New Jersey § 48:3-10

§ 48:3-10.

a. Except as otherwise provided by subsection b. of this section, no public utility incorporated under the laws of this State shall sell, nor shall any

such public utility make or permit to be made upon its books any transfer of any share

or shares of its capital stock, to any other public utility, unless authorized to

do so by the board. Nor shall any public utility incorporated under the laws of this State sell any

share or shares of its capital stock or make or permit any transfer thereof to be

made upon its books, to any corporation, domestic or foreign, or any person, the result

of which sale or transfer in itself or in connection with other previous sales or

transfers shall be to vest in such corporation or person a majority in interest of

the outstanding capital stock of such public utility corporation unless authorized

to do so by the board. Every assignment, transfer, contract , or agreement for assignment or transfer, by or through any person or corporation

to any corporation or person in violation of any of the provisions hereof shall be

void and of no effect, and no such transfer shall be made on the books of any public

utility corporation. Nothing herein contained shall be construed to prevent the holding of stock lawfully

acquired before March 5, 1935. Where, by the proposed assignment, transfer, contract, or agreement for assignment

or transfer of capital stock as set forth herein, it appears that the public utility

or a wholly owned subsidiary thereof may be unable to fulfill its obligation to any

employees thereof with respect to pension benefits previously enjoyed, whether vested

or contingent, the board shall not grant its authorization unless the public utility

seeking the board's authorization assumes such responsibility as will be sufficient

to provide that all such obligations to employees will be satisfied as they become

due. Nothing herein shall require the approval of the Department of Transportation to any

sale or transfer by any public utility of any share or shares of its capital stock

to the New Jersey Transit Corporation or any subsidiary thereof for public use. b. Nothing herein shall require the review and approval by the board of any parent

or affiliate corporation of a telecommunications company if such parent or affiliate

corporation seeks to sell, or to make or permit to be made upon its books any transfer

of any share or shares of its capital stock, to any other public utility, if the telecommunications

company which seeks to engage in any of the aforementioned transactions does not itself

provide regulated telecommunications services over a telecommunications network or

telephone access line service, but does directly or through one or more affiliates

own a controlling interest in such a telecommunications network or does otherwise

control or exercise responsibility for, through any arrangement, the management and

operation of such a telecommunications network, or owns a controlling interest in

a telecommunications company that provides regulated telecommunications service or

telephone access line service.