§ 37-4-7 — Application to Issue Securities or Assume Obligations - When Required; Order of Commission

Alabama § 37-4-7

• Jurisdiction: Alabama
• Title 37: Public Utilities and Public Transportation
• Ch. 4: Public Utilities Other Than Transportation Companies or Motor Vehicle Carriers
• Art. 1: Rate and Other Regulations

Text

No utility shall issue any securities, or assume any obligation or liability, as lessor, lessee, guarantor, endorser, surety or otherwise, in respect to the securities of any other person unless and until, and then only to the extent that, upon application by the utility, and after investigation by the commission of the purposes and uses of the proposed issue, and the proceeds thereof, or of the proposed assumption of obligation or liability in respect of the securities of any other person, the commission by order authorizes such issue or assumption. The commission shall make such order only if it finds that such issue or assumption is for some lawful object within the corporate purposes of the utility, is compatible with the public interest, is necessary or appropriate for or consistent with the proper performance by the utility of its service to the public as such utility and will not impair its ability to perform that service and is reasonably necessary and appropriate for such purpose. Any such order of the commission shall specify the purposes for which any such securities or the proceeds thereof may be used by the utility making such application.

Legislative History

(Acts 1920, No. 37, p. 38; Code 1923, §9744; Code 1940, T. 48, §309.)