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§ 10-2001 – Definitions

10-2001. Definitions In this article, unless the context otherwise requires: 1. " Active member" is a member growing, producing, manufacturing, marketing, distributing or selling products or services handled by the association at the time of the membership meeting, or who during the previous year, delivered products or services to the association. 2. " Agricultural products" […]

§ 10-2002 – Law governing associations

10-2002. Law governing associations Any law in conflict with this article shall not apply to the associations organized hereunder, but general corporation laws shall apply to the associations except when they conflict or are inconsistent with the express provisions of this article.

§ 10-2003 – Requirements for formation; association profits

10-2003. Requirements for formation; association profits A. The following may form a cooperative association with or without capital stock under this article: 1. Five or more persons engaged in the production of products or services. 2. Five or more small businesses, individuals or entities engaged in the marketing and distribution of manufactured goods for import […]

§ 10-2004 – Articles of incorporation; amendments

10-2004. Articles of incorporation; amendments A. Articles of incorporation shall be filed setting forth: 1. The name of the association. 2. The purposes for which it is formed. 3. The place where its principal business will be transacted. 4. The term for which it is to exist. 5. The number of directors thereof, which shall […]

§ 10-2005 – Powers of association

10-2005. Powers of association An association incorporated under this article may: 1. Engage in any activity in connection with the manufacturing, marketing, harvesting, processing, storing, handling or utilization of products or services, or the providing of labor, or in connection with the purchase, hiring or use by its patrons of supplies, machinery or equipment, or […]

§ 10-2006 – Bylaws; renewal upon expiration of contract period

10-2006. Bylaws; renewal upon expiration of contract period A. Each association shall within thirty days after incorporation adopt bylaws. A majority vote of the members or their written assent is necessary to adopt such bylaws. The bylaws may provide for: 1. The time, place and manner of calling and conducting meetings. 2. The number of […]

§ 10-2007 – By-laws concerning property rights of members; amendment

10-2007. By-laws concerning property rights of members; amendment The property rights and interest of each member, whether equal or unequal, shall be set forth in the by-laws of the association as general rules applicable to all members by which the property rights and interest of each member shall be determined and fixed. The association may […]

§ 10-2008 – Eligibility for membership

10-2008. Eligibility for membership Under the terms and conditions prescribed in its bylaws, an association may admit as members persons engaged in production of the products or services to be handled by or through the association, including lessees and tenants of land used for production of such products, lessors and landlords who receive as rent […]

§ 10-2009 – Membership certificates; voting; liability

10-2009. Membership certificates; voting; liability If a member of an association established without capital stock has paid his membership fee, he may receive a certificate of membership. Members are not liable for debts of the association above the sum remaining unpaid on their membership fees. No member is entitled to more than one vote unless […]

§ 10-2011 – General powers of directors; election; compensation

10-2011. General powers of directors; election; compensation A. The affairs of the association shall be managed by the board of directors elected by the members from their number. The bylaws may provide that the territory in which the association has members be divided into districts and that the directors be elected according to such districts. […]

§ 10-2012 – Organization of board of directors

10-2012. Organization of board of directors The directors shall elect from their number a president and one or more vice-presidents, and a secretary and treasurer, who need not be members. The offices of secretary and treasurer may be combined. The funds of the association shall be deposited only as authorized by the board.

§ 10-2013 – Removal of officer or director

10-2013. Removal of officer or director A. A member may bring charges against an officer or director by filing them in writing with the secretary of the association, together with a petition for removal signed by ten per cent of the members. The removal shall be voted upon at the next regular or special meeting […]

§ 10-2014 – General and special meetings of association; notice

10-2014. General and special meetings of association; notice The by-laws shall provide for one or more regular meetings annually. The board of directors may call a special meeting at any time, or ten per cent of the members may file a request for a special meeting, stating the specific business to be brought before the […]

§ 10-2015 – Referral to membership

10-2015. Referral to membership Upon demand of one half of the entire board of directors any matter that has been approved or passed by the board shall be referred to the membership or the shareholders for decision at the next special or regular meeting.

§ 10-2016 – Marketing contracts; remedies for breach

10-2016. Marketing contracts; remedies for breach A. The association and its members may make and execute marketing contracts requiring the members to sell, for any period of time not over ten years, all or any specified part of their agricultural products, their specified commodities or their manufactured goods exclusively to or through the association or […]

§ 10-2017 – Pilot agreement; list of other agreements; recording

10-2017. Pilot agreement; list of other agreements; recording The association may record one of the executed marketing agreements in the office of the county recorder of the county in which the subscribing member is producing or proposing to produce the products to be marketed for him, and such agreement shall be known as the pilot […]

§ 10-2018 – Investments; limitation; disposition of profits

10-2018. Investments; limitation; disposition of profits A. An association may organize, form, operate, own, control, have an interest in, own stock of or be a member of any other corporation, with or without capital stock, engaged in processing, handling, utilizing, manufacturing, marketing, financing or selling products or services handled by the association, or the by-products […]

§ 10-2019 – Annual reports

10-2019. Annual reports The association shall make an annual report on forms furnished by the corporation commission, containing a general statement of its business during the fiscal year showing: 1. The number of members and amount of membership fees received. 2. The total expense of operations. 3. Its indebtedness or liabilities, and its balance sheets.

§ 10-2020 – License and other fees; tax exemption

10-2020. License and other fees; tax exemption Each association shall pay a nonrefundable annual license fee of ten dollars. A nonprofit agricultural products association formed pursuant to this article shall be exempt from all franchise or license taxes imposed on its income. Each association shall pay a nonrefundable fee of ten dollars for filing articles […]