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2024 Michigan Compiled Laws
Chapter 451 - Securities, Real Estate, and Debt Management
Act 89 of 1933 - Protective Committees (451.302 - 451.319)
AN ACT to prevent fraud, deception and imposition in the solicitation within the state of Michigan of the deposit of bonds, notes, debentures and other evidences of indebtedness under, and/or the consent of the holders or owners of such securities, to a protective committee agreement, and to prevent fraud, deception and imposition in the operations and activities of protective committees organized within the state of Michigan to act for and in behalf of the holders or owners of such securities, and for such purposes to create a commission to regulate and supervise the establishment and the operations of protective committees, depositaries under protective committee agreements, and solicitors for protective committee agreements; to authorize said commission to have supervision over defaulted bonds, notes, debentures, certificates of participation and similar evidences of indebtedness; to prescribe the powers and duties of such commission; to license members of protective committees, depositaries under protective committee agreements and solicitors for protective committee agreements; to regulate and supervise and control the solicitation by anyone of bonds, notes, debentures and all other similar evidences of indebtedness, issued by the maker of any security for the purpose of procuring the modification and/or amendment and/or foreclosure of any instrument in writing securing any issue of bonds, notes, debentures and all other similar evidences of indebtedness; to authorize such commission to act as custodian or receiver and appoint custodians, agents and managers of defaulted mortgage property under orders of court or otherwise; to prescribe penalties for violation of this act; and to repeal Act No. 37 of the Public Acts of the first extra session of 1932.
History: 1933, Act 89, Imd. Eff. May 25, 1933 ;-- Am. 1935, Act 218, Imd. Eff. June 8, 1935
- Section 451.302 - Protective Committees, Depositaries and Solicitors; Definitions.
- Section 451.303 - Protective Committees, Depositaries and Solicitors; License Applications, Fees, Hearing, Bonds; Inactive Committee or Depositary; Names, Inspection.
- Section 451.304 - Protective Committees, Depositaries and Solicitors; Licenses, Non-Resident Applicants, Filing; Service of Process.
- Section 451.305 - Protective Committees, Depositaries and Solicitors; Licenses, Suspension or Revocation.
- Section 451.306 - Protective Committees; Statement, Contents; Application to Solicit Security Holders.
- Section 451.307 - Protective Committees; Solicitation of Security Holders; Fraud, Conditions, Limitation of Charges.
- Section 451.308 - Protective Committees; Notice to Issuer of Security, Objections, Hearing.
- Section 451.309 - Protective Committees; Records and Reports.
- Section 451.310 - Protective Committees; Authority to Take Action.
- Section 451.311 - Public Trust Commission; Investigations, Audits and Appraisals.
- Section 451.312 - Public Trust Commission; Subpoenas, Oaths, Records.
- Section 451.313 - Public Trust Commission; Investigations; Costs; Audits and Appraisals.
- Section 451.315 - Public Trust Commission; Suspension of Orders, Grounds, Procedure.
- Section 451.316 - Aggrieved Parties; Action in Circuit Court.
- Section 451.317 - Fiduciary's Relation to Security Holders; Reports of Purchases.
- Section 451.318 - Construction of Act; Severing Clause.
- Section 451.318a - Bonds; Exception From Act; Securities Exempt From Blue Sky Law and Mortgage Tax Act.
- Section 451.319 - Violation of Act; Penalty.
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