49-U.S.C.-24304
§24304 – Employee Stock Ownership Plans
Pathway
Title 49 > Subtitle V > Part C > Chapter 243 > Section 24304
Details
- Reference: Section 24304
- Legend: §24304 – Employee Stock Ownership Plans
- USCode Year: 2013
Provision Content
In issuing stock pursuant to applicable corporate law, Amtrak is encouraged to include employee stock ownership plans.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 908; Pub. L. 105–134, title IV, §415(a)(1), Dec. 2, 1997, 111 Stat. 2590.)
| Revised Section |
Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 24304(a) | 45:544(a) (1st sentence, last sentence words before (A), (A) (1st sentence), (B)(i) (1st sentence)). | Oct. 30, 1970, Pub. L. 91–518, §304(a), 84 Stat. 1331; Aug. 13, 1981, Pub. L. 97–35, §1175(1), (2), 95 Stat. 691. |
| 24304(b) | 45:544(a) (2d sentence). | |
| 45:544(b). | Oct. 30, 1970, Pub. L. 91–518, §304(b), 84 Stat. 1332; Oct. 28, 1974, Pub. L. 93–496, §2, 88 Stat. 1526. | |
| 24304(c) | 45:544(a) (last sentence words before (A), (A) (last sentence), (B)(i) (last sentence), (ii), (iii)). | |
| 24304(d)(1) | 45:544(c)(1), (2). | Oct. 30, 1970, Pub. L. 91–518, §304(c)(1), (2), 84 Stat. 1332; restated Aug. 13, 1981, Pub. L. 97–35, §1175(3), 95 Stat. 691. |
| 24304(d)(2) | 45:544(c)(3). | Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, §304(c)(3); added Apr. 7, 1986, Pub. L. 99–272, §4003, 100 Stat. 107. |
| 24304(d)(3) | 45:544(c)(4). | Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, §304(c)(4); added Oct. 27, 1992, Pub. L. 102–533, §5, 106 Stat. 3517. |
| 24304(e) | 45:544(e)(2). | Oct. 30, 1970, Pub. L. 91–518, §304(d), (e), 84 Stat. 1332; restated Aug. 13, 1981, Pub. L. 97–35, §1175(4), 95 Stat. 691. |
| 24304(f) | 45:544(d). | |
| 24304(g) | 45:544(e)(1). |
In subsection (a), before clause (1), the words issue and are omitted because they are included in have outstanding. The words in such amounts as it shall determine are omitted as surplus. The words one issue of common stock and one issue of preferred stock are substituted for two issues of capital stock, a common and a preferred for clarity. In clause (1), the word designated is omitted as surplus.
In subsection (b)(1)(A), the words may not hold are substituted for may be issued and held only by any person other than to eliminate unnecessary words.
In subsections (b)(1)(B) and (c), the words as defined in section 10102(6) of title 49 are omitted because of the definition of rail carrier in section 24102 of the revised title.
In subsection (b)(1)(B), the words after the initial issue is completed are omitted as executed. The words single and directly or indirectly through subsidiaries or affiliated companies, nominees, or any person subject to its direction or control are omitted as surplus. The words may vote not more than one-third of the total number of shares of outstanding common stock of Amtrak are substituted for At no time . . . shall the aggregate of the shares of common stock of the Corporation voted by . . . exceed 331/3 per centum of such shares issued and outstanding to eliminate unnecessary words.
In subsection (b)(2), the words Additional common stock are substituted for a number of shares in excess of 331/3 per centum of the total number of common shares issued and outstanding, such excess number to eliminate unnecessary words. The words issued and are omitted because they are included in outstanding.
Subsection (c)(1) is substituted for Dividends shall be fixed at a rate not less than 6 per centum per annum, and shall be cumulative to eliminate unnecessary words.
In subsection (c)(2), the text of 45:544(a) (last sentence) (A) (last sentence) and the words for any dividend period and at the rate fixed in the articles of incorporation are omitted as surplus.
In subsection (c)(3), the words holders of preferred stock are substituted for preferred stockholders, and the words holders of common stock are substituted for common stockholders, for consistency in this chapter.
In subsection (c)(4), the words at such time and upon such terms as the articles of incorporation shall provide are omitted as surplus.
In subsection (d)(1), the text of 45:544(c)(1) and the words Commencing on October 1, 1981 are omitted as executed. The words and in consideration of receiving further Federal financial assistance, of the United States Government, additional, and of funds are omitted as surplus.
In subsection (d)(3), the words required to be issued are omitted as surplus.
Subsection (e) is substituted for 45:544(e)(2) to eliminate unnecessary words.
In subsection (f), the words in addition to the stock authorized by subsection (a) of this section, securities, bonds, debentures, notes, and other, and as it may determine are omitted as surplus.
Subsection (g) is substituted for 45:544(e)(1) to eliminate unnecessary words.
Amendments
1997—Pub. L. 105–134 amended section catchline and text generally, substituting provisions relating to employee stock ownership plans for provisions relating to capitalization of Amtrak.
Amtrak Stock
Pub. L. 105–134, title IV, §415(b), (c), Dec. 2, 1997, 111 Stat. 2590, provided that:
(b) Redemption of Common Stock.—Amtrak shall, before October 1, 2002, redeem all common stock previously issued, for the fair market value of such stock.
(c) Elimination of Liquidation Preference and Voting Rights of Preferred Stock.—(1)(A) Preferred stock of Amtrak held by the Secretary of Transportation shall confer no liquidation preference.
(B) Subparagraph (A) shall take effect 90 days after the date of the enactment of this Act [Dec. 2, 1997].
(2)(A) Preferred stock of Amtrak held by the Secretary of Transportation shall confer no voting rights.
(B) Subparagraph (A) shall take effect 60 days after the date of the enactment of this Act.
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