The Vermont Statutes Online

Title 11: Corporations, Partnerships and Associations

Chapter 005: Scrip Corporations

• § 921. General provisions

  Subject to the additional or varied requirements of this chapter, a corporation may be formed pursuant to the provisions of the general corporation law for the sole purpose of issuing scrip and to provide security therefor and to do all things necessary or convenient thereto.

• § 922. Certificate of public good

  The corporators shall file with the articles of association a certificate of the Commissioner of Financial Regulation that the formation of such corporation is in his or her opinion for the public good. No such corporation shall be formed unless such corporation is in his or her opinion for the public good. No such corporation shall be formed unless such certificate has been furnished and so filed. Such corporation may be formed without capital stock, and the trustees and the clerk shall be appointed by the Governor for the term of two years and until their successors are appointed and qualify. All such trustees shall be citizens of this State. (Amended 1989, No. 225 (Adj. Sess.), § 25(b); 1995, No. 180 (Adj. Sess.), § 38(a); 2011, No. 78 (Adj. Sess.), § 2, eff. April 2, 2012.)

• § 923. Definitions

  (a) “Scrip” as used in this chapter includes certificates having no fixed maturity, transferable by delivery, and payable to bearer in lawful currency when realized out of the assets pledged to secure such scrip. It does not include notes.

  (b) “Scrip corporation” includes any person or corporation lawfully issuing scrip.

• § 924. Examination; bonds

  A corporation formed under the provisions of this chapter shall be subject to examination by the Commissioner of Financial Regulation, hereinafter called the Commissioner, in the manner provided by 8 V.S.A. § 503. The Commissioner shall issue and from time to time alter and revoke rules and regulations governing the conduct of the business of such corporation. He or she may require the officers thereof to furnish bonds and may fix the amount thereof. (Amended 1989, No. 225 (Adj. Sess.), § 25(b); 1995, No. 180 (Adj. Sess.), § 38(a); 2011, No. 78 (Adj. Sess.), § 2, eff. April 2, 2012.)

• § 925. Consent of Commissioner required

  A person or corporation shall not issue scrip or notes or certificates having no fixed maturity payable to bearer in currency or other scrip without the consent of the Commissioner. But nothing herein shall prevent the issuance and use of bills of exchange, notes, or checks, or town orders for the usual and customary purposes thereof.

• § 926. Redemption

  Scrip shall not be issued unless its redemption is secured by:

  (1) Short-term notes and obligations of towns, cities, or other municipalities lawfully issued to such scrip corporation as hereinafter provided. Scrip may be issued to the amount of the face of such notes or obligations, exclusive of interest.

  (2) The direct obligations of this State or of the United States; and scrip shall not be issued against the security of such obligations in excess of 75 percent of the face thereof or the market value thereof, whichever is the lesser.

  (3) Deposits in banks having their principal place of business within this State and approved by the Commissioner. Scrip may not be issued against the security of such deposits to an amount in excess of one-third of the principal of such deposits assigned to the scrip corporation. The Commissioner may adopt rules limiting the percentage and maximum amount and providing for the minimum amounts exceeding the usual percentage of any single bank deposit which may be so assigned as security. Such amount and percentages may be varied with respect to the class of deposits, whether savings or commercial or on certificate of deposit, and also with respect to the amount of such deposits. (Amended 2015, No. 23, § 102.)

• § 927. Limitation of amount of scrip issued

  The Commissioner may adopt rules governing and limiting the amount of scrip which may be issued against any one or all of the classes of security mentioned in section 926 of this title. (Amended 2015, No. 23, § 103.)

• § 928. Issuance; rights of holders; liquidations; actions

  A corporation authorized to issue scrip may issue the same to such persons, including corporations and municipalities, as assign to it securities enumerated in section 926 of this title, subject, however, to such limitations as are imposed by this chapter or any rules and regulations lawfully prescribed thereunder. All persons accepting such scrip shall take the same subject to the right of the State by statute or by rules, regulations, and orders of the Commissioner to regulate, control, and modify the rights and obligations under and with respect to such scrip for the equal protection of all holders and the public welfare or safety. Included within the foregoing shall be the power to provide for liquidation and distribution of the security for such scrip, to fix maturity dates, and to provide for actions and limitations thereon with respect to the same.

• § 929. Redemption right

  If scrip is issued in return for bonds of this State or of the United States, the issuing corporation shall give a receipt for such bonds. Within the time named in such receipt and under such rules as the Commissioner may prescribe, the holder of such receipt may present the same together with scrip to the amount advanced, or lawful money to the amount named therein, and receive the bonds named in such receipt, exclusive of accrued interest on such bonds from date of deposit to date of maturity. Such redemption right shall not extend for more than one year unless renewed with the consent of the Commissioner.

• § 930. Borrowing scrip by municipal corporations

  All municipal corporations whether incorporated by special act or under general law may borrow scrip from the issuing corporation upon their promissory notes payable both principal and interest in scrip within one year, but not to an amount in any one year greater than one-half the taxes voted or assessed during such year. When such notes are paid, scrip to the amount of such payments shall be retired and not reissued unless against new security.

• § 931. Use of scrip in payment of taxes or wages

  Scrip issued under this chapter shall be received at the face value thereof in payment of taxes due to any municipality and may be issued by any municipality in the payment of wages and salaries hereafter accruing or, by agreement with the other contracting party, for any other purpose.

• § 932. Indebtedness pledged to secure scrip

  All evidences of indebtedness pledged to secure scrip shall be delivered and held by the corporation issuing such scrip in trust to secure the redemption thereof in legal tender. All bank deposits securing scrip shall be assigned to such issuing corporation and by it held in trust as herein provided, but the interest and income on such pledged securities and on one-third of such assigned bank deposits may be used to defray the expenses of such corporation and to create a reserve and surplus for future expenses and redemption of scrip.

• § 933. Security and redemption funds

  Portions of bank deposits assigned to the scrip corporation shall be transferred on the books of the bank or trust company to such corporation and each portion so transferred shall be divided into two parts: a one-third part and a two-thirds part. The one-third part, hereinafter called the trust redemption part, both principal and interest, shall be the absolute property of such scrip corporation. The principal, but not the interest, of the two-thirds part, hereinafter called the security part, shall be deemed to be pledged to such scrip corporation to be used proportionately with all other bank or trust company deposits so pledged to it, to make up any deficiency in the trust fund needed to redeem all outstanding scrip. From time to time, the Commissioner may issue such regulations and orders as he or she may deem necessary for the protection of the holders of such scrip, requiring such percentage of such security fund, theretofore or thereafter accruing, to be paid into the redemption trust fund of such scrip corporation, or releasing from the lien aforesaid all or any part of the security fund accordingly as he may deem that all or any part of such security fund is no longer needed. Any part of the security fund released from the lien aforesaid shall be the absolute property of the assignor.

• § 934. Bank deposits left with bank

  Bank deposits assigned under the provisions of this chapter in consideration and as security for scrip, except as otherwise directed by the Commissioner, shall remain on deposit in the same bank where originally deposited, but with the Commissioner’s consent, may be transferred to deposits classified as new savings deposits. Whenever deposits which bear no interest are assigned to such scrip corporation, they may be withdrawn under rules and regulations prescribed by the Commissioner, and placed at interest, unless such corporation and such depository with the consent of the Commissioner enter into an agreement for the payment of interest thereon.

• § 935. Redemption; action against corporation limited

  At such time or times as he or she may think proper, the Commissioner may require such scrip corporation to redeem in lawful currency the scrip issued by it. Such order may require such scrip to be redeemed all at one time or part only at one time, and in such manner as the Commissioner may direct, until all of such scrip presented for payment has been redeemed. No holder of scrip shall have an action for the collection thereof against the scrip corporation except to enforce rights established by such order.

• § 936. Surplus monies belong to State

  Any monies remaining in the hands of a scrip corporation formed under this chapter, after all scrip entitled to payment has been redeemed, shall become the property of the State.

• § 937. Enjoining issuance of scrip

  On complaint brought by the Commissioner in the Superior Court within and for the county of Washington, a person issuing scrip in violation of this chapter shall be enjoined from issuing further scrip and required to redeem forthwith scrip already issued, and the terms of this chapter and rules and regulations issued hereunder may be enforced. (Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)

• § 938. Penalties

  A person violating a provision of this chapter or a regulation hereunder shall be fined not more than $1,000.00 or imprisoned not more than one year, or both.