Section 31-A. Resale price of shares  


Latest version.
  • Notwithstanding any other provision of
      this  article  and  subject to any regulation not inconsistent with this
      section which may be promulgated  by  the  commissioner  or  supervising
      agency:
        (a)  The  resale price of shares in a mutual company shall be fixed by
      the mutual company, subject to  the  approval  of  the  commissioner  or
      supervising  agency  and  shall  be  equal  to (1) the consideration the
      selling tenant-cooperator paid for  such  shares  and  (2)  any  capital
      assessments   and   voluntary  capital  contributions  approved  by  the
      commissioner  or  supervising   agency   and   paid   by   the   selling
      tenant-cooperator  to  the  mutual  company,  to  the extent not already
      included in the consideration paid for such shares, and, if  established
      by the mutual company, (3) a proportionate share of the actual aggregate
      amortization  paid on all existing and prior mortgages on the project in
      reduction of total outstanding principal indebtedness during such period
      as shall be fixed by the board of directors of the  mutual  company,  to
      the  extent  not  already  included  in  the consideration paid for such
      shares, and (4) reasonable administrative charges.
        (b) The aggregate amount to be paid to the  selling  tenant-cooperator
      with respect to the sale of the selling tenant-cooperator's shares shall
      be fixed by the board of directors of the mutual company, subject to the
      approval  of  the commissioner or supervising agency, and shall be equal
      to (1) the consideration the selling  tenant-cooperator  paid  for  such
      shares,  (2) any capital assessments and voluntary capital contributions
      approved by the commissioner or  supervising  agency  and  paid  by  the
      selling  tenant-cooperator  to  the  mutual  company,  to the extent not
      already included in the consideration paid for such shares,  and  (3)  a
      proportionate  share  of  the  actual aggregate amortization paid by the
      selling tenant-cooperator on all existing and  prior  mortgages  on  the
      project  in reduction of total outstanding principal indebtedness during
      such period as shall be fixed by the  board  of  directors  pursuant  to
      subdivision  (a)  of this section, to the extent not already included in
      the consideration paid for such shares. To the  extent  that  a  selling
      tenant-cooperator  may  be  entitled  to  an amount less than the resale
      price of his shares, the difference shall  be  retained  by  the  mutual
      company.
        (c)  The  board  of  directors  may,  subject  to  the approval of the
      commissioner or supervising agency, establish a general policy  pursuant
      to  which  a  selling  tenant-cooperator  who had occupied more than one
      dwelling unit is paid an amount measured by his proportionate  share  of
      the actual aggregate amortization paid during his period of occupancy on
      all  existing  or  prior  mortgages on the project. To the extent that a
      selling tenant-cooperator may be entitled to an amount greater than  the
      resale  price  of  shares,  the  difference  may  be paid to the selling
      tenant-cooperator by the mutual company.
        (d) The "proportionate share of the actual aggregate amortization paid
      on all existing and prior mortgages  on  the  project"  referred  to  in
      subdivision  (a)  of  this  section  shall  be in the same ratio to such
      actual aggregate amortization as  the  number  of  shares  held  by  the
      selling  tenant-cooperator at the time of sale bears to the total number
      of shares of issued and outstanding capital stock of the mutual  company
      during such period.
        (e) Nothing contained in this section shall prohibit the continued use
      of  any  method  of calculating resale price adopted by a mutual company
      and approved by the commissioner or  supervising  agency  prior  to  the
      effective date of this section.