Page:United States Statutes at Large Volume 52.djvu/936

 52 STAT.] 75TH CONG. , 3D SESS.-CH. 575-JUNE 22, 1938 895 "SEC. 209. Any creditor or stockholder may in a proceeding under Right of creditor or stockholder to act by this chapter act in person, by an attorney at law, or by a duly author- attorney, etc tby ized agent or committee. "SEC. 210. An attorney for creditors or stockholders shall not be Information to be heard unless he has first filed with the court a statement setting heys. forth the names and addresses of such creditors or stockholders, the nature and amounts of their claims or stock, and the time of acqui- sition thereof, except as to claims or stock alleged to have been acquired more than one year prior to the filing of the petition. "SEC. 211. Every person or committee, representing more than Statements by cer- twelve creditors or stockholders, and every indenture trustee, who or indePtureetstt appears in the proceeding shall file with the court a statement, under c o ntents. oath, which shall include- "(1) a copy of the instrument, if any, whereby such person, com- mittee, or indenture trustee is empowered to act on behalf of credi- tors or stockholders; "(2) a recital of the pertinent facts and circumstances in con- nection with the employment of such person or indenture trustee, and, in the case of a committee, the name or names of the person or persons at whose instance, directly or indirectly such employ- ment was arranged or the committee was organized or formed or agreed to act; "(3) with reference to the time of the employment of such per- son, or the organization or formation of such committee, or the appearance in the proceeding of any indenture trustee, a showing of the amounts of claims or stock owned by such person, the mem- bers of such committee or such indenture trustee, the times when acquired, the amounts paid therefor, and any sales or other dispo- sition thereof; and "(4) a showing of the claims or stock represented by such per- son or committee and the respective amounts thereof, with an aver- ment that each holder of such claims or stock acquired them at least one year before the filing of the petition or with a showing of the times of acquisition thereof. "SEC. 212. The judge may examine and disregard any provision Powers ofjudge. of a deposit agreement, proxy, power or warrant of attorney, trust mortgage, trust indenture, or deed of trust, or committee or other authorization, by the terms of which an agent, attorney, indenture trustee, or committee purports to represent any creditor or stock- holder, may enforce an accounting thereunder, may restrain the exercise of any power which he finds to be unfair or not consistent with public policy and may limit any claim or stock acquired by such person or committee in contemplation or in the course of the proceeding under this chapter to the actual consideration paid therefor. "SEC. 213. Without limiting the powers of the judge under sec- Agents, etc., of cred- tion 212 of this Act, an agent, indenture trustee, or committee, pur- eor re takireentspr porting to represent creditors or stockholders, shall not be heard or p ro edi ing. allowed to intervene in a proceeding under this chapter until such person or persons shall have satisfies the court that they have com- plied with all applicable laws regulating the activities and person- nel of such persons. "ARrTIC X-PROVISIONS OF PLAN "SEc. 216. A plan of reorganization under this chapter- "(1) shall include in respect to creditors generally or some class of them, secured or unsecured, and may include in respect to stock- Provisions of plan. Contents. Rights of creditors, etc.

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