§212 — Title 47 Telegraphs, Telephones, and Radiotelegraphs | U.S. Code

Summary

A person must not be an officer or director of more than one carrier covered by this chapter unless the Commission allows it. The Commission can allow it if the person follows the Commission’s rules and shows that no public or private interests will be harmed. The Commission may also allow shared officers or directors without those rules when one carrier owns more than 50 percent of another, or when the same person owns 50 percent or more of the stock of all the carriers. Once the law takes effect, officers and directors must not personally get any money or thing of value from negotiating, pledging (using as collateral), or selling their carrier’s securities. They also must not share in the proceeds of those sales or take part in making or paying dividends from funds that are part of the carrier’s capital account.

Title 47, §212

Telegraphs, Telephones, and Radiotelegraphs — Source: USLM XML via OLRC

It shall be unlawful for any person to hold the position of officer or director of more than one carrier subject to this chapter, unless such holding shall have been authorized by order of the Commission, upon due showing in form and manner prescribed by the Commission, that neither public nor private interests will be adversely affected thereby: Provided, That the Commission may authorize persons to hold the position of officer or director in more than one such carrier, without regard to the requirements of this section, where it has found that one of the two or more carriers directly or indirectly owns more than 50 per centum of the stock of the other or others, or that 50 per centum or more of the stock of all such carriers is directly or indirectly owned by the same person. After this section takes effect it shall be unlawful for any officer or director of any carrier subject to this chapter to receive for his own benefit directly or indirectly, any money or thing of value in respect of negotiation, hypothecation, or sale of any securities issued or to be issued by such carrier, or to share in any of the proceeds thereof, or to participate in the making or paying of any dividends of such carriers from any funds properly included in capital account.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in text, was in the original “this Act”, meaning act June 19, 1934, ch. 652, 48 Stat. 1064, known as the Communications Act of 1934, which is classified principally to this chapter. For complete classification of this Act to the Code, see section 609 of this title and Tables.

Amendments

1994—Pub. L. 103–414 substituted “It shall” for “After sixty days from June 19, 1934, it shall”. 1956—Act Aug. 2, 1956, inserted proviso that Commission may authorize persons to hold position of officer or director in more than one carrier, where carrier owns more than 50 percent of the stock of the other carriers, or that 50 percent or more of the stock of all such carriers is owned by the same person, struck out “such” before “carrier” in sentence after proviso, inserted “subject to this chapter” after that word, and substituted “carriers” for “carrier” toward end of said sentence.

§212 Interlocking Directorates; Officials Dealing in Securities