reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 83: CEMETERY CORPORATIONS › Subchapter 6: USE OF UNOCCUPIED INTERMENT SPACES › 13 §1383. Form of notice

§1383. Form of notice
1.  Contents.
The notice of use shall state that the cemetery lot, or portion of the lot, containing the unoccupied interment spaces has not been used for interment purposes for 75 consecutive years and that the record owner has failed to provide for the care and maintenance of the lot for 75 consecutive years.
[PL 1987, c. 579 (NEW).]
2.  Time limit.
The notice of use shall also state that use of the unoccupied spaces may begin one year from the time of serving the notice, unless the record owner or the record owner's heirs:
A. Deliver to the person, association, corporation or municipality having ownership or management of the cemetery written notice claiming ownership of or right to sepulture in the unoccupied interment spaces; and   [PL 1987, c. 579 (NEW).]
B. Pay for the permanent care and maintenance of the cemetery lot, or portion of the lot, containing the unoccupied interment spaces.   [PL 1987, c. 579 (NEW).]
[PL 1987, c. 579 (NEW).]
SECTION HISTORY
PL 1987, c. 579 (NEW).
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 83: CEMETERY CORPORATIONS › Subchapter 6: USE OF UNOCCUPIED INTERMENT SPACES › 13 §1384. Service of notice

§1384. Service of notice
The person, association, corporation or municipality having ownership or management of a cemetery shall choose that method of notice most reasonably anticipated to be effective. Personal service on the record owner in the same way service of process is made in accordance with Maine Rules of Civil Procedure shall be the preferred method. If that is not reasonably possible, personal service in the same manner shall be considered on the heirs or devisees. If that is not reasonably possible, the notice shall be served by delivery by certified mail, return receipt requested, to the record owner at the owner's last known address. If the record owner is deceased or his whereabouts are unknown, the notice shall be served by delivery by certified mail, return receipt requested, to the heirs or devisees of the record owner, to their last known address. If the address of the record owner or heirs or devisees of the record owner cannot be ascertained, then notice of the forfeiture shall be given by one publication in the official newspaper of the county in which the cemetery is located. In addition, the notice shall be recorded in the registry of deeds in the county where the cemetery lot is located.   [PL 1987, c. 579 (NEW).]
SECTION HISTORY
PL 1987, c. 579 (NEW).
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 83: CEMETERY CORPORATIONS › Subchapter 6: USE OF UNOCCUPIED INTERMENT SPACES › 13 §1385. Resale of unoccupied interment spaces

§1385. Resale of unoccupied interment spaces
A person, association, corporation or municipality having ownership or management of a cemetery, and which has acquired the right to use unoccupied interment spaces under section 1381, may sell the unoccupied interment spaces and convey the rights to those spaces. The proceeds from the sale of the unoccupied interment spaces shall be applied solely to the cemetery permanent care and improvement fund for the permanent care and maintenance of the cemetery lot containing the unoccupied interment spaces sold.   [PL 1987, c. 579 (NEW).]
SECTION HISTORY
PL 1987, c. 579 (NEW).
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 83: CEMETERY CORPORATIONS › Subchapter 6: USE OF UNOCCUPIED INTERMENT SPACES › 13 §1386. Applicability

§1386. Applicability
This subchapter does not apply to any cemetery lot containing interment spaces for which permanent care and maintenance has been provided.   [PL 1987, c. 579 (NEW).]
This subchapter does not apply to any cemetery of less than 1/2 of an acre.   [PL 1987, c. 579 (NEW).]
SECTION HISTORY
PL 1987, c. 579 (NEW).
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 85: COOPERATIVES › Subchapter 1: CONSUMER COOPERATIVES › Article 1: GENERAL PROVISIONS › 13 §1501. Definitions

§1501. Definitions
In this subchapter, unless the subject matter requires otherwise:
1.  Association.
"Association" means a group enterprise legally incorporated under this subchapter and shall be deemed to be a nonprofit corporation.
2.  Cooperative basis.
"Cooperative basis" as applied to any incorporated or unincorporated group referred to in subsequent sections of this subchapter means:
A. That each member has one vote and only one vote, except as may be altered in the articles or bylaws by provisions for voting by member organizations;
B. That the maximum rate at which any return is paid on share or membership capital is limited to not more than 6%; and
C. That the net savings after payment, if any, of said limited return on capital and after making provision for such separate funds as may be required or specifically permitted by statute, articles or bylaws shall be allocated or distributed to member patrons, or to all patrons, in proportion to their patronage; or retained by the enterprise for the actual or potential expansion of its services or the reductions of its charges to the patrons, or for other purposes not inconsistent with its nonprofit character.
3.  Member.
"Member" means not only a member in a nonshare association but also a member in a share association.
4.  Net savings.
"Net savings" means the total income of an association minus the costs of operation.
5.  Savings returns.
"Savings returns" means the amount returned to the patrons in proportion to their patronage or otherwise in accordance with this subchapter.
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 85: COOPERATIVES › Subchapter 1: CONSUMER COOPERATIVES › Article 1: GENERAL PROVISIONS › 13 §1502. Existing cooperative groups

§1502. Existing cooperative groups
Any group incorporated under the law of this State and operating on a cooperative basis must file articles of amendment as required by Title 13‑C, and any unincorporated group operating on a cooperative basis in this State may elect by a vote of 2/3 of the members voting to secure the benefits of and be bound by this subchapter. The unincorporated group shall amend its bylaws to conform to the provisions of this subchapter and file articles of incorporation as required by section 1551.   [PL 2007, c. 231, §2 (AMD).]
SECTION HISTORY
PL 2007, c. 231, §2 (AMD).
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 85: COOPERATIVES › Subchapter 1: CONSUMER COOPERATIVES › Article 1: GENERAL PROVISIONS › 13 §1503. Foreign corporations doing business in State

§1503. Foreign corporations doing business in State
A foreign corporation or association operating on a cooperative basis and complying with the applicable laws of the state or District of Columbia wherein it is organized shall be entitled to do business in the State as a foreign cooperative corporation or association upon complying with law for foreign corporations doing business in this State.
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 85: COOPERATIVES › Subchapter 1: CONSUMER COOPERATIVES › Article 1: GENERAL PROVISIONS › 13 §1504. Laws not applicable

§1504. Laws not applicable
No law of the State conflicting or inconsistent with any part of this subchapter shall, to the extent of the conflict or inconsistency, be construed as applicable to associations formed under this subchapter; nor shall any law of the State inappropriate to the purposes of such associations be so construed.
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 85: COOPERATIVES › Subchapter 1: CONSUMER COOPERATIVES › Article 1: GENERAL PROVISIONS › 13 §1505. Taxation

§1505. Taxation
Associations formed under this subchapter and foreign corporations and associations admitted to do business in the State and entitled to the benefits of this subchapter shall pay the annual license fee required of other business corporations and foreign corporations.
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 85: COOPERATIVES › Subchapter 1: CONSUMER COOPERATIVES › Article 1: GENERAL PROVISIONS › 13 §1506. Registration as dealers in securities (REPEALED)

§1506. Registration as dealers in securities
(REPEALED)
SECTION HISTORY
PL 2013, c. 424, Pt. B, §2 (RP).
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 85: COOPERATIVES › Subchapter 1: CONSUMER COOPERATIVES › Article 1: GENERAL PROVISIONS › 13 §1507. Limitation on return on capital

§1507. Limitation on return on capital
The return upon capital shall not exceed 6% per year upon the paid-up capital and shall be noncumulative.
Total return upon capital distributed for any single period shall not exceed 50% of the net savings for that period.
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 85: COOPERATIVES › Subchapter 1: CONSUMER COOPERATIVES › Article 2: ORGANIZATION AND BYLAWS › 13 §1551. Articles of incorporation; first meeting; fees

§1551. Articles of incorporation; first meeting; fees
Articles of incorporation for the formation of an association under this subchapter must be drawn up and filed in the same manner and under the same provisions as for organizing business corporations under Title 13-C, except where such procedure would be inconsistent with this subchapter. The same provision applies under Title 13-C to associations organized under this subchapter in respect to the first meeting of the corporation, and as to fees payable to the Secretary of State.   [PL 2007, c. 231, §3 (AMD).]
SECTION HISTORY
PL 2007, c. 231, §3 (AMD).
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 85: COOPERATIVES › Subchapter 1: CONSUMER COOPERATIVES › Article 2: ORGANIZATION AND BYLAWS › 13 §1552. Who may incorporate

§1552. Who may incorporate
Any 3 or more natural persons or 2 or more associations may incorporate in this State under this subchapter.
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 85: COOPERATIVES › Subchapter 1: CONSUMER COOPERATIVES › Article 2: ORGANIZATION AND BYLAWS › 13 §1553. Purposes

§1553. Purposes
An association may be incorporated under this subchapter to engage in any one or more lawful mode or modes of acquiring, producing, building, operating, manufacturing, furnishing, exchanging or distributing any type or types of property, commodities, goods or services for the primary and mutual benefit of the patrons of the association, or their patrons, if any, as ultimate consumers.
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 85: COOPERATIVES › Subchapter 1: CONSUMER COOPERATIVES › Article 2: ORGANIZATION AND BYLAWS › 13 §1554. Powers

§1554. Powers
An association shall have the capacity to act possessed by natural persons and the authority to do anything required or permitted by this subchapter and also:
1.  Continuation.
To continue as a corporation for the time specified in its articles;
2.  Seal.
To have a corporate seal and to alter the same at pleasure;
3.  Sue and be sued.
To sue and be sued in its corporate name;
4.  Bylaws.
To make bylaws for the government and regulation of its affairs;
5.  Acquire and dispose of property.
To acquire, own, hold, sell, lease, pledge, mortgage or otherwise dispose of any property incident to its purposes and activities;
6.  Own other corporations.
To own and hold membership in and share capital of other associations and any other corporations and any types of bonds or other obligations; and while the owner thereof to exercise all the rights of ownership;
7.  Borrow money; make contracts.
To borrow money, contract debts and make contracts, including agreements of mutual aid or federation with other associations, other groups organized on a cooperative basis and other nonprofit groups;
8.  Operate within and without State.
To conduct its affairs within or without this State;
9.  Powers of ordinary business corporations.
To exercise in addition any power granted to ordinary business corporations, save those powers inconsistent with this subchapter; and
10.  Other powers.
To exercise all powers not inconsistent with this subchapter which may be necessary, convenient or expedient for the accomplishment of its purposes, and to that end, the powers enumerated in this section shall not be deemed exclusive.
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 85: COOPERATIVES › Subchapter 1: CONSUMER COOPERATIVES › Article 2: ORGANIZATION AND BYLAWS › 13 §1555. Bylaws

§1555. Bylaws
Bylaws shall be adopted, amended or repealed by at least a majority vote of the members voting.
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 85: COOPERATIVES › Subchapter 1: CONSUMER COOPERATIVES › Article 2: ORGANIZATION AND BYLAWS › 13 §1556. Meetings

§1556. Meetings
Regular meetings shall be held as prescribed in the bylaws, but shall be held at least once a year. Special meetings may be demanded by a majority vote of the directors or by written petition of at least 3/10 of the membership, in which case it shall be the duty of the secretary to call such meeting to take place within 30 days after such demand.
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 85: COOPERATIVES › Subchapter 1: CONSUMER COOPERATIVES › Article 3: VOTING › 13 §1601. One member, one vote

§1601. One member, one vote
Each member of an association shall have one and only one vote, except that where an association includes among its members any number of other associations or groups organized on a cooperative basis, the voting rights of such member associations or groups may be as prescribed in the articles or bylaws.
No voting agreement or other device to evade the one-member-one-vote rule shall be enforceable by a civil action.
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 85: COOPERATIVES › Subchapter 1: CONSUMER COOPERATIVES › Article 3: VOTING › 13 §1602. No proxies (REPEALED)

§1602. No proxies
(REPEALED)
SECTION HISTORY
PL 1997, c. 7, §1 (RP).
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 85: COOPERATIVES › Subchapter 1: CONSUMER COOPERATIVES › Article 3: VOTING › 13 §1603. Application of provisions to voting by delegates

§1603. Application of provisions to voting by delegates
If an association has provided for voting by delegates, any provision of this subchapter referring to votes cast by the members shall apply to votes cast by delegates; but this shall not permit delegates to vote by mail.
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 85: COOPERATIVES › Subchapter 1: CONSUMER COOPERATIVES › Article 3: VOTING › 13 §1604. Voting by proxy

§1604. Voting by proxy
Unless specified otherwise in an association's articles of incorporation or bylaws, members are permitted to vote by proxy.   [PL 1997, c. 7, §2 (NEW).]
1.  Appointment of agent.
The appointment of one or more agents to vote on behalf of the member must be by written proxy executed by the member or by the member's duly authorized attorney-in-fact. A telegram, cablegram or facsimile appearing to have been transmitted may be considered to satisfy this requirement.
[PL 1997, c. 7, §2 (NEW).]
2.  Duration.
A proxy is valid for only 11 months from the date of its execution, unless otherwise expressly and conspicuously provided in the proxy.
[PL 1997, c. 7, §2 (NEW).]
3.  Revocation.
A proxy is revocable at the pleasure of the person executing it. A proxy may be revoked, without limitation, by an instrument that in terms revokes the proxy or by a subsequent duly executed proxy. The authority of a proxy holder is not revoked by death or supervening incapacity of the member executing the proxy unless, before the authority is exercised, written notice of death or incapacity is filed with the corporate officer responsible for maintaining the list of members. The presence at a members' meeting of the member appointing a proxy does not of itself revoke the proxy. A member may revoke an appointment of a proxy by giving notice to the corporate officer responsible for maintaining a list of members or by giving notice in open meeting of the members.
[PL 1997, c. 7, §2 (NEW).]
SECTION HISTORY
PL 1997, c. 7, §2 (NEW).
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 85: COOPERATIVES › Subchapter 1: CONSUMER COOPERATIVES › Article 4: MEMBERS › 13 §1641. Eligibility and admission to membership

§1641. Eligibility and admission to membership
Any natural person, association, incorporated or unincorporated group organized on a cooperative basis or any nonprofit group shall be eligible for membership in an association, if it has met the qualifications for eligibility, if any, stated in the articles or bylaws and shall be deemed a member upon payment in full for the par value of the minimum amount of share or membership capital stated in the articles as necessary to qualify for membership.
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 85: COOPERATIVES › Subchapter 1: CONSUMER COOPERATIVES › Article 4: MEMBERS › 13 §1642. Subscribers

§1642. Subscribers
Any natural person or group eligible for membership and legally obligated to purchase a share or shares of, or membership in, an association shall be deemed a subscriber. The articles or bylaws may determine whether, and the conditions under which, any voting rights or other rights of membership shall be granted to subscribers.
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 85: COOPERATIVES › Subchapter 1: CONSUMER COOPERATIVES › Article 4: MEMBERS › 13 §1643. Liability of members

§1643. Liability of members
Members shall not be jointly or severally liable for any debts of the association, nor shall a subscriber be so liable except to the extent of the unpaid amount on the shares or membership certificates subscribed by him. No subscriber shall be released from such liability by reason of any assignment of his interest in the shares or membership certificate, but shall remain jointly and severally liable with the assignee until the shares or certificates are fully paid-up.
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 85: COOPERATIVES › Subchapter 1: CONSUMER COOPERATIVES › Article 4: MEMBERS › 13 §1644. Expulsion

§1644. Expulsion
A member may be expelled by the vote of a majority of the members voting at a regular or special meeting. The member against whom the charges are to be preferred shall be informed thereof in writing at least 10 days in advance of the meeting, and shall have an opportunity to be heard in person or by counsel at said meeting. On decision of the association to expel a member, the board of directors shall purchase the member's holdings at par value, if and when there are sufficient reserve funds.
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 85: COOPERATIVES › Subchapter 1: CONSUMER COOPERATIVES › Article 5: SHARES › 13 §1691. Issuance and contents

§1691. Issuance and contents
No certificate for share or membership capital shall be issued until the par value thereof has been paid for in full. There shall be printed upon each certificate issued by an association a full or condensed statement of the requirements of sections pertaining to one-member-one-vote, no proxy and transfer of shares and membership.
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 85: COOPERATIVES › Subchapter 1: CONSUMER COOPERATIVES › Article 5: SHARES › 13 §1692. Transfer of shares and membership; withdrawal

§1692. Transfer of shares and membership; withdrawal
If a member desires to withdraw from the association or dispose of any or all of his holdings, the directors shall have the power to purchase such holdings by paying him the par value of any or all of the holdings offered. The directors shall then reissue or cancel the same. A vote of the majority of the members voting at a regular or special meeting may order the directors to exercise this power to purchase.
If the association fails, within 60 days of the original offer, to purchase all or any part of the holdings offered, the member may dispose of the unpurchased interest elsewhere, subject to the approval of the transferee by a majority vote of the directors. Any would-be transferee not approved by the directors may appeal to the members at their first regular or special meeting thereafter, and the action of the meeting shall be final. If such transferee is not approved, the directors shall exercise their power to purchase, if and when such purchase can be made without jeopardizing the solvency of the association.
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 85: COOPERATIVES › Subchapter 1: CONSUMER COOPERATIVES › Article 6: DISSOLUTION › 13 §1731. Procedure

§1731. Procedure
An association may, at any regular or special meeting legally called, be directed to dissolve by a vote of 2/3 of the entire membership. By a vote of a majority of the members voting, 3 of their number shall be designated as trustees, who shall, on behalf of the association and within a time fixed in their designation or within any extension thereof, liquidate its assets and shall distribute them in the manner set forth in this section. In case of any dissolution of an association, its assets shall be distributed in the following manner and order:
1.  Paying debts and expenses.
By paying its debts and expenses;
2.  Amounts paid by members.
By returning to the members the par value of their shares or of their membership certificates, returning to the subscribers the amounts paid on their subscriptions and returning to the patrons the amount of savings returns credited to their accounts toward the purchase of shares or membership certificates; and
3.  Paying patrons or giving to nonprofit associations.
By distributing any surplus in either or both of the following ways as the articles may provide:
A. Among those patrons who have been members or subscribers at any time during the past 6 years, on the basis of their patronage during that period; or
B. As a gift to any consumers' cooperatives association or other nonprofit enterprise which may be designated in the articles.
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 85: COOPERATIVES › Subchapter 1-A: COOPERATIVE AFFORDABLE HOUSING OWNERSHIP › 13 §1741. Short title

§1741. Short title
This subchapter may be known and cited as the "Maine Cooperative Affordable Housing Ownership Act."   [PL 1993, c. 300, §1 (NEW).]
SECTION HISTORY
PL 1993, c. 300, §1 (NEW).
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 85: COOPERATIVES › Subchapter 1-A: COOPERATIVE AFFORDABLE HOUSING OWNERSHIP › 13 §1743. Application

§1743. Application
1.  Nonprofit.
Cooperative affordable housing corporations are considered nonprofit inasmuch as they are not organized to make a profit for themselves or for their members.
[PL 1993, c. 300, §1 (NEW).]
2.  Applicability.
Except as otherwise provided in this subchapter, cooperative affordable housing corporations in the State are governed by and have all the rights, privileges and powers established in Title 13‑C. Without limiting the applicability of federal law to any other corporation or unincorporated association that provides housing on a cooperative basis, it is the intent that cooperative affordable housing corporations governed by this subchapter qualify as cooperative housing corporations under federal law.
[RR 2001, c. 2, Pt. B, §27 (COR); RR 2001, c. 2, Pt. B, §58 (AFF).]
3.  Election.
Any corporation governed by Title 13‑C may elect by a vote of 2/3 of the members voting to secure the benefits of and be bound by this subchapter and must then amend its articles of incorporation to conform with this subchapter.
[RR 2001, c. 2, Pt. B, §27 (COR); RR 2001, c. 2, Pt. B, §58 (AFF).]
4.  Exemption.
Any corporation or unincorporated association that does not elect to be governed under this subchapter may not be restricted from providing housing on a cooperative basis whether as a consumer cooperative under subchapter I or otherwise.
[PL 1993, c. 300, §1 (NEW).]
SECTION HISTORY
PL 1993, c. 300, §1 (NEW). RR 2001, c. 2, §B27 (COR). RR 2001, c. 2, §B58 (AFF).
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 85: COOPERATIVES › Subchapter 1-A: COOPERATIVE AFFORDABLE HOUSING OWNERSHIP › 13 §1744. Name; use of "cooperative"

§1744. Name; use of "cooperative"
A person, firm, corporation or association, domestic or foreign, commencing business in this State after the effective date of this section may not use the word "cooperative" or "co-op" as a part of its corporate name unless it has complied with this subchapter or any other law of this State relating to cooperative associations. A foreign association organized under and complying with the cooperative laws of the state in which it was created is entitled to use the term "cooperative" or "co-op" in this State if it has obtained the privilege of doing business or carrying on activities in this State.   [PL 1993, c. 300, §1 (NEW).]
SECTION HISTORY
PL 1993, c. 300, §1 (NEW).
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 85: COOPERATIVES › Subchapter 1-A: COOPERATIVE AFFORDABLE HOUSING OWNERSHIP › 13 §1745. Property classification of cooperative interest

§1745. Property classification of cooperative interest
1.  Personal property.
A cooperative interest is personal property.
[PL 1993, c. 300, §1 (NEW).]
2.  Nonseverable interest.
The possessory interest evidenced by a proprietary lease is a part of and may not be severed from a cooperative interest.
[PL 1993, c. 300, §1 (NEW).]
SECTION HISTORY
PL 1993, c. 300, §1 (NEW).
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 85: COOPERATIVES › Subchapter 1-A: COOPERATIVE AFFORDABLE HOUSING OWNERSHIP › 13 §1746. Perfection of security interests in cooperative interests

§1746. Perfection of security interests in cooperative interests
1.  Creation of security interest.
Security interests in shares of cooperative affordable housing corporations may be created, perfected and enforced in the same manner as security interests in certificated securities under Title 11, Articles 8‑A and 9‑A. A lender may perfect such a security interest by possession of shares or by any other method under which security interests in certificated securities may be perfected pursuant to Title 11, Article 8‑A.
[PL 1999, c. 699, Pt. D, §9 (AMD); PL 1999, c. 699, Pt. D, §30 (AFF).]
2.  Notation of secured party.
Upon the request of a secured party, a cooperative affordable housing corporation shall note on its books and records the interest of the secured party in a cooperative interest. Such a request or notation is not required to perfect a security interest in a cooperative interest.
[PL 1993, c. 300, §1 (NEW).]
SECTION HISTORY
PL 1993, c. 300, §1 (NEW). PL 1999, c. 699, §D9 (AMD). PL 1999, c. 699, §D30 (AFF).
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 85: COOPERATIVES › Subchapter 1-A: COOPERATIVE AFFORDABLE HOUSING OWNERSHIP › 13 §1747. Articles of incorporation; minimum requirements

§1747. Articles of incorporation; minimum requirements
Articles of incorporation of a cooperative affordable housing corporation must contain the following provisions in addition to those required by Title 13-C:   [RR 2001, c. 2, Pt. B, §28 (COR); RR 2001, c. 2, Pt. B, §58 (AFF).]
1.  One class of stock.
A statement that the cooperative affordable housing corporation has only one class of stock;
[PL 1993, c. 300, §1 (NEW).]
2.  Restrictions on transfers.
A statement of restrictions, if any, upon transfers of shares;
[PL 1993, c. 300, §1 (NEW).]
3.  Rate of dividend.
The rate of dividend, if any, allocable to membership shares, which may not exceed 6% per annum on invested capital;
[PL 1993, c. 300, §1 (NEW).]
4.  Acquire membership.
The conditions, if any, under which the cooperative affordable housing corporation reserves the right to acquire membership shares;
[PL 1993, c. 300, §1 (NEW).]
5.  Distribution upon dissolution.
The basis for distribution of assets in the event of dissolution;
[PL 1993, c. 300, §1 (NEW).]
6.  Allocation of ownership and voting interests.
The method of allocation of ownership and voting interests in the cooperative affordable housing corporation; and
[PL 1993, c. 300, §1 (NEW).]
7.  Right of first refusal.
The conditions, if any, under which the cooperative affordable housing corporation has a right of first refusal upon proposed transfers of cooperative interest.
[PL 1993, c. 300, §1 (NEW).]
SECTION HISTORY
PL 1993, c. 300, §1 (NEW). RR 2001, c. 2, §B28 (COR). RR 2001, c. 2, §B58 (AFF).
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 85: COOPERATIVES › Subchapter 1-A: COOPERATIVE AFFORDABLE HOUSING OWNERSHIP › 13 §1748. Organizational meeting

§1748. Organizational meeting
Within 6 months after the first conveyance of a share to a member, an organizational meeting of the cooperative affordable housing corporation must be held for the purpose of adopting bylaws, electing officers and transacting such other business as may come before the meeting.   [PL 1993, c. 300, §1 (NEW).]
SECTION HISTORY
PL 1993, c. 300, §1 (NEW).
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 85: COOPERATIVES › Subchapter 1-A: COOPERATIVE AFFORDABLE HOUSING OWNERSHIP › 13 §1749. Membership

§1749. Membership
1.  Capital stock.
A cooperative affordable housing corporation must be organized on a membership basis with capital stock.
[PL 1993, c. 300, §1 (NEW).]
2.  Requirements.
A cooperative affordable housing corporation must have one class of stock and one class of members. The designation, qualifications, requirements, method of acceptance and incidents of membership must be set forth in the articles of incorporation or the bylaws.
[PL 1993, c. 300, §1 (NEW).]
3.  Transfers.
A member may not transfer membership except as permitted in the articles of incorporation or the bylaws.
[PL 1993, c. 300, §1 (NEW).]
4.  Termination.
The articles of incorporation or the bylaws may provide for termination of membership and the conditions and terms of termination.
[PL 1993, c. 300, §1 (NEW).]
SECTION HISTORY
PL 1993, c. 300, §1 (NEW).
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 85: COOPERATIVES › Subchapter 1-A: COOPERATIVE AFFORDABLE HOUSING OWNERSHIP › 13 §1750. Bylaws; minimum requirements

§1750. Bylaws; minimum requirements
The bylaws of a cooperative affordable housing corporation must contain procedures under which the cooperative affordable housing corporation's possessory remedy will be pursued in the event of a member's default and the rights of a defaulting member, in accordance with section 1755, subsection 2.   [PL 1993, c. 300, §1 (NEW).]
SECTION HISTORY
PL 1993, c. 300, §1 (NEW).
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 85: COOPERATIVES › Subchapter 1-A: COOPERATIVE AFFORDABLE HOUSING OWNERSHIP › 13 §1751. Membership shares; requirements

§1751. Membership shares; requirements
A cooperative affordable housing corporation shall issue shares to its members as evidence of their ownership of a cooperative interest. The shares must be in a form prescribed in the articles of incorporation or bylaws of the cooperative affordable housing corporation. Restrictions upon transfers of shares must be noted on the face of the certificates representing shares. Membership shares may not be issued under this section and proprietary leases may not be issued under section 1755 before filing of the articles of incorporation as a cooperative affordable housing corporation.   [PL 1993, c. 300, §1 (NEW).]
SECTION HISTORY
PL 1993, c. 300, §1 (NEW).
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 85: COOPERATIVES › Subchapter 1-A: COOPERATIVE AFFORDABLE HOUSING OWNERSHIP › 13 §1752. Voting

§1752. Voting
1.  One vote per member.
Except as provided in subsection 5, the votes in a cooperative affordable housing corporation must be assigned so that each member has one vote.
[PL 1993, c. 300, §1 (NEW).]
2.  Nonmembers on board.
Nonmembers may be elected by the membership of the cooperative affordable housing corporation to serve on the board of directors of the cooperative affordable housing corporation, except that no more than 1/3 of the directors may be nonmembers.
[PL 1993, c. 300, §1 (NEW).]
3.  Proxy voting.
Voting by proxy may be permitted in cooperative affordable housing corporations, subject to the following limitations:
A. Proxies must be assigned to members; and   [PL 1993, c. 300, §1 (NEW).]
B. No more than one proxy may be voted by any member on any question.   [PL 1993, c. 300, §1 (NEW).]
[PL 1993, c. 300, §1 (NEW).]
4.  Absentee ballots.
Voting by absentee ballots may be permitted in cooperative affordable housing corporations.
[PL 1993, c. 300, §1 (NEW).]
5.  Alternative voting scheme.
Notwithstanding subsection 1, a cooperative affordable housing corporation not organized as a limited equity cooperative pursuant to section 1754 may adopt in its articles of incorporation or bylaws a voting scheme other than one vote per member, except that decisions to merge a cooperative affordable housing corporation with another entity, to dissolve it or to amend its articles of incorporation or bylaws must be made on the basis of one vote per member.
[PL 1993, c. 300, §1 (NEW).]
SECTION HISTORY
PL 1993, c. 300, §1 (NEW).
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 85: COOPERATIVES › Subchapter 1-A: COOPERATIVE AFFORDABLE HOUSING OWNERSHIP › 13 §1753. Merger; consolidation

§1753. Merger; consolidation
A cooperative affordable housing corporation may not consolidate or merge with another corporation other than a cooperative affordable housing corporation. Two or more cooperative affordable housing corporations may consolidate or merge in accordance with Title 13-C, chapter 11. Cooperative affordable housing corporations may not engage in mergers or consolidation if such an action is undertaken for the purpose of circumventing section 1754, 1757, 1758 or 1761.   [RR 2001, c. 2, Pt. B, §29 (COR); RR 2001, c. 2, Pt. B, §58 (AFF).]
SECTION HISTORY
PL 1993, c. 300, §1 (NEW). RR 2001, c. 2, §B29 (COR). RR 2001, c. 2, §B58 (AFF).
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 85: COOPERATIVES › Subchapter 1-A: COOPERATIVE AFFORDABLE HOUSING OWNERSHIP › 13 §1755. Proprietary lease

§1755. Proprietary lease
Every member of a cooperative affordable housing corporation is entitled to receive from the cooperative affordable housing corporation a written proprietary lease that must include the following:   [PL 1993, c. 300, §1 (NEW).]
1.  Personal property security interest.
A provision that the collateral for a loan against the member's cooperative interest is in the nature of a personal property security interest and any default of such a loan entitles the lender to treat the default in the same manner as a default of a loan secured by personal property;
[PL 1993, c. 300, §1 (NEW).]
2.  Remedy for default.
A description of the cooperative affordable housing corporation's possessory remedy in the event of default. Good cause is required for termination of the right of occupancy. "Good cause" includes nonpayment of loans, fees, costs or assessments pertaining to the cooperative interest or material violation of bylaws, rules or proprietary lease that continues following reasonable notice and reasonable opportunity to cure the alleged material violations; and
[PL 1993, c. 300, §1 (NEW).]
3.  Maintenance and carrying charges.
Provisions for determining maintenance and carrying charges for the unit.
[PL 1993, c. 300, §1 (NEW).]
SECTION HISTORY
PL 1993, c. 300, §1 (NEW).
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 85: COOPERATIVES › Subchapter 1-A: COOPERATIVE AFFORDABLE HOUSING OWNERSHIP › 13 §1756. Offering of cooperative interests; subscription agreement; disclosures required

§1756. Offering of cooperative interests; subscription agreement; disclosures required
1.  Materials provided to prospective members.
In conjunction with the offering of cooperative interests to prospective members, a person or entity offering to sell cooperative interests shall provide to a purchaser prior to the execution of a subscription agreement by the purchaser a copy of the proposed or adopted articles of incorporation and bylaws of the cooperative affordable housing corporation, a subscription agreement or sales agreement, a proposed proprietary lease and the most current corporate financial statements, if any exist.
[PL 1993, c. 300, §1 (NEW).]
2.  Contents of agreements.
The subscription agreement or sales agreement must contain:
A. Provisions detailing the cost of acquisition of a cooperative interest, the rights and privileges of membership in the cooperative affordable housing corporation and terms and conditions of occupancy of a unit in the cooperative affordable housing corporation;   [PL 1993, c. 300, §1 (NEW).]
B. Provisions, if any, under which the subscription agreement or sales agreement is subordinated to other agreements or otherwise encumbered;   [PL 1993, c. 300, §1 (NEW).]
C. Provisions for cancellation of the agreement by either party; and   [PL 1993, c. 300, §1 (NEW).]
D. A legally sufficient description of the property.   [PL 1993, c. 300, §1 (NEW).]
[PL 1993, c. 300, §1 (NEW).]
3.  Cancellation.
The subscriber or purchaser has the right to cancel the subscription agreement or sales agreement without penalty upon provision of written notice to the offeror within 10 days of the date of signing the agreement. In the event of a cancellation, all money paid by the subscriber or purchaser to the offeror must be returned to the subscriber or purchaser by the offeror within 14 days of receipt of the notice of cancellation. The offeror shall inform the subscriber or purchaser in writing of the right of cancellation.
[PL 1993, c. 300, §1 (NEW).]
Notwithstanding any other provision of law to the contrary, the offer of membership, shares or other ownership interests in a cooperative affordable housing corporation or any other corporation or unincorporated association organized for the primary purpose of providing housing on a cooperative basis as a consumer cooperative under subchapter 1 or otherwise is not the offer of a security pursuant to Title 32, chapter 135 or any other provision of law.   [PL 2005, c. 65, Pt. C, §7 (AMD).]
SECTION HISTORY
PL 1993, c. 300, §1 (NEW). PL 2005, c. 65, §C7 (AMD).
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 85: COOPERATIVES › Subchapter 1-A: COOPERATIVE AFFORDABLE HOUSING OWNERSHIP › 13 §1757. Consumer protection; enforcement

§1757. Consumer protection; enforcement
Failure or neglect to provide to purchasers the documents and disclosures required by section 1756 is considered a violation of Title 10, chapter 206.   [PL 1993, c. 300, §1 (NEW).]
SECTION HISTORY
PL 1993, c. 300, §1 (NEW).
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 85: COOPERATIVES › Subchapter 1-A: COOPERATIVE AFFORDABLE HOUSING OWNERSHIP › 13 §1758. Dissolution

§1758. Dissolution
By vote of at least 80% of its members or any larger percentage specified in the articles of incorporation or bylaws, a cooperative affordable housing corporation may vote to dissolve and terminate its proprietary leases. In addition, a cooperative affordable housing corporation must file articles of dissolution and pay the fee for dissolution as required for business corporations under Title 13-C.   [PL 2007, c. 231, §4 (AMD).]
SECTION HISTORY
PL 1993, c. 300, §1 (NEW). PL 2007, c. 231, §4 (AMD).
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 85: COOPERATIVES › Subchapter 1-A: COOPERATIVE AFFORDABLE HOUSING OWNERSHIP › 13 §1759. Loans

§1759. Loans
Any lender is authorized to make loans secured by shares in a cooperative affordable housing corporation, including limited equity cooperatives. For purposes of Title 9-A, section 1-202, subsection (8), a loan secured by shares of a cooperative affordable housing corporation must be considered a loan secured by a mortgage on real estate.   [PL 1993, c. 300, §1 (NEW).]
SECTION HISTORY
PL 1993, c. 300, §1 (NEW).
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 85: COOPERATIVES › Subchapter 1-A: COOPERATIVE AFFORDABLE HOUSING OWNERSHIP › 13 §1760. Net income; apportionment

§1760. Net income; apportionment
1.  Apportionment.
Subject to subsection 2, the board of directors of a cooperative affordable housing corporation may apportion annually the remainder of its net income in one or more of the following ways:
A. As a reserve fund for the general operation of the cooperative affordable housing corporation; or   [PL 1993, c. 300, §1 (NEW).]
B. As a dividend not to exceed 6% per annum on invested capital.   [PL 1993, c. 300, §1 (NEW).]
[PL 1993, c. 300, §1 (NEW).]
2.  Cost reduction.
This section does not prevent a cooperative affordable housing corporation from disposing of its net income by reducing the cost of facilities or services or by applying the net income otherwise for the common benefit of its members.
[PL 1993, c. 300, §1 (NEW).]
SECTION HISTORY
PL 1993, c. 300, §1 (NEW).
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 85: COOPERATIVES › Subchapter 1-A: COOPERATIVE AFFORDABLE HOUSING OWNERSHIP › 13 §1761. Nondiscrimination

§1761. Nondiscrimination
Title 5, chapter 337, subchapter IV applies to all cooperative affordable housing corporations in the State.   [PL 1993, c. 300, §1 (NEW).]
SECTION HISTORY
PL 1993, c. 300, §1 (NEW).
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 85: COOPERATIVES › Subchapter 1-A: COOPERATIVE AFFORDABLE HOUSING OWNERSHIP › 13 §1762. Property tax provisions

§1762. Property tax provisions
1.  Property not tax-exempt.
Notwithstanding any provision of law to the contrary, cooperative property does not qualify for property tax exemption under Title 36, section 652, subsection 1, paragraph A.
[PL 1993, c. 300, §1 (NEW).]
2.  Eligibility for property tax relief.
Without limiting the eligibility of members of any other corporation or unincorporated association that provides housing on a cooperative basis for tax relief, a member of a cooperative affordable housing corporation is eligible for any relief afforded to property taxpayers under law.
[PL 1993, c. 300, §1 (NEW).]
3.  Homestead exemption from attachment and execution.
Title 14, section 4422 applies to cooperative interests in cooperative affordable housing corporations.
[PL 1993, c. 300, §1 (NEW).]
SECTION HISTORY
PL 1993, c. 300, §1 (NEW).
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 85: COOPERATIVES › Subchapter 2: AGRICULTURAL MARKETING AND BARGAINING › Article 1: GENERAL PROVISIONS › 13 §1772. Policy

§1772. Policy
It is the declared policy of this State, as one means of improving the economic position of agriculture, to encourage the organization of producers of agricultural products into effective associations under the control of such producers, and to that end this subchapter should be liberally construed.
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 85: COOPERATIVES › Subchapter 2: AGRICULTURAL MARKETING AND BARGAINING › Article 1: GENERAL PROVISIONS › 13 §1773. Uniformity of interpretation

§1773. Uniformity of interpretation
This subchapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 85: COOPERATIVES › Subchapter 2: AGRICULTURAL MARKETING AND BARGAINING › Article 1: GENERAL PROVISIONS › 13 §1774. Definitions

§1774. Definitions
As used in this subchapter, unless the context otherwise indicates, the following terms shall have the following meanings.   [PL 1979, c. 541, Pt. A, §133 (AMD).]
1.  Agricultural products.
"Agricultural products" include floricultural, horticultural, viticultural, forestry, nut, dairy, livestock, poultry, bee and any farm products.
2.  Articles.
"Articles" means the articles of incorporation.
3.  Association.
"Association" means a corporation organized under this subchapter, or a similar domestic corporation, or a foreign association or corporation if authorized to do business in this State, organized under any general or special Act as a cooperative association for the mutual benefit of its members, as agricultural producers, and which confines its operations to purposes authorized by this subchapter and restricts the return on the stock or membership capital and the amount of its business with nonmembers to the limits placed thereon by this subchapter for associations organized hereunder.
[PL 1993, c. 316, §10 (AMD).]
4.  Board.
"Board" means the board of directors.
5.  Domestic association.
"Domestic association" means an association or corporation formed under the laws of this State.
6.  Foreign association.
"Foreign association" means an association or corporation not formed under the laws of this State.
6-A.  Independent agricultural contractor.
"Independent agricultural contractor" means a person who grows under contract, or who harvests or hauls forest products under contract, as the person's primary activity or as part of a general agricultural activity.
[PL 2019, c. 248, §1 (AMD).]
6-B.  Marketing contract.
"Marketing contract" includes a contract related to the marketing of agricultural products and a contract by an independent agricultural contractor for furnishing services and facilities in raising or growing agricultural products.
[PL 1971, c. 502 (NEW).]
7.  Member.
"Member" includes the holder of a membership in an association without capital stock and the holder of common stock in an association organized with capital stock.
8.  Person.
"Person" includes an individual, a partnership, a corporation and an association.
8-A.  Producers.
"Producers" includes independent agricultural contractors.
[PL 1971, c. 502 (NEW).]
9.  Subchapter.
"This subchapter" means the "Uniform Agricultural Cooperative Association Act."
SECTION HISTORY
PL 1971, c. 502 (AMD). PL 1979, c. 541, §A133 (AMD). PL 1993, c. 316, §10 (AMD). PL 2019, c. 248, §1 (AMD).
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 85: COOPERATIVES › Subchapter 2: AGRICULTURAL MARKETING AND BARGAINING › Article 1: GENERAL PROVISIONS › 13 §1775. Existing associations

§1775. Existing associations
Any existing association formed under any law of this State as a cooperative agricultural association may elect, by a vote of 2/3 of the members voting thereon at a legal meeting, to secure the benefits of and be bound by this subchapter, and shall thereupon amend such of its articles and bylaws as are not in conformity with this subchapter. A certificate of the action taken at such meeting shall be filed with the Secretary of State within 20 days after such meeting, and a fee of $5 shall be paid.