(a)
Requirement to obtain
affidavits. The term "transfer" as used in this subchapter shall be
deemed to include a sale, transfer or exchange of stock or the creation of a
beneficial, legal or equitable interest therein, including, but not limited to,
transfers by or between straws, nominees or dummys, transfers for or among
voting trusts, agreements or pools, the giving or creation of options, pledges
or rights of redemption, transfers in trust or escrow or the creation of other
similar direct or choate interest. Whenever a transfer of stock of a
corporation which is licensed by the Commission, or of a corporation which
leases to the licensee the track at which it conducts pari-mutuel thoroughbred
horse races, or which owns 25% or more of the stock of the licensee shall be
made to an individual, the corporation shall obtain contemporaneously with the
transfer, whether original issuance or otherwise, an affidavit, in duplicate,
executed by each individual setting forth:
(1)
Name.
(2) Address.
(3) Age (not applicable in case of nonvoting
stock).
(4) Occupation (not
applicable in case of nonvoting stock).
(5) The number and class of shares being
transferred.
(6) Whether he is and
will be the sole beneficial owner of the stock.
(7) Whether he has been convicted of a crime
involving moral turpitude.
(8)
Whether he has ever been engaged in bookmaking or other forms of illegal
gambling.
(9) Whether he has ever
been found guilty of fraud or misrepresentation in connection with racing or
breeding.
(10) Whether he has ever
been guilty of a violation or attempt to violate a law, rule or regulation of a
racing jurisdiction, for which suspension from racing might be imposed in the
jurisdiction.
(11) Whether he has
ever violated this part or an order of the Commission.
(12) That he does not hold an elected office
in the Commonwealth or a political subdivision thereof; is not employed by the
Commonwealth or a political subdivision thereof; and is not a member of a
National party committee, a chairperson, vice-chairperson, secretary,
treasurer, counsel or member of an executive committee of a State committee, a
county chairperson, vice-chairperson, counsel, secretary or treasurer of a
county committee, or a city chairperson, vice-chairperson, counsel, secretary
or treasurer of a city committee.