Page:1887 Compiled Laws of Dakota Territory.pdf/1149

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Fraudulent Insolvencies.
PENAL CODE.
§§ 6841-6844

CHAPTER 52.

FRAUDULENT INSOLVENCIES BY CORPORATIONS, AND OTHER FRAUDS IN THEIR MANAGEMENT.

Section.

6841. Fraud in subscription for stock.

6842. Fraud in procuring organization of stock company.

6843. Unauthorized use of names.

6844. Unauthorized loans in banks.

6845. Loans not invalid.

6846. Sale of bank notes.

6847. Circulating excess of bank notes

6848. Officer making guarantee or indorsement.

6849. Overdrawing account at bank.

6850. Insolvent banker cannot receive deposits.

6851. Omitting to enter receipt.

6852. Destroying or falsifying books.

Section.

6853. Publishing false reports of corporation.

6854. Refusing to permit inspection of books.

6855. Insolvencies deemed fraudulent.

6856. How punishable.

6857. Violation of duty by officer of corporation.

6858. Director presumed to have knowledge.

6859. Directors presumed to have assented, when.

6860. Same-When director was absent from meeting.

6861. Foreign corporations.

6862. Director defined.

Fraud in subscription for stock.
s. 639, Pen. C.

§ 6841. Every person who signs the name of a fictitious person to any subscription for, or agreement to take stock in any corporation, existing or proposed; and every person who signs, to any subscription or agreement, the name of any person, knowing that such person has not means or does not intend in good faith to comply with all the terms thereof, or under any understanding or agreement that the terms of such subscription or agreement are not to be complied with or enforced, is guilty of a misdemeanor.

Fraud in procuring organization of stock company.
s. 640, Pen. C.

§ 6842. Every officer, agent or clerk of any corporation, or of any persons proposing to organize a corporation, or to increase the capital stock of any corporation, who knowingly exhibits any false, forged or altered book, paper, voucher, security or other instrument of evidence to any public officer or board authorized by law to examine the organization of such corporation, or to investigate its affairs, or to allow an increase of its capital with intent to deceive such officer or board in respect thereto, is punishable by imprisonment in the territorial prison not exceeding ten years, and not less than three years.

Unauthorized use of names.
s. 641, Pen. C.

§ 6843. Every person who, without being authorized so to do, subscribes the name of another to, or inserts the name of another in any prospectus, circular or other advertisement or announcement of any corporation or joint stock association existing or intended to be formed, with intent to permit the same to be published, and thereby to lead persons to believe that the person whose name is so subscribed is an officer, agent, member or promoter of such corporation or association, is guilty of a misdemeanor.

Unauthorized loans in banks.
s. 643, Pen. C.

§ 6844. Every director of any corporation having banking powers, who concurs in any vote or act of the directors of such corporation, or any of them, by which it is intended, either:

1. To make any loan or discount, by which the whole amount of the loans and discounts of the corporation is made to exceed three times its capital stock then paid in and actually possessed; or,

2. To make any loan or discount to any director of such corporation, or upon paper upon which any such director is responsible, to an amount exceeding in the aggregate one-third of the capital stock of such corporation, then paid in and actually possessed,

Is guilty of a misdemeanor.

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