Section 630. Liability of shareholders for wages due to laborers, servants or employees


Latest version.
  • (a) The ten largest shareholders, as determined by the fair  value  of
      their beneficial interest as of the beginning of the period during which
      the  unpaid services referred to in this section are performed, of every
      corporation (other than an investment company registered as  such  under
      an act of congress entitled "Investment Company Act of 1940"), no shares
      of  which  are  listed  on  a  national securities exchange or regularly
      quoted in an over-the-counter  market  by  one  or  more  members  of  a
      national  or  an  affiliated  securities  association, shall jointly and
      severally be personally liable for all debts, wages or salaries due  and
      owing  to  any  of  its  laborers,  servants  or  employees  other  than
      contractors, for services performed by them for such corporation. Before
      such laborer, servant or employee shall charge such shareholder for such
      services, he shall give notice in writing to such  shareholder  that  he
      intends  to  hold  him  liable under this section.  Such notice shall be
      given within one hundred and  eighty  days  after  termination  of  such
      services,  except  that  if, within such period, the laborer, servant or
      employee demands an examination of  the  record  of  shareholders  under
      paragraph  (b)  of  section 624 (Books and records; right of inspection,
      prima facie evidence), such notice may be given within sixty days  after
      he has been given the opportunity to examine the record of shareholders.
      An  action  to  enforce  such liability shall be commenced within ninety
      days  after  the  return  of  an  execution  unsatisfied   against   the
      corporation upon a judgment recovered against it for such services.
        (b) For the purposes of this section, wages or salaries shall mean all
      compensation  and  benefits payable by an employer to or for the account
      of the employee for personal services rendered by such employee.   These
      shall  specifically  include  but  not be limited to salaries, overtime,
      vacation, holiday  and  severance  pay;  employer  contributions  to  or
      payments  of  insurance  or  welfare benefits; employer contributions to
      pension or annuity funds; and any other moneys properly due  or  payable
      for services rendered by such employee.
        (c) A shareholder who has paid more than his pro rata share under this
      section  shall  be  entitled  to  contribution  pro  rata from the other
      shareholders liable under this section with respect  to  the  excess  so
      paid,  over  and  above  his pro rata share, and may sue them jointly or
      severally or any number of them to recover the  amount  due  from  them.
      Such  recovery  may  be  had  in  a  separate  action.  As  used in this
      paragraph, "pro rata" means in proportion to beneficial share  interest.
      Before  a  shareholder  may  claim  contribution from other shareholders
      under this paragraph, he shall, unless they have been given notice by  a
      laborer,  servant  or  employee under paragraph (a), give them notice in
      writing that he intends to hold them so liable to him. Such notice shall
      be given by him within twenty days after the date that notice was  given
      to him by a laborer, servant or employee under paragraph (a).