This act [76-12-1 to 76-12-23 NMSA 1978] may be cited as the “Cooperative Marketing Association Act”. History: Laws 1937, ch. 152, § 1; 1941 Comp., § 48-1301; 1953 Comp., § 45-14-1. ANNOTATIONS Cross references. — For cooperative associations, see 53-4-1 NMSA 1978 et seq. For exemption of certain warehousemen from law regulating warehousing of agricultural […]
Each association incorporated under this act [76-12-1 to 76-12-23 NMSA 1978] shall adopt bylaws consistent with this act, within thirty days after its incorporation. A majority of the members voting thereon is necessary to adopt such bylaws, or if the association permits its members to vote on the basis of patronage, a majority in numbers […]
A. Under the terms and conditions prescribed in the bylaws adopted by it, an association may admit as members, or issue common stock to only cooperative associations and/or persons engaged in the production of agricultural products to be handled by or through the association, including the lessees and tenants of land used for the production […]
A. When a member of an association has paid his membership fee or stock subscription in full he shall receive, as the case may be, a certificate of membership or a stock certificate. B. No association shall issue membership certificates or stock until they have been fully paid for, but an association in its bylaws […]
One or more regular meetings shall be held annually in such places, as the bylaws may stipulate. The board of directors shall have the right to call a special meeting at any time; and ten (10%) percent of the members may file a petition stating the specific business to be brought before the association and […]
The affairs of the association shall be managed by a board of not less than five or [nor] more than twenty-one directors to be elected by the members with such qualifications as may be provided for in the articles of incorporation or bylaws. All of the directors shall be members of the association or officers, […]
The officers of every such association shall be a president, one or more vice presidents, a secretary and a treasurer and such other officers as may be authorized in the bylaws. The president and at least one of the vice presidents must be members and directors of the association. The office of secretary and treasurer […]
A. Members may be required to execute contracts as a condition of admission to the association, whereby the members agree to patronize the facilities created by the associations, to sell all or a specified part of their products to or through, or to buy all or a specified part of their supplies from or through, […]
Any association organized under previously existing statutes may elect, by vote of its members as provided in its articles of incorporation and bylaws of [for] the amendment of its articles of incorporation and bylaws to be brought under the provisions of this act [76-12-1 to 76-12-23 NMSA 1978] by complying with the restrictions provided herein. […]
A. Any association organized hereunder and complying with the terms hereof shall be deemed not to be a conspiracy nor a combination in restraint of trade nor an illegal monopoly; nor an attempt to lessen competition or to fix prices arbitrarily or to create a combination or pool in violation of any law of this […]
The right of an association claiming to be organized and incorporated and carrying on its business under this act [76-12-1 to 76-12-23 NMSA 1978] to do and to continue its business, may be inquired into by quo warranto. History: Laws 1937, ch. 152, § 19; 1941 Comp., § 48-1319; 1953 Comp., § 45-14-19. ANNOTATIONS Cross […]
In order to promote, foster and encourage the intelligent handling, processing and orderly marketing of agricultural products and the organization and incorporation of cooperative marketing associations of agricultural producers, this act [76-12-1 through 76-12-23 NMSA 1978] is passed. It is the declared policy of this state that this act be liberally construed. History: Laws 1937, […]
It is the duty of every association organized pursuant to provisions of the Cooperative Marketing Association Act and foreign associations admitted to do business in this state under that act to procure annually from the secretary of state a license authorizing the transaction of business in the state. Each domestic or foreign corporation shall pay […]
The provisions of the general business corporation laws of this state and all powers and rights thereunder shall apply to the associations organized hereunder, except where such provisions are inconsistent with the express provisions of this act [76-12-1 to 76-12-23 NMSA 1978]. History: Laws 1937, ch. 152, § 21; 1941 Comp., § 48-1321; 1953 Comp., […]
Chapter 66, Session Laws of 1927, (being Sections 31-201 to 31-214, inclusive, New Mexico Statutes Annotated, 1929 Compilation), is repealed. Provided, however, that this act [76-12-1 to 76-12-23 NMSA 1978], and such repeal, shall not in any way affect or limit any marketing association heretofore organized under the provisions of said laws, and that such […]
Each and all the rights and remedies hereby given shall be construed as in addition to those already existing. History: Laws 1937, ch. 152, § 24; 1941 Comp., § 48-1323; 1953 Comp., § 45-14-23. ANNOTATIONS Severability. — Laws 1937, ch. 152, § 23, provided for the severability of the act if any part thereof is […]
As used in this act [76-12-1 through 76-12-23 NMSA 1978], unless the context or subject matter requires otherwise: A. the term, “agricultural products” shall include horticultural, viticultural, nut, dairy, livestock, poultry, bee and any other farm products; B. the term “member” means in addition to those admitted to membership in an association without capital stock, […]
Five or more natural persons of full age, engaged in the production of agricultural products either as tenants or landlords, who are residents of this state or any other, or two or more cooperative associations, organized under the laws of this state or any other, may form a nonprofit cooperative association with or without capital […]
An association may be organized under this act [76-12-1 through 76-12-23 NMSA 1978] to engage in any activity in connection with the marketing or selling of agricultural products, or with the harvesting, preserving, drying, processing, blending, canning, packing, grading, storing, warehousing, handling, shipping or utilizing such products; or in connection with the manufacturing, marketing, selling […]
Each association incorporated under this act [76-12-1 to 76-12-23 NMSA 1978] shall have the following powers: A. to act as an agency for or subsidiary of or to assist cooperative associations formed under this act or similar acts in any one or more of the above-mentioned activities; to act as a holding corporation of the […]
