2005 North Carolina Code - General Statutes § 1-440.19. Levy on stock in corporation.

§ 1‑440.19.  Levy on stock in corporation.

(a)       The sheriff may levy, as on tangible property, on a share of stock in a corporation by seizing the certificate of stock

(1)       When the certificate is in the possession of the defendant, and

(2)       When, by the law of the state in which the corporation is incorporated, the property interest of the stockholder is embodied in the certificate of stock, as is provided by the Uniform Stock Transfer Act or similar legislation.

(b)       The sheriff may levy on a share of stock in a corporation by  delivery of copies of the garnishment process to the proper officer or agent of such corporation, as set out in G.S. 1‑440.26,

(1)       When, by the law of the state in which the corporation is incorporated, the property interest of the stockholder is not embodied in the certificate of stock, or

(2)       When, by the law of the state in which the corporation is incorporated, the property interest of the stockholder is embodied in the certificate of the stock, as is provided by the Uniform Stock Transfer Act or similar legislation, and

a.         Such certificate has been surrendered to the corporation which issued it, or

b.         The transfer of such certificate by the holder thereof has been restrained or enjoined.

(c)       A restraining order or injunction against the transfer of a certificate of stock, when proper in an attachment proceeding, may be granted by the clerk or judge pursuant to a motion in the cause to which the attachment is ancillary. (1947, c. 693, s. 1.)