certificate contains a statement that the bonds, notes or coupons are on deposit with the signer and an undertaking not to release them, and not to attorn to any new owner, unless the certificate is presented to the depository.
(4) Any request, consent or vote of the owner of any bond, note or coupon shall bind all future holders thereof if a notation of the action is placed on the bond, note or coupon and also, even if not so noted, if notice thereof is given once by publication in a newspaper of general circulation in the county in which the local government unit is located and in a journal of general circulation among dealers in investment securities.
(5) In cases of disputed ownership and in other cases, in its discretion, a court, a local government unit or trustee or fiscal or paying agent may require further or other proof in cases where it deems it desirable.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Title 53 - MUNICIPALITIES GENERALLY
Chapter 81 - Incurring Debt and Issuing Bonds and Notes
Section 8101 - Combining projects for financing or series of bonds or notes for sale
Section 8102 - Preliminary authorizations as to financing
Section 8104 - Covenant to pay bonds or notes or a guaranty
Section 8106 - Sinking fund depository and trustee for bondholders or noteholders
Section 8107 - Award of bonds or notes
Section 8108 - Bond anticipation notes
Section 8109 - Small borrowing for capital purposes
Section 8111 - Submission to department
Section 8112 - Agreements with bondholders or noteholders
Section 8113 - Lost, stolen, destroyed or mutilated bonds or notes
Section 8115 - Contractual effect of ordinances and resolutions
Section 8116 - Unfunded actuarial accrued liability - condition precedent (Repealed)
Section 8121 - Power to issue tax anticipation notes
Section 8122 - Limitation on amount of tax anticipation notes
Section 8123 - Maturity date and time of payment of interest
Section 8124 - Other terms of tax anticipation notes
Section 8125 - Security for tax anticipation notes and sinking fund
Section 8126 - Certification as to taxes and revenues to be collected
Section 8127 - Sale of tax anticipation notes
Section 8128 - Condition precedent to validity of tax anticipation notes
Section 8129 - Scope of unfunded debt
Section 8130 - Approval by court to fund unfunded debt
Section 8141 - Form of bonds or notes
Section 8142 - Limitations on stated maturity dates
Section 8143 - Disposition of proceeds notwithstanding certain limitations
Section 8144 - Number of interest rates
Section 8145 - Place and medium of payment
Section 8146 - Execution of bonds or notes
Section 8147 - Pledge of revenues
Section 8148 - Deeds of trust and other agreements with bondholders and noteholders
Section 8149 - Negotiable qualities of bonds and notes
Section 8150 - Temporary bonds or notes or interim receipts
Section 8161 - Manner of sale of bonds or notes
Section 8162 - Contents of public advertisement and of official notice of sale
Section 8163 - Proposals for purchase
Section 8164 - Opening of bids
Section 8165 - Determination of highest and best bid
Section 8166 - Required bid security
Section 8167 - Reserved right to reject bids
Section 8168 - Failure to receive conforming bid
Section 8169 - Determination of net interest cost and net interest rate