View Our Newest Version Here

2012 Pennsylvania Consolidated Statutes
Title 13 - COMMERCIAL CODE
Chapter 82 - Issue and Issuer
Section 8210 - Overissue

     § 8210.  Overissue.
        (a)  Definition of "overissue".--In this section, "overissue"
     means the issue of securities in excess of the amount the issuer
     has corporate power to issue, but an overissue does not occur if
     appropriate action has cured the overissue.
        (b)  Application of certain provisions limited in cases of
     overissue.--Except as otherwise provided in subsections (c) and
     (d), the provisions of this division which validate a security
     or compel its issue or reissue do not apply to the extent that
     validation, issue or reissue would result in overissue.
        (c)  Purchase may be compelled.--If an identical security not
     constituting an overissue is reasonably available for purchase,
     a person entitled to issue or validation may compel the issuer
     to purchase the security and deliver it if certificated or
     register its transfer if uncertificated, against surrender of
     any security certificate the person holds.
        (d)  Recovery of price paid plus interest.--If a security is
     not reasonably available for purchase, a person entitled to
     issue or validation may recover from the issuer the price the
     person or the last purchaser for value paid for it with interest
     from the date of the person's demand.

        Cross References.  Section 8210 is referred to in sections
     8102, 8404, 8405 of this title.
Disclaimer: These codes may not be the most recent version. Pennsylvania may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.