Wisconsin Statutes 201.04 – Consideration for securities
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Terms Used In Wisconsin Statutes 201.04
- Commission: means the office of the commissioner of railroads in the case of water carriers and the public service commission in the case of other public service corporations. See Wisconsin Statutes 201.01
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Property: includes real and personal property. See Wisconsin Statutes 990.01
- Public service corporation: includes a holding company, as defined under…. See Wisconsin Statutes 201.01
- Securities: means capital stock and evidences of indebtedness of a public service corporation, but do not include any of the following:
(a) Any obligation of a public service corporation which is not a public utility as defined in the federal Power Act, falling due one year or less after its date and bearing date not later than the day of sale. See Wisconsin Statutes 201.01
(1) No securities shall be issued by any public service corporation except for money, property or services actually received by it. The amount of money, and the value of the property or the services to be so received shall be:
(a) In case of stock having a par value, not less than the par value thereof;
(b) In case of stock having no par value, not less than the amount specified in the commission‘s certificate of authority as the selling price of the stock; and
(c) In case of evidences of indebtedness, a sum that the commission determines to be a reasonable price, but in any event not less than 75 percent of their face value.
(2) The limitations of this section shall not apply to the sale of evidences of indebtedness of a public service corporation by way of enforcement of a pledge of the evidences of indebtedness, made by the corporation pursuant to a certificate of authority issued by the commission, as security for lawful indebtedness of the corporation; but in all such cases the instrument of pledge shall contain a provision to the effect that none of the pledged securities shall be sold or become the absolute property of the pledgee, either directly or indirectly, except at public sale, notice whereof shall be published as a class 3 notice, under ch. 985, in the place where the sale shall take place, and further to the effect that the sale shall not be made below the price fixed therefor by the commission in its certificate authorizing the pledging of the securities.