US Lawyer Database

For Lawyer-Seekers

YOU DESERVE THE BEST LAWYER

Home » US Law » 2022 New Hampshire Revised Statutes » Title XXXIV - Public Utilities » Title 369 - Issuance of Stock and Other Securities; General Provisions

Section 369:1 – Authority to Issue Securities.

    369:1 Authority to Issue Securities. – A public utility lawfully engaged in business in this state may, with the approval of the commission but not otherwise, issue and sell its stock, bonds, notes and other evidences of indebtedness payable more than 12 months after the date thereof for lawful corporate purposes. The proposed issue […]

Section 369:1-a – Exceptions.

    369:1-a Exceptions. – The provisions of this chapter shall not apply to any excepted local exchange carrier. Source. 2012, 177:7, eff. Aug. 10, 2012.

Section 369:10 – Unincorporated Utilities.

    369:10 Unincorporated Utilities. – No unincorporated person or partnership, being a public utility through the ownership, operation or management of property devoted to public use, shall be required to apply to the commission for authority to issue notes or bonds unless the same are to be secured by mortgage of the property so devoted […]

Section 369:11 – Application of Proceeds.

    369:11 Application of Proceeds. – No public utility shall apply the proceeds of any stock, bonds or notes to any other purpose than those specified in the order of the commission authorizing the issue of the same. Source. 1911, 164:14. 1913, 145:14. 1917, 76:6. PL 241:12. RL 291:13. 1951, 203:45 par. 11, eff. Sept. […]

Section 369:12 – Account.

    369:12 Account. – Every public utility issuing stocks, bonds or other evidence of indebtedness subject to the provisions hereof shall file with the commission an account showing, in such detail as the commission shall require, the disposition of the proceeds of such issue. Source. 1911, 164:14. 1913, 145:14. 1917, 76:6. PL 241:13. RL 291:14. […]

Section 369:13 – Foreign Corporations.

    369:13 Foreign Corporations. – Any foreign corporation which shall engage in intrastate business as a public utility within this state after May 1, 1919, shall be subject to the provisions hereof, and, by applying for authority to begin or by continuing to engage in such intrastate business after said date, shall be deemed to […]

Section 369:14 – Public Utilities.

    369:14 Public Utilities. – A public utility for any corporate purpose approved by the commission, upon petition of the corporation, may, from time to time, with the authority of the commission as provided in this chapter, increase its capital stock or bonds beyond the amounts fixed and limited by its articles of association or […]

Section 369:15 – Stockholders.

    369:15 Stockholders. – Whenever a public utility organized under the laws of this state shall issue (1) additional shares of its capital stock having unconditionally the general right to vote or (2) securities convertible into shares of such capital stock, it shall, except as hereinafter provided, first offer such shares or convertible securities proportionately […]

Section 369:16 – Stockholders’ Liability.

    369:16 Stockholders’ Liability. – Whenever a public utility incorporated under the laws of this state shall apply to the commission for authority to issue any stock requiring the approval of the commission, the stockholders shall not become individually liable for debts and contracts of the corporation under RSA 296:30, if the amount of stock […]

Section 369:2 – Mortgages.

    369:2 Mortgages. – A public utility may, with the approval of the commission but not otherwise, mortgage its present and future property, tangible and intangible including franchises, to secure the payment of its bonds or notes, including any bonds or notes to be thereafter issued under the provisions of such mortgage; provided, however, that […]

Section 369:3 – Application for Leave to Issue.

    369:3 Application for Leave to Issue. – Any such public utility which may apply to the commission for authority to issue such securities shall file with its application a statement in reasonable detail, showing the actual cost already incurred and the estimated cost to be incurred for any of the purposes for which such […]

Section 369:4 – Authorization.

    369:4 Authorization. – The commission, after such hearing or investigation as it may deem proper, shall determine the actual or probable cost incurred or to be incurred; and, if in its judgment the issue of such securities upon the terms proposed is consistent with the public good, it shall authorize the same to an […]

Section 369:6 – Depreciation.

    369:6 Depreciation. – Upon any application for authority to issue securities for the purpose of providing funds for discharging any indebtedness incurred by a public utility in good faith prior to July 1, 1914, in acquiring property, or for other lawful corporate purpose, no deduction shall be made from the cost thereof, as determined […]

Section 369:7 – Short Term Notes.

    369:7 Short Term Notes. – I. No public utility engaged in business within this state shall issue or renew any notes, bonds, or other evidences of indebtedness payable less than 12 months after the date thereof, except as provided in this section, by rules adopted by the commission, or by specific order of the […]

Section 369:8 – Foreign Business.

    369:8 Foreign Business. – I. Public utilities carrying on business both within and without this state shall not be subject to the provisions of RSA 369:1-7 when the stock or obligations are to be issued for the acquisition of property, the construction, completion, extension or improvement of their facilities, or the improvement or maintenance […]

Section 369:9 – Capitalization of Franchises.

    369:9 Capitalization of Franchises. – The commission shall have no power to authorize the capitalization, directly or indirectly, of any franchise to be a corporation, or of any franchise or any right to own, operate or enjoy any franchise whatever in excess of the amount (exclusive of any tax or annual charge) actually paid […]