2019 Georgia Code
Title 46 - Public Utilities and Public Transportation
Chapter 8 - Railroad Companies
Article 3 - Incorporation and Consolidation of Railroad Companies and Requirements as to Directors and Officers
Part 1 - Incorporation, Organization, Subscription of Capital Stock, Selection of Officers and Directors
§ 46-8-45. Payment of subscriptions; procedure by directors in case of default by subscriber

Universal Citation: GA Code § 46-8-45 (2019)
  • (a) The directors may require the subscribers to the capital stock to pay the amounts variously subscribed by them, in such installments as they may deem proper; and the directors may receive cash or property, either real or personal, at the agreed value thereof, in payment of such installments.

  • (b) If any subscriber neglects to pay any installment as required by resolution of the board of directors, the directors may direct an action to be brought against him forthwith for the amount of such call or may in their discretion, after 30 days' notice to such stockholder, cause his stock, after such advertisement as may seem to them proper, to be put up at auction and sold to the highest bidder for cash. If the proceeds of sale are less than the amount of the call, the delinquent shall pay the difference; and any surplus over the amount of the call and the expenses of the advertisement and sale shall be paid to him. A new certificate of stock shall be issued to the purchaser, and he shall stand in the same relation to the company as the delinquent would have stood had he not defaulted. Such sale shall be in the city where the principal office of the company may be located, at such time and place as the board of directors may prescribe.

  • (c) If for any reason it is not practicable to serve such delinquent stockholder with notice of such sale personally or by mail, or if he is a nonresident of this state, notice may be given by publication in any newspaper published in the city where the principal office of such company may be located, once a week for four weeks prior to the date of such sale.

  • (d) The company may collect from delinquent subscribers by sale of the stock, by civil action, or by both remedies.


Ga. L. 1892, p. 37, § 6; Civil Code 1895, § 2164; Civil Code 1910, § 2582; Code 1933, § 94-202; Ga. L. 1982, p. 3, § 46.

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