(1) While the organization permit is effective, the incorporators, directors, and
principal officers of a stock corporation shall in the aggregate subscribe and pay,
at the public offering price, at least $150,000 in cash or in property of equivalent
value approved by the commissioner under Subsection 31A-5-207(1)(a) or (2)(a), for shares offered by the corporation under the organization permit.
(2)(a) Certificates representing promotional securities and any stock received on
those shares as the result of a stock dividend, stock split, or exercise of preemptive
or conversion rights, shall be placed in escrow with a depository satisfactory to
the commissioner under an agreement providing that the shares may not be transferred
without the approval of the commissioner.
(b) If the corporation issues any life insurance policies, any shares subject to this
section shall be released from escrow five years after issuance of the certificate
of authority. In other cases, the shares shall be released from escrow three years after issuance
of the certificate of authority.
(3) The commissioner's approval of the transfer of promoter stock under Subsection
(a) shall be granted upon request, if the corporation has made an addition to earned
surplus in each of the two immediately preceding years of at least 15% of the capital
and surplus raised by the sale of shares under the organization permit; and
(b) may be granted upon a showing of hardship by the shareholder or his estate or
legatee, if the release from escrow of the shares or a portion of the shares would
not, in the commissioner's opinion, endanger the interests of insureds or the public.
(4) For three years after the issuance of the certificate of authority, an option
to purchase stock may be issued only under a plan approved by the commissioner.
(5) This section does not apply to promotional securities issued prior to July 1,
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
Was this helpful?
Welcome to FindLaw's Cases & Codes
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.