§ 43-38-1103. Filing, Service and Copying Fees
The office of the secretary of state shall collect the following fees when the documents described in this chapter are delivered for filing; and for purposes of this chapter, no document is considered delivered to the office of the secretary of state for filing unless accompanied by the fee: Document Fee Articles including designation of […]
§ 43-38-1104. Corrections
A cooperative may correct a document filed with the office of the secretary of state, if the document: Contains an incorrect statement; or Was defectively executed, attested, sealed, certified, or acknowledged. A document is corrected: By preparing articles of correction that: Describe the document, including its filing date, or attach a copy of it to […]
§ 43-38-1105. Filing Duty of Secretary of State
If the form and filing of a document delivered to the office of the secretary of state for filing satisfies the requirements of this section, and of all other applicable sections or rules that add to these requirements, then the secretary of state must file it. The secretary of state files a document by stamping […]
§ 43-38-1106. Appeal of Refusal to File Document
If the secretary of state refuses to file a document delivered to the office of the secretary of state for filing, the cooperative may appeal the refusal to the chancery court of Davidson County. The appeal is commenced by petitioning the court to compel filing the document and by attaching to the petition the document […]
§ 43-38-1107. Copy as Evidence
A certificate attached or certification affixed to a copy of a document filed by the secretary of state, bearing the secretary of state’s signature, which may be in facsimile, and the seal of this state, is conclusive evidence that the original document is on file with the secretary of state.
§ 43-38-1108. Penalty for Signing False Document
A person commits a Class B misdemeanor, punishable by a fine not to exceed five hundred dollars ($500), if the person signs a document, knowing it to be false in any material respect with intent that the document be delivered to the office of the secretary of state or other required office for filing. The […]
§ 43-38-1109. Effective Time and Date of Document
Except as provided in subsection (b), and in §§ 43-38-202 and 43-38-1104(c), a document accepted for filing is effective: At the time of filing on the date it is filed by the secretary of state, as evidenced by the office of the secretary of state’s date and time endorsement on the original document; and At […]
§ 43-38-1025. Right to Sue or Defend After Dissolution
After a cooperative has been dissolved, any of its former officers, directors or members may assert or defend, in the name of the cooperative, a claim by or against the cooperative.
§ 43-38-1026. Equitable Relief — Dissolution and Liquidation
A court may grant equitable relief that it deems just and reasonable in the circumstances or may dissolve a cooperative and liquidate its assets and business: In a supervised voluntary dissolution that is applied for by the cooperative; In an action by a member when it is established that: The directors or the persons having […]
§ 43-38-1027. Claims Procedure
A person who is or who becomes a creditor or claimant before, during, or following the conclusion of dissolution proceedings, who does not file a claim or pursue a remedy in a legal, administrative or arbitration proceeding during the pendency of the dissolution proceeding, or has not initiated a legal, administrative, or arbitration proceeding before […]