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15 U.S.C. § 148 — Payment of stock in real or personal property

Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 148 — Payment of stock in real or personal property

No share of stock of a China Trade Act corporation shall, for the purposes of [section 147 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section147&num=0&edition=prelim) or of subdivision (d) of [section 144 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section144&num=0&edition=prelim), be held paid in real or personal property unless (1) a certificate describing the property and stating the value at which it is to be received has been filed by the corporation with the Secretary or the registrar in such manner as shall be by regulation prescribed, and a fee to be fixed by the Secretary or the registrar, respectively, to cover the cost of any necessary investigation has been paid, and (2) the Secretary or the registrar, as the case may be, finds and has certified to the corporation that such value is not more than the fair market value of the property.

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Stable record: federal_law:legal_authorities:record_usc_c9103b78b453d4ea0ec72310
Source file: Laws/federal/codes/united-states-code/title-15/section-148-payment-of-stock-in-real-or-personal-property--e872e81e8f.md
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Source location: Title 15, Chapter 4, § 148; chapter-004-china-trade.md

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No share of stock of a China Trade Act corporation shall, for the purposes of [section 147 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section147&num=0&edition=prelim) or of subdivision (d) of [section 144 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section144&num=0&edition=prelim), be held paid in real or personal property unless (1) a certificate describing the property and stating the value at which it is to be received has been filed by the corporation with the Secretary or the registrar in such manner as shall be by regulation prescribed, and a fee to be fixed by the Secretary or the registrar, respectively, to cover the cost of any necessary investigation has been paid, and (2) the Secretary or the registrar, as the case may be, finds and has certified to the corporation that such value is not more than the fair market value of the property.

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 147 — Stock; issuance at par value

Each share of the original or any subsequent issue of stock of a China Trade Act corporation shall be issued at not less than par value, and shall be paid for in cash, or in accordance with the provisions of [section 148 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section148&num=0&edition=prelim), in real or personal property which has been placed in the custody of the directors. No such share shall be issued until the amount of the par value thereof has been paid the corporation; and when issued, each share shall be held to be full paid and nonassessable; except that if any share is, in violation of this section, issued without the amount of the par value thereof having been paid to the corporation, the holder of such share shall be liable in suits by creditors for the difference between the amount paid for such share and the par value thereof.

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 144 — China trade corporations

**(a) Incorporation** Three or more individuals (hereinafter in this chapter referred to as “incorporators”), a majority of whom are citizens of the United States, may, as hereinafter in this chapter provided, form a District of Columbia corporation for the purpose of engaging in business within China. **(b) Articles of incorporation** The incorporators may adopt articles of incorporation which shall be filed with the Secretary at his office in the District of Columbia and may thereupon make application to the Secretary for a certificate of incorporation in such manner and form as shall be by regulation prescribed. The articles of incorporation shall state— (1) The name of the proposed China Trade Act corporation, which shall end with the legend, “Federal Inc. U.S.A.”, and which shall not, in the opinion of the Secretary, be likely in any manner to mislead the public; (2) The location of its principal office, which shall be in the District of Columbia; (3) The particular business in which the corporation is to engage; (4) The amount of the authorized capital stock, the designation of each class of stock, the terms upon which it is to be issued, and the number and par value of the shares of each class of stock; (5) The duration of the corporation, which may be perpetual or for a limited period; (6) The names and addresses of at least three individuals (a majority of whom, at the time of designation and during their term of office, shall be citizens of the United States), to be designated by the incorporators, who shall serve as temporary directors; and (7) The fact that an amount equal to 25 per centum of the amount of the authorized capital stock has been in good faith subscribed to. **(c) Prohibited transactions** A China Trade Act corporation shall not engage

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 148 — Payment of stock in real or personal prop-

Page 624 TITLE 15—COMMERCE AND TRADE § 148 Editorial Notes AMENDMENTS 1925—Act Feb. 26, 1925, substituted ‘‘not less than par value’’ for ‘‘par value only’’. § 148. Payment of stock in real or personal prop- erty No share of stock of a China Trade Act cor- poration shall, for the purposes of section 147 of this title or of subdivision (d) of section 144 of this title, be held paid in real or personal prop- erty unless (1) a certificate describing the prop- erty and stating the value at which it is to be received has been filed by the corporation with the Secretary or the registrar in such manner as shall be by regulation prescribed, and a fee to be fixed by the Secretary or the registrar, respec- tively, to cover the cost of any necessary inves- tigation has been paid, and (2) the Secretary or the registrar, as the case may be, finds and has certified to the corporation that such value is not more than the fair market value of the prop- erty. (Sept. 19, 1922, ch. 346, § 8, 42 Stat. 851.) Editorial Notes REFERENCES IN TEXT Subdivision (d) of section 144 of this title, referred to in text, was in the original ‘‘paragraph (7) of subdivi- sion (b) of section 4’’, which is classified to section 144(b)(7) of this title. Part of the provisions of par. (7) were transferred to subd. (d) of section 144 by act Feb. 26, 1925, ch. 345, §§ 3, 5, 43 Stat. 995. § 149. Bylaws The bylaws may provide— (a) The time, place, manner of calling, giving notice, and conduct of, and determination of a quorum for, the meetings, annual or special, of the stockholders or directors; (b) The number, qualifications, and manner of choosing and fixing the tenure of office and com- pensation of all directors; but the number of such directors shall be not less than three, and

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