New Jersey Statutes

N.J. Stat. § 48:3-9 (2026)

Security transactions

✓ current as of May 2026

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48:3-9. a. Except as otherwise provided by subsection b. of this section, no public utility shall, unless it shall have first obtained authority from the board so to do:

(1) Issue any stocks, or any bonds, notes, or other evidence of indebtedness payable more than 12 months after the date or dates thereof, or extend or renew any bond, note, or any other evidence of indebtedness so that any extension or renewal thereof shall be payable later than 12 months after the date of the original instrument ; or

(2) Permit any demand note to remain unpaid for a period of more than 12 months after the date thereof.

The board shall approve any such proposed issue, with or without hearing at its discretion, when satisfied that such issue is to be made in accordance with law and the purpose thereof is approved by the board.

The provisions of this subsection shall not apply to any public utility operating, managing, or controlling a railroad or a railway express which is subject to the rules and regulations from time to time issued by the federal Surface Transportation Board or any successor agency.

The provisions of this subsection shall not apply to autobus public utilities under the jurisdiction of the Department of Transportation.

The provisions of this subsection shall not apply to any solid waste collector as defined in section 3 of P.L.1970, c.40 (C.48:13A-3).

The provisions of this subsection shall not apply to any privately-owned sanitary landfill facility as defined in section 3 of P.L.2003, c.169 (C.48:13A-7.26).

b. Nothing herein shall require the review or approval by the board of any parent or affiliate corporation of a telecommunications company if such parent or affiliate corporation seeks to issue any stocks, bonds, notes, or other evidence of indebtedness payable more than 12 months after the date or dates thereof, or to extend or renew any bond, note, or other evidence of indebtedness so that any extension or renewal thereof shall be payable later than 12 months after the date of the original instrument, or to permit any demand note to remain unpaid for a period of more than 12 months after the date thereof, if the parent or affiliate corporation of 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 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.

Amended 1946, c.220, s.1; 1962, c.198, s.39; 1985, c.232, s.2; 1991, c.381, s.36; 2003, c.169, s.18; 2008, c.87, s.3.

Notes of Decisions

Cited in 3 cases, 1981–2019 · leading case: Matter of Lake Hopatcong Water Corp., 15 B.R. 411 (Bankr. D.N.J. 1981).

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Matter of Lake Hopatcong Water Corp., 15 B.R. 411 (Bankr. D.N.J. 1981). · cites it 4× “The authorization of the BPUC was required by the provisions of N.J.S.A. 48:3-9 since the loan to be made was to be payable more than twelve (12) months after the date of issuance.”

Johnson v. Comm'r, 44 T.C.M. 1076 (Tax Ct. 1982). “With these preliminary observations, we now proceed to our consideration of this issue.”

Future Sanitation, Inc. v. Evergreen Nat'l Indem. Co. (D.N.J. 2019). · cites it 4× “) Second, Future Sanitation argues the Notes are similarly void under section 48:3-9 because they were payable more than twelve months after their issue date, and Sternberg did not obtain Board approval under the statute.”

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