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Home » US Law » 2022 West Virginia Code » Chapter 19. Agriculture » Article 4. Cooperative Associations

§19-4-1. Definitions

As used in this article: (a) "Agricultural products" means horticultural, viticultural, forestry, dairy, livestock, poultry, bee and any farm products in their natural form or processed. (b) "Goods and services" means food and beverages, arts and crafts, woodworking and furniture-making, and recycling, composting and repurposing materials. (c) "Member" means a member of an association without […]

§19-4-10. Directors

(a) The affairs of the association shall be managed by a board of not less than three directors, elected by the members or stockholders. (b) The bylaws may provide that the territory in which the association has members shall be divided into districts and that the directors be elected either directly or by district delegates […]

§19-4-11. Officers

The directors shall elect from their number a president and one or more vice presidents. They shall also elect a secretary and a treasurer, who need not be directors or members of the association; and they may combine the two latter offices and designate the combined office as secretary-treasurer; or unite both functions and titles […]

§19-4-12. Officers, Employees and Agents to Be Bonded

Every officer, employee and agent handling funds or negotiable instruments or property of or for any association created hereunder shall be required to execute and deliver adequate bonds for the faithful performance of his duties and obligations.

§19-4-14. Removal of Officer or Director

Any member may bring charges against an officer or director by filing them in writing with the secretary of the association, together with a petition signed by five percent of the members, requesting the removal of the officer or director in question. The removal shall be voted upon at the next regular or special meeting […]

§19-4-15. Referendum

Upon demand of one third of the entire board of directors, made immediately and so recorded, at the same meeting at which the original motion was passed, any matter of policy that has been approved or passed by the board must be referred to the entire membership or the stockholders for decision at the next […]

§19-4-16. Marketing Contract

The association and its members may take and execute marketing contracts, requiring the members to sell, for any period of time, not over twenty years, all or any specified part of their agricultural products, goods and services or specified commodities exclusively to or through the association, or any facilities to be created by the association. […]

§19-4-17. Remedies for Breach of Contract

The bylaws or the marketing contract may fix, as liquidated damages, specific sums to be paid by the member or stockholder to the association upon the breach by him of any provision of the marketing contract regarding the sale or delivery or withholding of products, and may further provide that the member will pay all […]

§19-4-18. Purchasing Property of Other Associations, Persons, Firms or Corporations

Whenever an association, organized under this article with preferred capital stock, shall purchase the stock of any property, or any interest in any property, or any person, firm or corporation or association, it may discharge the obligations so incurred, wholly or in part, by exchanging for the acquired interest shares of its preferred capital stock […]

§19-4-19. Annual Reports

Each association formed under this article shall prepare an annual report on forms provided by and filed with the Secretary of State pursuant to the requirements of section two-a, article one, chapter fifty-nine of this code.

§19-4-2. Who May Organize

Three or more qualified persons engaged in the production of agricultural products or the provision of goods and services may form a cooperative association with or without capital stock. Three or more cooperative associations may form an agricultural credit association, with or without capital stock, under this article and in compliance with the credit union […]

§19-4-20. Conflicting Laws Not to Apply; Exemptions

Any provisions of law which are in conflict with this article shall be construed as not applying to the association herein provided for. Any exemptions whatsoever under any and all existing laws applying to agricultural products in the possession or under the control of the individual producer shall apply similarly and completely to such products […]

§19-4-21. Use of Term "cooperative."

(a) A cooperative association formed pursuant to this article shall include the words "cooperative", "co-operative" or "co-op" in the name, and the words or abbreviations designating a corporation. (b) A farmers' marketing association for the sale of farm products is prohibited from using the terms identified in subsection (a) of this section as part of […]

§19-4-22. Interest in Other Corporations or Associations; Warehouse Receipts as Collateral

(a) An association may organize, form, operate, own, control, have an interest in, own stock of, or be a member of any other corporation or corporations, with or without capital stock, and engaged in qualified activities regarding the agricultural products, goods and services handled by the association, or the by-products thereof. (b) If such corporations […]

§19-4-23. Contracts and Agreements With Other Associations

Any association may, upon resolution adopted by its board of directors, enter into all necessary and proper contracts and agreements and make all necessary and proper stipulations, agreements and contracts and arrangements with any other cooperative corporation, association or associations, formed in this or in any other state, for the cooperative and more economical carrying […]

§19-4-24. Rights and Remedies Apply to Similar Associations of Other States

Any corporation or association heretofore or hereafter organized under generally similar laws of another state shall be allowed to carry on any proper activities, operations and functions in this state upon compliance with the general regulations applicable to foreign corporations desiring to do business in this state, and all contracts made by or with such […]

§19-4-25. Associations Heretofore Organized May Adopt Provisions of Article

Any corporation or association organized in this state under previously existing statutes may, by a majority vote of its stockholders or members, be brought under the provisions of this article by limiting its membership and adopting the other restrictions as provided herein. It shall make out in duplicate a statement signed and sworn to by […]

§19-4-27. Liability as to Delivery of Products in Violation of Marketing Agreements

Any person who solicits, persuades or permits any member of any association organized hereunder to breach his marketing contract with the association or one association with another, by accepting or receiving such member's products for sale or for auction or for display for sale, contrary to the terms of any marketing agreement of which such […]

§19-4-28. Associations to Be Deemed Not in Restraint of Trade

No association organized under this article and complying with the terms thereof shall be deemed to be a conspiracy or a combination in restraint of trade or an illegal monopoly or an attempt to lessen competition or to fix prices arbitrarily; nor shall the marketing contract and agreements between the association and its members or […]