reglab/statecodes huggingface dataset:
2023 Alaska Statutes › Title 10. Corporations and Associations › Chapter 25. Electric and Telephone Cooperative Act › Article 2. Merger, Consolidation, and Conversion. › Sec. 10.25.240. Merger.

(a) Except as provided in (b) of this section, one or more cooperatives, each designated in this section as “merging cooperative,” may merge into another cooperative, designated in this section as “surviving cooperative,” by complying with the following requirements:
(1) the proposition for the merger of the merging cooperatives into the surviving cooperative and proposed articles of merger shall be submitted to the members of each merging cooperative and of the surviving cooperative; the notice shall have attached to it a copy of the proposed articles of merger;
(2) if the proposed merger and the proposed articles of merger, with any amendments, are approved by the affirmative vote of not less than two-thirds of those members of each cooperative voting on them, articles of merger in the form approved shall be executed and acknowledged on behalf of each cooperative by its presiding officer and its seal shall be affixed by the officer designated by the board.
(b) A merger of electric or telephone cooperatives may not take effect unless the surviving cooperative expressly agrees to comply with the terms of each collective bargaining agreement entered into between a merging cooperative and a labor organization representing employees of the cooperative that is in effect on the date of merger.
2023 Alaska Statutes › Title 10. Corporations and Associations › Chapter 25. Electric and Telephone Cooperative Act › Article 2. Merger, Consolidation, and Conversion. › Sec. 10.25.250. Contents of articles of merger.

(a) The articles of merger must recite that they are executed under this chapter and must state
(1) the name of each merging cooperative and the address of its principal office;
(2) the name of the surviving cooperative and the address of its principal office;
(3) a statement that each merging cooperative and the surviving cooperative agree to the merger;
(4) the names and addresses of the directors of the surviving cooperative;
(5) the terms and conditions of the merger and the manner of carrying it into effect, including the manner in which members of the merging cooperatives may or shall become members of the surviving cooperative.
(b) The articles of merger may contain provisions not inconsistent with this chapter that are considered necessary or advisable for the conduct of the business of the surviving cooperative.
(c) The presiding officer of each cooperative shall make and annex to the articles an affidavit stating that the provisions of this section regarding the articles were complied with by the cooperative.
2023 Alaska Statutes › Title 10. Corporations and Associations › Chapter 25. Electric and Telephone Cooperative Act › Article 2. Merger, Consolidation, and Conversion. › Sec. 10.25.260. Consolidation.

Two or more cooperatives, designated in this section as “consolidating cooperative,” may consolidate into a new cooperative, designated in this section as the “new cooperative,” by complying with the following requirements:
(1) the proposition for the consolidation into the new cooperative and proposed articles of consolidation shall be submitted to the members of each consolidating cooperative; the notice shall have attached to it a copy of the proposed articles of consolidation;
(2) if the proposed consolidation and the proposed articles of consolidation, with any amendments, are approved by the affirmative vote of not less than two-thirds of those members of each consolidating cooperative voting on them, articles of consolidation in the form approved shall be executed and acknowledged on behalf of each consolidating cooperative by its presiding officer and its seal shall be affixed and attested by the officer designated by the board.
2023 Alaska Statutes › Title 10. Corporations and Associations › Chapter 25. Electric and Telephone Cooperative Act › Article 2. Merger, Consolidation, and Conversion. › Sec. 10.25.270. Contents of articles of consolidation.

(a) The articles of consolidation must recite that they are executed pursuant to this chapter and must state
(1) the name of each consolidating cooperative and the address of its principal office;
(2) the name of the new cooperative and the address of its principal office;
(3) a statement that each consolidating cooperative agrees to the consolidation;
(4) the names and addresses of the directors of the new cooperative;
(5) the terms and conditions of the consolidation and the manner of carrying it into effect, including the manner in which members of the consolidating cooperatives may or shall become members of the new cooperative.
(b) The articles of consolidation may contain provisions not inconsistent with this chapter that are considered necessary or advisable for the conduct of the business of the new cooperative.
(c) The presiding officer of each consolidating cooperative executing the articles of consolidation shall make and annex to the articles an affidavit stating that the provisions of this section regarding the articles were complied with by the cooperative.
2023 Alaska Statutes › Title 10. Corporations and Associations › Chapter 25. Electric and Telephone Cooperative Act › Article 2. Merger, Consolidation, and Conversion. › Sec. 10.25.280. Effect of consolidation or merger.

(a) In the case of a consolidation the existence of the consolidating cooperatives ceases and the articles of consolidation are the articles of incorporation of the new cooperative. In the case of a merger the separate existence of the merging cooperatives ceases and the articles of incorporation of the surviving cooperative are amended to the extent that changes are provided for in the articles of merger.
(b) The rights, privileges, immunities, and franchises, and all real and personal property including, without limitation, applications for membership, all debts due on whatever account, and all other choses in action, of the consolidating or merging cooperatives are transferred to and vested in the new consolidated or surviving cooperative without further act or deed.
(c) The new consolidated or surviving cooperative is responsible and liable for the liabilities and obligations of each of the consolidating or merging cooperatives and a claim existing or action or proceeding pending by or against the consolidating or merging cooperatives may be prosecuted as if the consolidation or merger had not taken place, but the new consolidated or surviving cooperative may be substituted in its place.
(d) Neither the rights of creditors nor liens upon the property of the cooperatives are impaired by the consolidation or merger.
2023 Alaska Statutes › Title 10. Corporations and Associations › Chapter 25. Electric and Telephone Cooperative Act › Article 2. Merger, Consolidation, and Conversion. › Sec. 10.25.290. Conversion of existing corporation.

(a) A corporation organized under the laws of the state and supplying or having the corporate power to supply electric energy or to furnish telephone or related telecommunications service may be converted into a cooperative by complying with the requirements of this section and thereupon becomes subject to this chapter as if originally organized under this chapter.
(b) The proposition for the conversion of the corporation into a cooperative and proposed articles of conversion shall be submitted to a meeting of the members or stockholders of the corporation, or in case of a corporation having no members or stockholders, to a meeting of the incorporators of the corporation. The notice of the meeting shall have attached to it a copy of the proposed articles of conversion.
(c) If the proposition for the conversion of the corporation into a cooperative and the proposed articles of conversion, with any amendments, are approved by the affirmative vote of not less than two-thirds of those members of the corporation voting on them or, if the corporation is a stock corporation, by the affirmative vote of the holders of not less than two-thirds of those shares of the capital stock of the corporation represented at the meeting and voting on them, or, in the case of a corporation having no members and no shares of its capital stock outstanding, by the affirmative vote of not less than two-thirds of its incorporators, articles of conversion in the form approved shall be executed and acknowledged on behalf of the corporation by its presiding officer and its seal shall be affixed and attested by the officer designated by the board.
2023 Alaska Statutes › Title 10. Corporations and Associations › Chapter 25. Electric and Telephone Cooperative Act › Article 2. Merger, Consolidation, and Conversion. › Sec. 10.25.300. Articles of conversion: contents and use as articles of incorporation.

(a) The articles of conversion must recite that they are executed under this chapter and must state
(1) the name of the corporation and the address of its principal office prior to its conversion into a cooperative;
(2) the statute or statutes under which it was organized;
(3) a statement that the corporation elects to become a cooperative, nonprofit, membership corporation subject to this chapter;
(4) its name as a cooperative;
(5) the address of the principal office of the cooperative;
(6) the names and addresses of the directors of the cooperative;
(7) the manner in which members, stockholders, or incorporators of the corporation are to become members of the cooperative.
(b) The articles of conversion may contain provisions not inconsistent with this chapter considered necessary or advisable for the conduct of the business of the cooperative.
(c) The presiding officer executing the articles of conversion shall make and annex to it an affidavit stating that the provisions of this section were complied with regarding the articles. The articles of conversion are the articles of incorporation of the cooperative.
2023 Alaska Statutes › Title 10. Corporations and Associations › Chapter 25. Electric and Telephone Cooperative Act › Article 3. Dissolution. › Sec. 10.25.310. Dissolution of cooperative that has not commenced business.

A cooperative that has not commenced business may be dissolved by delivering articles of dissolution to the commissioner. A majority of the incorporators shall execute and acknowledge articles of dissolution on behalf of the cooperative. The articles must state
(1) the name of the cooperative;
(2) the address of its principal office;
(3) that the cooperative has not commenced business;
(4) that sums received by the cooperative, less that part disbursed for expenses of the cooperative, have been returned or paid to those entitled to them;
(5) that no debt of the cooperative is unpaid;
(6) that a majority of the incorporators elect to dissolve the cooperative.
2023 Alaska Statutes › Title 10. Corporations and Associations › Chapter 25. Electric and Telephone Cooperative Act › Article 3. Dissolution. › Sec. 10.25.320. Dissolution of cooperative that has commenced business.

(a) A cooperative that has commenced business may be dissolved in the manner set out in this section.
(b) The proposition to dissolve shall be submitted to the members of the cooperative. The notice must state the proposition.
(c) The proposition is approved by the affirmative vote of at least two-thirds of the members voting on the proposition if the number of members voting to approve it constitutes a majority of all members of the cooperative.
(d) Upon approval, a certificate of election to dissolve, hereafter designated the “certificate,” executed and acknowledged on behalf of the cooperative by its presiding officer under its seal, attested by the officer designated by the board, shall be submitted to the commissioner for filing together with an affidavit by the officer executing the certificate stating that the statements in the certificate are true. The certificate must state the name of the cooperative, the address of its principal office, and that the members of the cooperative have voted to dissolve the cooperative.
2023 Alaska Statutes › Title 10. Corporations and Associations › Chapter 25. Electric and Telephone Cooperative Act › Article 3. Dissolution. › Sec. 10.25.330. Effect of filing certificate of dissolution and affidavit; corporate existence; involuntary dissolution.

(a) Upon the filing of the certificate and affidavit by the commissioner, the cooperative shall cease to carry on its business except to the extent necessary for the winding up of business. However, its corporate existence continues until articles of dissolution have been filed by the commissioner.
(b) A cooperative that does not file its articles of dissolution within two years after the date of filing the certificate mentioned in (a) of this section shall be involuntarily dissolved by the commissioner. Before dissolving the cooperative under this subsection, the commissioner shall give the cooperative written notice of the pending dissolution by mailing the notice to the cooperative. The commissioner shall mail the notice and any subsequent certificate of dissolution to the cooperative in the same manner as required for notices and certificates of involuntary dissolution under AS 10.06.633(i).
2023 Alaska Statutes › Title 10. Corporations and Associations › Chapter 25. Electric and Telephone Cooperative Act › Article 3. Dissolution. › Sec. 10.25.340. Notice to creditors and claimants.

The board of directors shall immediately have a notice of the dissolution proceedings mailed to each known creditor of and claimant against the cooperative and publish it once a week for two successive weeks in a newspaper of general circulation in the city or borough in which the principal office of the cooperative is located.
2023 Alaska Statutes › Title 10. Corporations and Associations › Chapter 25. Electric and Telephone Cooperative Act › Article 3. Dissolution. › Sec. 10.25.350. Termination of cooperative affairs.

The board of directors shall wind up and settle the affairs of the cooperative, collect sums owing to it, liquidate its property and assets, pay and discharge its debts, obligations, and liabilities, other than those to patrons arising by reason of their patronage, and do all other things required to wind up its business. After paying or discharging or adequately providing for the payment or discharge of all its debts, obligations, and liabilities, other than those to patrons arising by reason of their patronage, the directors shall distribute remaining sums, first, to patrons for the pro rata return of all amounts standing to their credit by reason of their patronage and, second, to members for the pro rata repayment of membership fees. Sums then remaining shall be distributed among its members and former members in proportion to their patronage, except to the extent participation in the distribution has been legally waived. The board of directors shall thereupon authorize the execution of articles of dissolution. The presiding officer shall execute and acknowledge articles of dissolution on behalf of the cooperative and the officer designated by the board shall affix and attest to the seal.
2023 Alaska Statutes › Title 10. Corporations and Associations › Chapter 25. Electric and Telephone Cooperative Act › Article 3. Dissolution. › Sec. 10.25.360. Contents of articles of dissolution.

(a) The articles of dissolution must recite that they are executed under this chapter and must state
(1) the name of the cooperative;
(2) the address of its principal office;
(3) the date on which the certificate of election to dissolve was filed by the commissioner;
(4) that there are no actions or suits against the cooperative;
(5) that all debts, obligations and liabilities of the cooperative have been paid and discharged or that adequate provision has been made for them;
(6) that the provisions of AS 10.25.320 - 10.25.360 have been complied with.
(b) The presiding officer executing the articles of dissolution shall make and annex to the articles an affidavit stating that the statements contained in the articles are true.
2023 Alaska Statutes › Title 10. Corporations and Associations › Chapter 25. Electric and Telephone Cooperative Act › Article 4. Miscellaneous Provisions. › Sec. 10.25.370. Filing of articles, certificates, and affidavits.

Articles of incorporation, amendment, consolidation, merger, conversion, or dissolution, when executed and acknowledged and accompanied by the affidavits required by this chapter, shall be presented to the commissioner for filing. Upon finding that the articles presented conform to the requirements of this chapter, the commissioner, upon payment of the fees provided in this chapter, shall file the articles in the records of the commissioner's office. Upon filing, the incorporation, amendment, consolidation, merger, conversion, or dissolution provided for is in effect. This section also applies to certificates of election to dissolve and affidavits executed under AS 10.25.320 - 10.25.360.
2023 Alaska Statutes › Title 10. Corporations and Associations › Chapter 25. Electric and Telephone Cooperative Act › Article 4. Miscellaneous Provisions. › Sec. 10.25.375. Cancellation of certificates issued and filings accepted.

The commissioner may, within one year after a filing, and after written notice to the cooperative or individual making a filing, cancel a certificate issued or filing accepted under this chapter, on any ground existing at the time notice of cancellation is made for which the commissioner could have originally refused to issue the certificate or accept the filing. The notice of cancellation must state the reason for the proposed cancellation. A cooperative or individual may request a hearing within 90 days after receipt of the notice. The notice of cancellation becomes final if the cooperative or individual does not request a hearing within 90 days after receipt of notice. Notice of cancellation must be sent by certified mail with return receipt requested. If the return receipt is not received by the department within a reasonable time and the department has made diligent inquiry as to the current address of the corporation, notice may be made by publication in a newspaper of general circulation in the vicinity of the registered office of the cooperative or the address of the individual who made the filing, and the cancellation becomes final 60 days after publication of the notice.
2023 Alaska Statutes › Title 10. Corporations and Associations › Chapter 25. Electric and Telephone Cooperative Act › Article 4. Miscellaneous Provisions. › Sec. 10.25.380. Nonprofit operation.

A cooperative shall be operated on a nonprofit basis for the mutual benefit of its members and patrons. The bylaws of a cooperative or its contracts with members and patrons must contain such provisions relating to the disposition of revenues and receipts as may be necessary and appropriate to establish and maintain its nonprofit and cooperative character.
2023 Alaska Statutes › Title 10. Corporations and Associations › Chapter 25. Electric and Telephone Cooperative Act › Article 4. Miscellaneous Provisions. › Sec. 10.25.390. Disposition of property to secure indebtedness.

The board of directors of a cooperative may, without authorization by the members of the cooperative, authorize the execution and delivery of mortgages or deeds of trust of, or the pledging or encumbering of, the property, assets, rights, privileges, licenses, franchises and permits of the cooperative, whether acquired or to be acquired, and wherever situated, as well as the revenue therefrom, upon the terms and conditions the board of directors determines, to secure an indebtedness of the cooperative.
2023 Alaska Statutes › Title 10. Corporations and Associations › Chapter 25. Electric and Telephone Cooperative Act › Article 4. Miscellaneous Provisions. › Sec. 10.25.420. Effect of recordation of mortgages and other instruments.

A mortgage, deed of trust, or other instrument executed by a cooperative, which affects real and personal property and which is recorded in the real property records in the city, borough, or other recording districts in which the property is located or is to be located has the same effect as if recorded, filed, or indexed as provided by law in the proper office in the city, borough, or other recording district as a mortgage of personal property. All after-acquired property of the cooperative described or referred to as being mortgaged or pledged in a mortgage, deed of trust or other instrument is subject to the lien thereof immediately upon the acquisition of such property by the cooperative, whether or not the property was in existence at the time of the execution of the mortgage, deed of trust or other instrument. Recordation of such mortgage, deed of trust or other instrument constitutes notice and has the same effect with respect to after-acquired property as it has under the laws relating to recordation of property owned by the cooperative at the time of the execution of the mortgage, deed of trust or other instrument and described in it or referred to as being mortgaged or pledged thereby. The lien of such mortgage, deed of trust or other instrument upon personal property after its recordation continues for the period of time specified in the instrument without refiling or the filing of a renewal certificate, affidavit or other supplemental information required by the laws relating to the renewal, maintenance or extension of liens upon personal property.
2023 Alaska Statutes › Title 10. Corporations and Associations › Chapter 25. Electric and Telephone Cooperative Act › Article 4. Miscellaneous Provisions. › Sec. 10.25.430. Validity of mortgage under Rural Electrification Act.

A mortgage made by a cooperative organized under this chapter to the United States of America, or an agency or instrumentality of it, to secure indebtedness incurred under 7 U.S.C. 901 - 950bb-2 (Rural Electrification Act ), as amended, is not void as against creditors of the mortgagor and subsequent purchasers and encumbrancers of the property in good faith for value because the mortgage is not accompanied by an affidavit of the parties to it, or an affidavit of the agent or attorney-in-fact of a party to it, that the mortgage is made in good faith to secure the amount named, and without a design to hinder, delay or defraud creditors. A mortgage made by a cooperative organized under this chapter to the United States of America, or an agency or instrumentality of it to secure indebtedness incurred under 7 U.S.C. 901 - 950bb-2 (Rural Electrification Act ), as amended, need not set out the date upon which the indebtedness secured by it becomes due.
2023 Alaska Statutes › Title 10. Corporations and Associations › Chapter 25. Electric and Telephone Cooperative Act › Article 4. Miscellaneous Provisions. › Sec. 10.25.450. Directors, officers, or members as notaries.

A person authorized to take acknowledgments under the laws of this state is not disqualified from taking acknowledgments of instruments to which a cooperative is a party because the person is an officer, director, or member of the cooperative.
2023 Alaska Statutes › Title 10. Corporations and Associations › Chapter 25. Electric and Telephone Cooperative Act › Article 4. Miscellaneous Provisions. › Sec. 10.25.460. Registered office and registered agent.

Each cooperative shall have and continuously maintain in the state a registered
(1) office, which may be, but need not be, the same as the location of the principal office;
(2) agent who is either an individual resident in the state whose business office is identical with the registered office or a domestic or foreign corporation authorized to transact business in the state whose business office is identical with the registered office.
2023 Alaska Statutes › Title 10. Corporations and Associations › Chapter 25. Electric and Telephone Cooperative Act › Article 4. Miscellaneous Provisions. › Sec. 10.25.470. Change of registered office or registered agent.

A cooperative may change its registered office or change its registered agent, or both, upon filing in the office of the commissioner a statement setting forth
(1) the name of the cooperative;
(2) the address of its registered office;
(3) if the address of its registered office is changed, the address of the new registered office;
(4) the name of the registered agent;
(5) if its registered agent is changed, the name of its new registered agent;
(6) that the address of its registered office and the address of the business office and its registered agent, as changed, will be identical;
(7) that such change was authorized by resolution adopted by its board of directors.
2023 Alaska Statutes › Title 10. Corporations and Associations › Chapter 25. Electric and Telephone Cooperative Act › Article 4. Miscellaneous Provisions. › Sec. 10.25.480. Execution and filing of statement.

The statement of change of office or agent shall be executed by the cooperative by its presiding officer and directed to the commissioner. If the commissioner finds that the statement conforms to this chapter, the commissioner shall file it in the commissioner's office. Upon the filing, the change of address of the registered office, and the appointment of the registered agent, or both, as the case may be, is effective.
2023 Alaska Statutes › Title 10. Corporations and Associations › Chapter 25. Electric and Telephone Cooperative Act › Article 4. Miscellaneous Provisions. › Sec. 10.25.490. Resignation of registered agent.

A registered agent of a cooperative may resign by filing a written notice of resignation, executed in duplicate, with the commissioner. The commissioner shall immediately mail a copy of it to the cooperative at its registered office. The appointment of the agent terminates 30 days after receipt of the notice by the commissioner.
2023 Alaska Statutes › Title 10. Corporations and Associations › Chapter 25. Electric and Telephone Cooperative Act › Article 4. Miscellaneous Provisions. › Sec. 10.25.500. Service on cooperative.

(a) The registered agent of a cooperative is an agent of the cooperative upon whom process, notice, or demand required or permitted by law to be served upon the cooperative may be served.
(b) When a cooperative fails to appoint or maintain a registered agent in the state, or when its registered agent cannot with reasonable diligence be found at the registered office, then the commissioner is an agent of the cooperative upon whom process, notice, or demand may be served.
2023 Alaska Statutes › Title 10. Corporations and Associations › Chapter 25. Electric and Telephone Cooperative Act › Article 4. Miscellaneous Provisions. › Sec. 10.25.510. Service on commissioner.

(a) Service on the commissioner is made by delivering to and leaving with the commissioner, or with a clerk having charge of the corporation department of the commissioner's office, duplicate copies of the process, notice, or demand. The commissioner shall immediately have one copy forwarded by registered mail, addressed to the cooperative at its registered office. Service on the commissioner is returnable in not less than 30 days.
(b) The commissioner shall keep a record of each process, notice, and demand served under this section, and shall record the time of service and the commissioner's action with reference to it.
2023 Alaska Statutes › Title 10. Corporations and Associations › Chapter 25. Electric and Telephone Cooperative Act › Article 4. Miscellaneous Provisions. › Sec. 10.25.520. Other means of service not affected.

Nothing in AS 10.25.500 and 10.25.510 limits or affects the right to serve process, notice, or demand required or permitted by law to be served on a cooperative in any other manner permitted by law.
2023 Alaska Statutes › Title 10. Corporations and Associations › Chapter 25. Electric and Telephone Cooperative Act › Article 4. Miscellaneous Provisions. › Sec. 10.25.530. Fees.

(a) The commissioner shall establish by regulation and charge and collect fees for
(1) filing articles of incorporation;
(2) filing articles of amendment;
(3) filing articles of consolidation or merger;
(4) filing articles of conversion;
(5) filing certificate of election to dissolve;
(6) filing articles of dissolution;
(7) filing certificate of change of principal office and designation or change of registered office and registered agent; and
(8) acting as agent for service of process.
(b) The department may by regulation charge each cooperative subject to this chapter a fixed fee in place of the various fees specified in this chapter and for the routine administrative services rendered to the corporation by the department.
(c) [Repealed, § 28 ch 90 SLA 1991.]
2023 Alaska Statutes › Title 10. Corporations and Associations › Chapter 25. Electric and Telephone Cooperative Act › Article 4. Miscellaneous Provisions. › Sec. 10.25.540. Business license and taxation of cooperatives.

(a) Cooperatives under this chapter shall apply for a business license and pay the initial license fee as provided by the Alaska Business License Act (AS 43.70), as amended.
(b) Before March 1 of each year,
(1) each telephone cooperative shall pay to the state, instead of state and local ad valorem, income, and excise taxes that may be assessed or levied, a percentage of its gross revenue earned during the preceding calendar year;
(2) each electric cooperative shall pay to the state, instead of state and local ad valorem, income, and excise taxes that may be assessed or levied, a tax on the number of kilowatt hours of electricity sold at retail by the cooperative during the preceding calendar year.
2023 Alaska Statutes › Title 10. Corporations and Associations › Chapter 25. Electric and Telephone Cooperative Act › Article 4. Miscellaneous Provisions. › Sec. 10.25.550. Amount of telephone cooperative gross revenue tax.

The telephone cooperative gross revenue tax shall be computed as follows:
(1) one percent of gross revenue for cooperatives that have furnished telephone service to consumers for less than five years as of December 31 of the preceding calendar year;
(2) two percent of gross revenue for cooperatives that have furnished telephone service to consumers for five years or longer as of December 31 of the preceding calendar year.
2023 Alaska Statutes › Title 10. Corporations and Associations › Chapter 25. Electric and Telephone Cooperative Act › Article 4. Miscellaneous Provisions. › Sec. 10.25.555. Amount of electric cooperative tax.

(a) The electric cooperative tax shall be computed as follows:
(1) one-fourth mill per kilowatt hour for cooperatives that have furnished electric energy and power to consumers for less than five years as of December 31 of the preceding calendar year;
(2) one-half mill per kilowatt hour for cooperatives that have furnished electric energy and power to consumers for five years or longer as of December 31 of the preceding calendar year.
(b) In this section, “mill” means one-tenth of one cent.
2023 Alaska Statutes › Title 10. Corporations and Associations › Chapter 25. Electric and Telephone Cooperative Act › Article 4. Miscellaneous Provisions. › Sec. 10.25.570. Refund to local governments.

The proceeds of the telephone cooperative gross revenue tax and the electric cooperative tax, less the amount expended by the state in their collection, shall be refunded to an organized borough or a city of any class incorporated under state law, in the proportion that the revenue was earned within the city or the borough area outside the city. However, taxes collected on gross revenue earned by a telephone cooperative or on the sale of electricity by an electric cooperative outside a city or organized borough shall be retained by the state and deposited into its general fund.
2023 Alaska Statutes › Title 10. Corporations and Associations › Chapter 25. Electric and Telephone Cooperative Act › Article 4. Miscellaneous Provisions. › Sec. 10.25.580. Inventory and fixtures subject to taxation.

The inventory and fixtures of a business operated by a cooperative incidental to the furnishing of central station electric service, including, without limitation, appliance stores or departments, are not exempt from ad valorem taxes. The inventory and accounts of these businesses shall be separately maintained and taxes shall be paid upon them as provided by law.
2023 Alaska Statutes › Title 10. Corporations and Associations › Chapter 25. Electric and Telephone Cooperative Act › Article 4. Miscellaneous Provisions. › Sec. 10.25.590. Connection and interconnection of facilities.

A telephone cooperative organized or doing business under this chapter, hereafter designated as applicant, may require a person furnishing telephone service to the public in the state, hereafter designated as company, to interconnect its lines, facilities or systems with, or otherwise make available the lines, facilities or systems to, the applicant's telephone lines, facilities or systems, in order to provide a continuous line of communication for the applicant's subscribers. If the company and the applicant are unable to agree upon the terms and conditions of interconnection, including compensation, the superior court shall, upon petition of the parties, or either of them, establish the terms and conditions. The terms and conditions shall be reasonable and nondiscriminatory.
2023 Alaska Statutes › Title 10. Corporations and Associations › Chapter 25. Electric and Telephone Cooperative Act › Article 4. Miscellaneous Provisions. › Sec. 10.25.600. Correction of defectively organized cooperatives.

If a cooperative has filed defective articles of incorporation, or has failed to do all things necessary to perfect its corporate organization, it may file corrected articles of incorporation, or amend the original articles, and do and perform all acts and things necessary for the correction of the defects. The action so taken is valid and binding upon all persons concerned. The capacity of the cooperative to file corrected articles of incorporation or amendments to the original articles, or to do and perform all acts and things necessary, may not be questioned.
2023 Alaska Statutes › Title 10. Corporations and Associations › Chapter 25. Electric and Telephone Cooperative Act › Article 5. General Provisions. › Sec. 10.25.820. Chapter extended to existing cooperatives.

This chapter applies to all nonprofit cooperatives organized under any other law of the state for the purpose of supplying electric energy and power, or telephone or related telecommunications service, to its members, or for the purpose of promoting and extending the use of electric energy and power or telephone or related telecommunications service. These cooperatives are subject to this chapter as if originally organized under it.
2023 Alaska Statutes › Title 10. Corporations and Associations › Chapter 25. Electric and Telephone Cooperative Act › Article 5. General Provisions. › Sec. 10.25.830. Construction of chapter.

This chapter is complete in itself and is controlling. The provisions of any other law of the state relating to the organization of a corporation, except as provided in this chapter, do not apply to a cooperative organized under this chapter. The enumeration of an object, purpose, power, manner, method or thing does not exclude like or similar objects, purposes, powers, manners, methods or things.
2023 Alaska Statutes › Title 10. Corporations and Associations › Chapter 25. Electric and Telephone Cooperative Act › Article 5. General Provisions. › Sec. 10.25.840. Definitions.

In this chapter,
(1) “commissioner” means the commissioner of commerce, community, and economic development;
(2) “cooperative” means a corporation organized under this chapter or that becomes subject to this chapter in the manner provided in this chapter;
(3) “person” means a natural person, firm, association, corporation, business trust, partnership, federal agency, state or political subdivision, or an agency of the state or political subdivision, or a body politic;
(4) “presiding officer” means the presiding officer of the board of directors of the cooperative;
(5) “related telecommunications service” means
(A) the transmission and reception of messages, impressions, pictures, and signals by means of electricity, electromagnetic waves, or any other source of energy, force variations, or impulses, whether conveyed by cable, wire, radiated through space, or transmitted through other media; or
(B) a service capable of electronically generating, acquiring, storing, transforming, processing, retrieving, utilizing, or making available information, through the use of broadband Internet access, data center services, information technology, or other technology services;
(6) “telephone service” means communication service whereby voice communication through the use of electricity is the principal intended use, and includes all telephone lines, facilities, or systems used in the rendition of this service.
2023 Alaska Statutes › Title 10. Corporations and Associations › Chapter 30. Cemetery Associations and Nonprofit Cemetery Corporations › Sec. 10.30.010. Formation of cemetery association.

Five or more persons who are residents of the same recording district may form themselves into a cemetery association, and elect at least three of their members to serve as trustees, and one member as clerk. The trustees and the clerk hold office at the pleasure of the association.
2023 Alaska Statutes › Title 10. Corporations and Associations › Chapter 30. Cemetery Associations and Nonprofit Cemetery Corporations › Sec. 10.30.020. Records.

The clerk shall keep a record of the proceedings of the meetings of the association, certify to and record one copy of the record together with the name of the association with the recorder in the recording district in which the meeting is held, and file one copy in the office of the clerk of the superior court.
2023 Alaska Statutes › Title 10. Corporations and Associations › Chapter 30. Cemetery Associations and Nonprofit Cemetery Corporations › Sec. 10.30.050. Bylaws.

A cemetery association may enact bylaws necessary for the proper management of the association and may prescribe the terms on which members may be admitted, the number of its trustees and officers, and the time and manner of their election or appointment, and the time and place of meeting for the trustees and for the association.
2023 Alaska Statutes › Title 10. Corporations and Associations › Chapter 30. Cemetery Associations and Nonprofit Cemetery Corporations › Sec. 10.30.055. Formation of nonprofit cemetery corporation.

As an alternative to the provisions of AS 10.30.010 - 10.30.050, a cemetery may be incorporated under AS 10.20. A nonprofit cemetery corporation is subject to the provisions of AS 10.20 except to the extent that those provisions conflict with the provisions of this chapter relating to cemetery corporations.
2023 Alaska Statutes › Title 10. Corporations and Associations › Chapter 30. Cemetery Associations and Nonprofit Cemetery Corporations › Sec. 10.30.060. Power to acquire and dispose of lands, and exemption from execution, taxation, and public appropriation.

A cemetery association or nonprofit cemetery corporation may buy or take by gift or devise, and hold, land not exceeding 80 acres, for the sole purpose of a cemetery. The land is exempt from execution, and from any appropriation to public purposes, and from taxation if intended to be used exclusively for burial purposes and in no way for the profit of the members or trustees of the association or the directors, officers, or employees of the corporation.
2023 Alaska Statutes › Title 10. Corporations and Associations › Chapter 30. Cemetery Associations and Nonprofit Cemetery Corporations › Sec. 10.30.070. Creation and use of irreducible fund.

A cemetery association or nonprofit cemetery corporation may by its bylaws provide that a stated percentage of the money realized from the sale of cemetery lots and donations constitutes an irreducible fund, which may be invested in the manner or loaned upon the securities the association or corporation considers proper. The interest or income from the irreducible fund provided for in a bylaw, or as much as may be necessary, shall be devoted exclusively to (1) the preservation and embellishment of the grounds, buildings, and property of the association or corporation that are related to the operation of a cemetery; (2) the preservation and embellishment of cemetery lots and space in buildings or on grounds sold to the association or corporation that are related to the operation of a cemetery; or (3) the payment of interest and principal of debts authorized by the association or corporation for the purchase of land or equipment or for the construction or improvement of buildings that are related to the operation of a cemetery. If a bylaw has been enacted for the creation of an irreducible fund, the percentage stated in the bylaw may not be reduced.
2023 Alaska Statutes › Title 10. Corporations and Associations › Chapter 30. Cemetery Associations and Nonprofit Cemetery Corporations › Sec. 10.30.080. Disposition of income from cemetery land.

After paying for the land, the future receipts and income of a cemetery association or nonprofit cemetery corporation, subject to the creation of an irreducible fund, whether from the sale of lots, from donations, rents, or otherwise, shall be applied exclusively to laying out, preserving, protecting, and embellishing the cemetery and the avenues leading to it, the erection of buildings necessary or convenient for the cemetery purpose, and to paying the necessary expenses of the association or corporation.
2023 Alaska Statutes › Title 10. Corporations and Associations › Chapter 30. Cemetery Associations and Nonprofit Cemetery Corporations › Sec. 10.30.090. Debts of association or corporation.

A cemetery association or nonprofit cemetery corporation may contract debts in anticipation of future receipts for the original purchase of cemetery land, the laying out and embellishment of the grounds and avenues of the cemetery, the construction and repair of a building, mausoleum or columbarium, the purchase or lease of necessary equipment, or other cemetery purposes, for which debts the association or corporation may issue bonds or notes. An association or corporation may secure these debts by mortgage upon its lands, except cemetery lots that have been conveyed to the members of the association or to trustees, officers, or employees of the corporation, or by a security interest in not more than 50 percent of the irreducible fund.
2023 Alaska Statutes › Title 10. Corporations and Associations › Chapter 30. Cemetery Associations and Nonprofit Cemetery Corporations › Sec. 10.30.120. Purpose of cemetery lots sold; exemptions.

Cemetery lots sold by a cemetery association or a nonprofit cemetery corporation are for the sole purpose of interment and are exempt from taxation, execution, attachment, or any other claim, lien, or process, if used exclusively for burial purposes without an intention to obtain a profit.
2023 Alaska Statutes › Title 10. Corporations and Associations › Chapter 30. Cemetery Associations and Nonprofit Cemetery Corporations › Sec. 10.30.130. Plans of grounds and cemetery lots.

A cemetery association or nonprofit cemetery corporation shall have a plan of its grounds and cemetery lots as laid out made and recorded in a book kept for that purpose by the clerk of the association or the secretary of the corporation. The cemetery lots shall be numbered by consecutive numbers.
2023 Alaska Statutes › Title 10. Corporations and Associations › Chapter 30. Cemetery Associations and Nonprofit Cemetery Corporations › Sec. 10.30.140. Maintenance of cemetery land.

A cemetery association or nonprofit cemetery corporation may enclose, improve, and adorn the grounds and avenues, erect buildings for the use of the association or corporation, adopt rules for the designation and adornment of cemetery lots and for erecting monuments in the cemetery, and prohibit any use, division, improvement, or adornment of a cemetery lot that the association or corporation considers improper.
2023 Alaska Statutes › Title 10. Corporations and Associations › Chapter 35. Business Names › Sec. 10.35.020. Application to reserve name; availability of name.

(a) Reservation of a business name is made by filing an application with the commissioner. Upon finding that the name is available for business use, the commissioner shall reserve it for the exclusive use of the applicant for a period of 120 days. A name is not available for business use if the name is not distinguishable on the records of the department under AS 10.35.040(a) or gives the impression that the business is incorporated.
(b) The department may adopt regulations under AS 44.62 (Administrative Procedure Act) to implement this section.
2023 Alaska Statutes › Title 10. Corporations and Associations › Chapter 35. Business Names › Sec. 10.35.040. Registration of name.

(a) A person conducting a business may register its name if the name is distinguishable on the records of the department from the name of any other organized entity and from a reserved or registered name. In this subsection,
(1) “organized entity” means
(A) a corporation under AS 10.06;
(B) a foreign corporation authorized under AS 10.06 to transact business in this state;
(C) a BIDCO licensed under AS 10.13;
(D) a cooperative organized under AS 10.15;
(E) a foreign cooperative under AS 10.15 that is authorized under AS 10.06 to do business in this state;
(F) a nonprofit corporation organized under AS 10.20;
(G) a nonprofit foreign corporation authorized under AS 10.20 to transact business in this state;
(H) a cooperative organized under AS 10.25;
(I) a religious corporation formed under AS 10.40;
(J) a professional corporation organized under AS 10.45;
(K) a limited liability company organized under AS 10.50;
(L) a foreign limited liability company registered under AS 10.50;
(M) a registered limited liability partnership under AS 32.06;
(N) a foreign limited liability partnership registered under AS 32.06;
(O) a limited partnership formed under AS 32.11; or
(P) a foreign limited partnership registered under AS 32.11;
(2) “reserved or registered name” means a name reserved or registered under this chapter, AS 10.06, AS 10.50, AS 32.06, or AS 32.11.
(b) Registration of a name gives the person who has registered the name the exclusive right to the use of the name. A person who has registered a name under this chapter
(1) may enjoin the use by another person of a name that is not distinguishable on the records of the department from the registered name;
(2) has a cause of action for damages against another person who uses a name that is not distinguishable on the records of the department from the registered name.
(c) The department may adopt regulations under AS 44.62 (Administrative Procedure Act) to implement (a) of this section.
2023 Alaska Statutes › Title 10. Corporations and Associations › Chapter 35. Business Names › Sec. 10.35.050. Procedure for registration of name.

Registration of a business name is made by filing with the commissioner an application for registration. The application must be executed by an owner of the business and must contain the owner's name and address, the name and addresses of the business, the name and address of each person having an interest in the business, a statement that the owner is doing business, and a brief statement of the nature of the business.
2023 Alaska Statutes › Title 10. Corporations and Associations › Chapter 35. Business Names › Sec. 10.35.070. Renewal of registered name.

A registered business name may be renewed every five years if an application for renewal is filed. An application for renewal must set out the facts required in an original application for registration and be accompanied by a renewal fee to be established by the department by regulation. An application for renewal may be filed between October 1 and December 31 of any year. The renewal of the registration extends the registration for the following five calendar years.
2023 Alaska Statutes › Title 10. Corporations and Associations › Chapter 35. Business Names › Sec. 10.35.500. Definitions.

In this chapter,
(1) “business” means any commercial or industrial enterprise which is not incorporated and which may be owned by a person or persons, partnership, firm, association, or organization;
(2) “commissioner” means the commissioner of commerce, community, and economic development;
(3) “department” means the Department of Commerce, Community, and Economic Development.