Section 77. Time of payment of subscription or capital contributions  


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  • 1.
      Subscriptions to the shares or income debentures of  a  housing  company
      organized  as  a  corporation  shall  be  paid at such times and in such
      installments as the board of directors and the commissioner may require.
      If any default shall be made in the payment of  any  installment  as  so
      required,  the  board  of  directors  may  enforce  said subscription by
      appropriate action and upon their failure so to do said subscription may
      be enforced by the commissioner. At the option of the board of directors
      with the consent of the commissioner, the board of  directors  may  upon
      such  default  declare  the shares or income debentures and all previous
      payments thereon forfeited, after the expiration of twenty days from the
      service on the defaulting shareholder personally, or by mail directed to
      him at his address as shown on the books of the housing  company,  of  a
      written notice requiring him to make payment within twenty days from the
      service  of the notice at a place specified therein and stating that, in
      case of failure to do so,  his  shares  or  income  debentures  and  all
      previous  payments  thereon  will  be  forfeited.  Such shares or income
      debentures if forfeited may be reissued or reoffered  for  subscription.
      If  a  receiver  of  the  housing company has been appointed, all unpaid
      subscriptions shall be paid at such times and in  such  installments  as
      such receiver or the court may direct.
        2.   Capital  contributions  to  a  housing  company  organized  as  a
      partnership (general or limited) or a trust shall be paid at such  times
      and  in  such  installments  as  shall  be  provided  by the partnership
      agreement or  trust  agreement.  Such  partnership  agreement  or  trust
      agreement  shall  contain  provisions  for  enforcement of the terms and
      conditions thereof by the partners or trustees, or upon their failure to
      do so, by the commissioner, if any payment  so  required  shall  not  be
      made.  If  a  receiver  of  the  housing company has been appointed, all
      unpaid capital contributions shall be paid at such  times  and  in  such
      installments as such receiver or the court may direct.