LegalFix

Section 207 - Incorporation of cooperative association.

UT Code § 16-6a-207 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

(1) (a) If a cooperative association meets the requirements of Subsection (1)(b), it may: (i) be incorporated under this chapter; and (ii) use the word "cooperative" as part of its corporate or business name. (b) A cooperative association described in Subsection (1)(a): (i) may not be an association subject to the insurance or credit union laws of this state; and (ii) shall state in its articles of incorporation that: (A) a member may not have more than one vote regardless of the number or amount of stock or membership capital owned by the member unless voting is based in whole or in part on the volume of patronage of the member with the cooperative association; and (B) savings in excess of dividends and additions to reserves and surplus shall be distributed or allocated to members or patrons on the basis of patronage.

(a) If a cooperative association meets the requirements of Subsection (1)(b), it may: (i) be incorporated under this chapter; and (ii) use the word "cooperative" as part of its corporate or business name.

(i) be incorporated under this chapter; and

(ii) use the word "cooperative" as part of its corporate or business name.

(b) A cooperative association described in Subsection (1)(a): (i) may not be an association subject to the insurance or credit union laws of this state; and (ii) shall state in its articles of incorporation that: (A) a member may not have more than one vote regardless of the number or amount of stock or membership capital owned by the member unless voting is based in whole or in part on the volume of patronage of the member with the cooperative association; and (B) savings in excess of dividends and additions to reserves and surplus shall be distributed or allocated to members or patrons on the basis of patronage.

(i) may not be an association subject to the insurance or credit union laws of this state; and

(ii) shall state in its articles of incorporation that: (A) a member may not have more than one vote regardless of the number or amount of stock or membership capital owned by the member unless voting is based in whole or in part on the volume of patronage of the member with the cooperative association; and (B) savings in excess of dividends and additions to reserves and surplus shall be distributed or allocated to members or patrons on the basis of patronage.

(A) a member may not have more than one vote regardless of the number or amount of stock or membership capital owned by the member unless voting is based in whole or in part on the volume of patronage of the member with the cooperative association; and

(B) savings in excess of dividends and additions to reserves and surplus shall be distributed or allocated to members or patrons on the basis of patronage.

(2) (a) Any cooperative association incorporated in accordance with Subsection (1): (i) has all the rights and is subject to the limitations provided in Section 3-1-11; and (ii) may pay dividends on its stock, if it has stock, subject to the limitations of Section 3-1-11. (b) The articles of incorporation or the bylaws of a cooperative association incorporated in accordance with Subsection (1) may provide for: (i) the establishment and alteration of voting districts; (ii) the election of delegates to represent: (A) the districts described in Subsection (2)(b)(i); and (B) the members of the districts described in Subsection (2)(b)(i); (iii) the establishment and alteration of director districts; and (iv) the election of directors to represent the districts described in Subsection (2)(b)(ii) by: (A) the members of the districts; or (B) delegates elected by the members.

(a) Any cooperative association incorporated in accordance with Subsection (1): (i) has all the rights and is subject to the limitations provided in Section 3-1-11; and (ii) may pay dividends on its stock, if it has stock, subject to the limitations of Section 3-1-11.

(i) has all the rights and is subject to the limitations provided in Section 3-1-11; and

(ii) may pay dividends on its stock, if it has stock, subject to the limitations of Section 3-1-11.

(b) The articles of incorporation or the bylaws of a cooperative association incorporated in accordance with Subsection (1) may provide for: (i) the establishment and alteration of voting districts; (ii) the election of delegates to represent: (A) the districts described in Subsection (2)(b)(i); and (B) the members of the districts described in Subsection (2)(b)(i); (iii) the establishment and alteration of director districts; and (iv) the election of directors to represent the districts described in Subsection (2)(b)(ii) by: (A) the members of the districts; or (B) delegates elected by the members.

(i) the establishment and alteration of voting districts;

(ii) the election of delegates to represent: (A) the districts described in Subsection (2)(b)(i); and (B) the members of the districts described in Subsection (2)(b)(i);

(A) the districts described in Subsection (2)(b)(i); and

(B) the members of the districts described in Subsection (2)(b)(i);

(iii) the establishment and alteration of director districts; and

(iv) the election of directors to represent the districts described in Subsection (2)(b)(ii) by: (A) the members of the districts; or (B) delegates elected by the members.

(A) the members of the districts; or

(B) delegates elected by the members.

(3) (a) A corporation organized under Title 3, Uniform Agricultural Cooperative Association Act, or Title 16, Chapter 16, Uniform Limited Cooperative Association Act, may convert itself into a cooperative association subject to this chapter by adopting appropriate amendments to its articles of incorporation by which: (i) it elects to become subject to this chapter; and (ii) makes changes in its articles of incorporation that are: (A) required by this chapter; and (B) any other changes permitted by this chapter. (b) The amendments described in Subsection (3)(a) shall be adopted and filed in the manner provided by the law then applicable to the cooperative nonprofit corporation.

(a) A corporation organized under Title 3, Uniform Agricultural Cooperative Association Act, or Title 16, Chapter 16, Uniform Limited Cooperative Association Act, may convert itself into a cooperative association subject to this chapter by adopting appropriate amendments to its articles of incorporation by which: (i) it elects to become subject to this chapter; and (ii) makes changes in its articles of incorporation that are: (A) required by this chapter; and (B) any other changes permitted by this chapter.

(i) it elects to become subject to this chapter; and

(ii) makes changes in its articles of incorporation that are: (A) required by this chapter; and (B) any other changes permitted by this chapter.

(A) required by this chapter; and

(B) any other changes permitted by this chapter.

(b) The amendments described in Subsection (3)(a) shall be adopted and filed in the manner provided by the law then applicable to the cooperative nonprofit corporation.

(4) Except as otherwise provided in this section, a cooperative nonprofit corporation is subject to this chapter.

(5) A corporation that is a cooperative under this chapter may convert to a limited cooperative association under Title 16, Chapter 16, Uniform Limited Cooperative Association Act, by complying with that chapter.

LegalFix

Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.

LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.

The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.

You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.

The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.

Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.

We have updated our Terms of Service, Privacy Policy, and Disclosures. By continuing to browse this site, you agree to our Terms of Service, Privacy Policy, and Disclosures.
Section 207 - Incorporation of cooperative association.