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§ 56-231.15. Definitions

The following terms, whenever used or referred to in this article, shall have the following meanings, unless a different meaning clearly appears from the context: “Acquire” means and includes construct, or acquire by purchase, lease, devise, gift or the exercise of the power of eminent domain, or by other mode of acquisition. “Affiliate” means a […]

§ 56-231.16. Organization; purpose

A. Any number of natural persons not less than five may, by executing, filing and recording articles of incorporation as hereinafter set forth, form a cooperative, either with or without capital stock, not organized for pecuniary profit, for the principal purpose of making energy, energy services, and other utility services available at the lowest cost […]

§ 56-231.17. Articles of incorporation

A. The articles of incorporation mentioned in § 56-231.16 shall be entitled and endorsed “Articles of Incorporation of the…….. Electric Cooperative” or “Articles of Incorporation of the…….. Utility Consumer Services Cooperative” (the blank space being filled in with the distinguishing part of the name of the cooperative) and shall state: 1. The name of the […]

§ 56-231.18. Name of other corporations not to include term “electric cooperative” or “utility consumer services cooperative.”

The words “electric cooperative” or “utility consumer services cooperative” shall not be used in the corporate name of corporations other than (i) those subject to the provisions of this chapter, (ii) nonstock corporations of which cooperatives are members, and (iii) corporations, all of the stock of which is owned by cooperatives. 1999, c. 874; 2000, […]

§ 56-231.22. Charter amendments

A cooperative may amend its articles of incorporation to change its corporate name, to increase or reduce the number of its directors or change any other provision therein; however, no cooperative shall amend its articles of incorporation to embody therein any purpose, power or provision which would not be authorized if original articles including such […]

§ 56-231.23. General powers granted

Each cooperative formed under this article shall have power to do any and all lawful acts or things including, but not limited to the power: 1. To produce, generate, gather, store, transport, transmit, distribute, buy and sell energy and energy-related products. 2. To sue and be sued. 3. To have a seal and alter the […]

§ 56-231.24. Power to dispose of property

No cooperative may sell, lease or dispose of all or substantially all of its property (other than property which, in the judgment of the board, is neither necessary nor useful in operating and maintaining the cooperative’s system and which in any one year shall not exceed fifty percent in value of the value of all […]

§ 56-231.25. Power to issue obligations

A cooperative shall have power and is hereby authorized, from time to time, to issue its obligations for any corporate purpose. Such obligations may be authorized by resolution of the board, and may bear such date or dates, mature at such time or times, bear such interest, be payable at such times, be in such […]

§ 56-231.26. Covenants in connection with obligations

In connection with the issuance of any obligations a cooperative may make covenants or agreements and do any and all acts or things that a corporation can make or do under the laws of this Commonwealth. 1999, c. 874.

§ 56-231.28. Board of directors of cooperatives

Each cooperative shall have a board of directors of five or more members, which board shall constitute the governing body of the cooperative. Only members and the officers, directors or employees of any member shall be eligible for election to the board of directors. The directors, other than those named in the articles of incorporation, […]

§ 56-231.29. Powers of board of directors

The board of directors of a cooperative shall have power to do all things necessary or incidental in conducting the business of the cooperative, including, but not limited to the power: 1. If authorized by the articles of incorporation, or by resolution of its members having voting power, to adopt and amend bylaws for the […]

§ 56-231.30. Rights and liabilities of members

A. A cooperative may have one or more classes of members. If the cooperative has more than one class of members, the designation of each class and the qualifications and rights of the members of each class shall be set forth in the bylaws of the cooperative. B. A cooperative shall issue to its members […]

§ 56-231.31:1. Donation of certain patronage capital to the cooperative

Notwithstanding any other provision of law, when there is held by any cooperative any retired patronage capital to the credit of (i) a deceased person who has no spouse or next of kin identified in the records of the cooperative or (ii) a member or former member who has terminated service and who does not […]

§ 56-231.32. Service to members

No person shall become or remain a member unless such person shall use utility services supplied by such cooperative and shall have complied with the terms and conditions in respect to membership contained in the bylaws of such cooperative. However, nothing in this article shall prevent a cooperative from engaging in other lawful activities or […]

§ 56-231.33. Adequate service; rates

Regulated utility services offered by a cooperative shall be reasonably adequate, subject to the regulations of the Commission, as provided in § 56-231.34. The charge made by any such cooperative for any regulated utility service rendered or to be rendered, either directly or in connection therewith, shall be nondiscriminatory, reasonable and just, and every discriminatory, […]