reglab/statecodes huggingface dataset:
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 §1776. Use of word "cooperative"

§1776. Use of word "cooperative"
No person, firm, corporation or association, domestic or foreign, hereafter commencing business in this State shall use the word "cooperative" as a part of its corporate or business name unless it has complied with this subchapter or some other statute of this State relating to cooperative associations. A foreign association organized under and complying with the cooperative law of the state of such association's creation shall be entitled to use the term "cooperative" in this State if it has obtained the privilege of doing business in this State.
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 §1777. Foreign associations

§1777. Foreign associations
A foreign corporation that can qualify as an association, as defined in section 1774, may be authorized to do business in this State under this subchapter by complying with the laws relating to foreign corporations doing business in the State. It shall pay the same fees and charges as domestic associations. Upon such compliance it shall have all the rights and privileges of like domestic associations.
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 §1778. Inducing breach of contract; spreading false reports; penalty

§1778. Inducing breach of contract; spreading false reports; penalty
1.  Violation.
A person may not:
A. Knowingly induce a member or stockholder of an association to violate the member's or stockholder's marketing contract with the association;   [PL 2003, c. 452, Pt. G, §1 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
B. Knowingly attempt to induce a member or stockholder of an association to violate the member's or stockholder's marketing contract with the association; or   [PL 2003, c. 452, Pt. G, §1 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
C. Intentionally or knowingly spread false reports about the finances or management of the association.   [PL 2003, c. 452, Pt. G, §1 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
[PL 2003, c. 452, Pt. G, §1 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
2.  Penalties.
A person or corporation whose employees or officers violate this section commits a civil violation for which a fine of not less than $100 and not more than $1,000 may be adjudged for each such offense. In addition, the person or corporation is subject to a civil penalty of $500 for each such offense, to be recovered in a civil action by the aggrieved association.
[PL 2003, c. 452, Pt. G, §1 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
SECTION HISTORY
PL 2003, c. 452, §G1 (RPR). PL 2003, c. 452, §X2 (AFF).
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 §1779. License fees

§1779. License fees
Domestic associations and foreign associations admitted to do business in this State shall pay an annual license fee of $10, which shall be in lieu of all other corporation and franchise taxes.
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 §1780. Savings clause

§1780. Savings clause
This subchapter shall not impair or affect any act done, offense committed or right accruing, accrued or acquired, or liability, penalty, forfeiture or punishment incurred prior to July 21, 1945, but the same may be enjoyed, asserted, enforced, prosecuted or inflicted as fully and to the same extent as if this subchapter had not been passed.
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 §1781. Nonprofit associations

§1781. Nonprofit associations
An association is deemed "nonprofit," as the association is not organized to make a profit for that association or for its members, but only for its members as producers of agricultural products.   [PL 1993, c. 316, §11 (NEW).]
SECTION HISTORY
PL 1993, c. 316, §11 (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 §1782. General corporation law; applicability

§1782. General corporation law; applicability
The provisions of the laws related to business corporations and all powers and rights under those laws apply to associations, except when those provisions are in conflict with or inconsistent with the express provisions of this chapter.   [PL 1993, c. 316, §11 (NEW).]
SECTION HISTORY
PL 1993, c. 316, §11 (NEW).
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 85: COOPERATIVES › Subchapter 2: AGRICULTURAL MARKETING AND BARGAINING › Article 2: ORGANIZATION AND POWERS › 13 §1821. Incorporators

§1821. Incorporators
Five or more adult persons, engaged in agriculture as bona fide producers of agricultural products, or 2 or more associations of such producers, may form an association with or without capital stock.
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 85: COOPERATIVES › Subchapter 2: AGRICULTURAL MARKETING AND BARGAINING › Article 2: ORGANIZATION AND POWERS › 13 §1822. Purposes

§1822. Purposes
Such association may be organized for the purpose of engaging in any cooperative activity for producers of agricultural products in connection with:
1.  Producing, selling, etc.
Producing, assembling, marketing, buying or selling agricultural products, or harvesting, preserving, drying, processing, manufacturing, blending, canning, packing, ginning, grading, storing, warehousing, handling, shipping or utilizing such products, or manufacturing or marketing the by-products thereof;
2.  Equipment, feed, fertilizer, etc.
Manufacturing, buying for or supplying to its members and other patrons, machinery, equipment, feed, fertilizer, fuel, seeds and other agricultural and household supplies;
3.  Business or educational services.
Performing or furnishing business or educational services, on a cooperative basis, for or to its members and other patrons; or
4.  Financing.
Financing any of the above enumerated activities for its members, subject to the limitations of Title 9-B, section 466.
[PL 1977, c. 564, §66 (AMD).]
SECTION HISTORY
PL 1977, c. 564, §66 (AMD).
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 85: COOPERATIVES › Subchapter 2: AGRICULTURAL MARKETING AND BARGAINING › Article 2: ORGANIZATION AND POWERS › 13 §1823. Articles of incorporation

§1823. Articles of incorporation
The articles of incorporation must set forth:   [PL 2009, c. 56, §10 (AMD).]
1.  Name.
The name of the association which may or may not include the word "cooperative";
2.  Purposes.
Its purposes;
3.  Duration.
Its duration;
4.  Location of office.
The mailing address and physical address, if different, of its registered office in this State;
[PL 2009, c. 56, §11 (AMD).]
5.  Name and address of incorporators; number of shares.
The name and mailing address and physical address, if different, of the incorporators, and if organized with capital stock, a statement of the number of shares subscribed by each, which may not be less than one, and the class of shares for which each subscribes;
[PL 2009, c. 56, §12 (AMD).]
6.  Names and addresses of first directors.
The names and mailing addresses and physical addresses, if different, of the first directors;
[PL 2009, c. 56, §13 (AMD).]
7.  With or without capital stock; if with, par value shares.
Whether organized with or without capital stock; and if organized with capital stock the total authorized number of par value shares and the par value of each share, and if any of its shares have no par value, the authorized number of such shares; and if more than one class of stock is authorized, a description of the classes of shares, the number of shares in each class, the relative rights, preferences and restrictions granted to or imposed upon the shares of each class and the dividends to which each class shall be entitled;
8.  If without, rights and interests of members.
If organized without capital stock, whether the property rights and interests of each member are equal or unequal; if unequal, the rule by which such rights and interests shall be determined; and
9.  Other provisions.
The articles may contain any other provisions, consistent with law for regulating the association's business or the conduct of its affairs, the establishment of voting districts, the election of delegates to represent such districts and the members residing therein, for voting by proxy, and issuance, retirement and transfer of memberships and stock.
SECTION HISTORY
PL 2009, c. 56, §§10-13 (AMD).
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 85: COOPERATIVES › Subchapter 2: AGRICULTURAL MARKETING AND BARGAINING › Article 2: ORGANIZATION AND POWERS › 13 §1824. Filing and recording articles of incorporation

§1824. Filing and recording articles of incorporation
Before commencing business, the incorporators of every corporation organized under this subchapter shall prepare, sign, date and deliver for filing with the Secretary of State articles of incorporation, in a format approved by the Secretary of State, setting forth the information required under section 1823. The filing fee for a corporation formed under this subchapter is the same as for a corporation organized under Title 13-C. If articles of incorporation delivered for filing to the Secretary of State pursuant to this section satisfy the requirements of this subchapter, the Secretary of State shall file the articles of incorporation. The date of filing is the date of receipt by the Secretary of State. After filing the articles of incorporation under this subchapter, the Secretary of State shall deliver to the corporation or its representative a copy of the document with an acknowledgement of the date of filing.   [PL 2009, c. 56, §14 (AMD).]
SECTION HISTORY
PL 1977, c. 522, §8 (AMD). PL 2007, c. 231, §5 (AMD). PL 2009, c. 56, §14 (AMD).
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 85: COOPERATIVES › Subchapter 2: AGRICULTURAL MARKETING AND BARGAINING › Article 2: ORGANIZATION AND POWERS › 13 §1825. Amendment of articles

§1825. Amendment of articles
1.  Procedure.
An association may amend its articles of incorporation by the affirmative vote of 2/3 of the members voting thereon at any regular meeting, or at a special meeting called for the purpose, or if the association permits its members to vote on the basis of patronage, by the affirmative vote of a majority of the members representing 2/3 of the membership patronage voting thereon. A written or printed notice of the proposed amendment and of the time and place of holding such meetings shall be delivered to each member, or mailed to his last known address as shown by the books of the association, at least 30 days prior to any such meetings. No amendment affecting the preferential rights of any outstanding stock shall be adopted until the written consent of the holders of 2/3 of the outstanding preference shares has been obtained.
2.  Certificate recorded.
After an amendment has been adopted, the president or vice-president and the treasurer or secretary or assistant secretary shall prepare, sign, date and deliver for filing to the Secretary of State articles of amendment, in a format approved by the Secretary of State, setting forth the amendment adopted by the corporation as proposed in subsection 1. The filing fee for an amendment filed under this section is the same as for a corporation filing articles of amendment under Title 13-C. If articles of amendment delivered for filing to the Secretary of State pursuant to this section satisfy the requirements of this section, the Secretary of State shall file the articles of amendment. The date of filing is the date of receipt by the Secretary of State. After filing the articles of amendment under this section, the Secretary of State shall deliver to the corporation or its representative a copy of the document with an acknowledgement of the date of filing.
[PL 2007, c. 231, §6 (AMD).]
SECTION HISTORY
PL 1977, c. 522, §9 (AMD). PL 2007, c. 231, §6 (AMD).
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 85: COOPERATIVES › Subchapter 2: AGRICULTURAL MARKETING AND BARGAINING › Article 2: ORGANIZATION AND POWERS › 13 §1826. Bylaws

§1826. Bylaws
The members of the association may adopt bylaws not inconsistent with law or the articles, and they may alter and amend the same from time to time. The bylaws must be adopted by a majority of the members voting thereon, or if the association permits its members to vote on the basis of patronage, then by a majority of members and a majority of the patronage voting thereon. The bylaws may provide for:
1.  Meetings; quorum.
The time, place and manner of calling and conducting meetings of the members, and the number of members that shall constitute a quorum;
2.  Manner of voting.
The manner of voting and the condition upon which members may vote at general and special meetings and by mail or by delegates elected by district groups or other associations, and the voting power of votes based on patronage;
3.  Provisions as to directors and officers.
Subject to any provision thereon in the articles and in this subchapter, the number, qualifications, compensation, duties and terms of office of directors and officers; the time of their election and the mode and manner of giving notice thereof;
4.  Meetings of directors and executive committee; quorum.
The time, place and manner for calling and holding meetings of the directors and executive committee, and the number that shall constitute a quorum;
5.  Rules.
Rules consistent with law and the articles for the management of the association, the establishment of voting districts, the making of contracts, the issuance, retirement and transfer of stock, and the relative rights, interests and preferences of members and shareholders; and
6.  Penalties.
Penalties for violation of the bylaws.
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 85: COOPERATIVES › Subchapter 2: AGRICULTURAL MARKETING AND BARGAINING › Article 2: ORGANIZATION AND POWERS › 13 §1827. General and special meetings

§1827. General and special meetings
An association may provide in its bylaws for one or more regular meetings each year, which may be held within or without the State at the time and place designated in the bylaws. Special meetings of the members may be called by the board of directors, and it shall be their duty to call such meetings when 10% of the members file with the secretary a petition demanding a special meeting and specifying the business to be considered at such meeting. Notice of all meetings, except as otherwise provided by law, or the articles or bylaws, shall be mailed to each member at least 10 days prior to the meeting, and in case of special meetings the notice shall state the purposes for which it is called, but the bylaws may require that all notices, except of proposed amendments to the articles, shall be given by publication in a periodical published by or for the association, to which substantially all its members are subscribers, or in a newspaper or newspapers whose combined circulation is general in the territory in which the association operates.
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 85: COOPERATIVES › Subchapter 2: AGRICULTURAL MARKETING AND BARGAINING › Article 2: ORGANIZATION AND POWERS › 13 §1829. Information and advice for members

§1829. Information and advice for members
1.  Not in restraint of trade.
No association complying with the terms hereof shall be deemed to be a conspiracy, or a combination in restraint of trade or an illegal monopoly; or be deemed to have been formed for the purpose of lessening competition or fixing prices arbitrarily, nor shall the contracts between the association and its members, or any agreements authorized in this subchapter, be construed as an unlawful restraint of trade or as part of a conspiracy or combination to accomplish an improper or illegal purpose or act.
2.  Information.
An association may acquire, exchange, interpret and disseminate to its members, to other cooperative associations and otherwise, past, present and prospective crop, market, statistical, economic and other similar information relating to the business of the association, either directly or through an agent created or selected by it or by other associations acting in conjunction with it.
3.  Advice.
An association may advise its members in respect to the adjustment of their current and prospective production of agricultural commodities and its relation to the prospective volume of consumption, selling prices and existing or potential surplus, to the end that every market may be served from the most convenient productive areas under a program of orderly marketing that will assure adequate supplies without undue enhancement of prices or the accumulation of any undue surplus.
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 85: COOPERATIVES › Subchapter 2: AGRICULTURAL MARKETING AND BARGAINING › Article 3: OFFICERS AND DIRECTORS › 13 §1871. Directors

§1871. Directors
1.  Membership; term.
The business of the association is managed by a board of not less than 3 directors. The directors must be members of the association or officers, general managers, directors or members of a member association, except that the members of the association may elect, pursuant to the bylaws of the association, to allow the election of nonmember directors of the association by the board of directors, as long as the number of nonmember directors does not exceed 25% of the total number of duly elected member directors. A director shall hold office for the term for which the director was named or elected and until the director's successor is elected and qualified.
[PL 2009, c. 5, §1 (AMD).]
2.  Names; successors.
The names of the first directors shall be stated in the articles. Their successors shall be elected by the members as prescribed by the articles or bylaws.
3.  Duties, etc. prescribed by articles or bylaws.
The number, qualifications, terms of office, manner of election, time and place of meeting and the powers and duties of the directors may, subject to this subchapter, be prescribed by the articles or bylaws.
4.  District directors.
The bylaws may provide, if not restricted by the articles, that the territory in which the association has members shall be divided into districts and that the directors shall be elected according to such districts, either directly or by district delegates elected by the members in that district. In such case, the bylaws shall specify or vest in the board of directors authority to determine the number of directors to be elected by each district and the manner and method of apportioning the directors and of districting and redistricting the territory covered by the association. The bylaws may provide that primary elections shall be held in each district to nominate the directors apportioned thereto and that the result of all such primary elections may be ratified by the next regular meeting of the association or may be considered as a final election.
5.  Executive committee.
The bylaws may provide for an executive committee to be elected by the board of directors from their number and may allot to such committee all the functions and powers of the board, subject to its general direction and control.
SECTION HISTORY
PL 2009, c. 5, §1 (AMD).
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 85: COOPERATIVES › Subchapter 2: AGRICULTURAL MARKETING AND BARGAINING › Article 3: OFFICERS AND DIRECTORS › 13 §1872. -- removal

§1872. -- removal
Any member may ask for the removal of a director by filing charges with the secretary or president of the association, together with a petition signed by 5% of the members requesting the removal of the director in question. The removal shall be voted upon at the next meeting of the members, and by 2/3 of the voting power voting thereon the association may remove the director. The director whose removal is requested shall be served with a copy of the charges not less than 10 days prior to the meeting and shall have an opportunity at the meeting to be heard in person and by counsel and to present evidence. The persons requesting the removal shall have the same opportunity. In case the bylaws provide for election of directors by districts, then the petition for removal of a director must be signed by 20% of the members residing in the district from which he was elected. The board must call a special meeting of the members residing in that district to consider the removal of the director, and by 2/3 of the voting power of the members of that district voting thereon the director in question may be removed from office.
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 85: COOPERATIVES › Subchapter 2: AGRICULTURAL MARKETING AND BARGAINING › Article 3: OFFICERS AND DIRECTORS › 13 §1873. Officers

§1873. Officers
The board shall elect one or more officers as authorized in the bylaws. The bylaws of each cooperative must provide for one or more officers, including the qualifications for and the titles of those officers.   [PL 1999, c. 48, §1 (AMD).]
SECTION HISTORY
PL 1999, c. 48, §1 (AMD).
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 85: COOPERATIVES › Subchapter 2: AGRICULTURAL MARKETING AND BARGAINING › Article 3: OFFICERS AND DIRECTORS › 13 §1874. -- removal

§1874. -- removal
Any member may bring charges of misconduct or incompetency against an officer by filing them with the secretary or president of the association, together with a petition signed by 10% of the members requesting the removal of the officer in question. The directors shall vote upon the removal of the officer at the first meeting of the board held after the hearing on the charges, and the officer may be removed by a majority vote, notwithstanding any contract the officer may have with the association, which shall terminate upon his removal, anything in the contract to the contrary notwithstanding. The officer against whom such charges are made shall be served with a copy of the charges not less than 10 days prior to the meeting, and shall have an opportunity at the meeting to be heard in person and by counsel, and to present evidence, and the persons making the charges shall have the same opportunity.
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 85: COOPERATIVES › Subchapter 2: AGRICULTURAL MARKETING AND BARGAINING › Article 3: OFFICERS AND DIRECTORS › 13 §1875. Referendum

§1875. Referendum
The articles or bylaws may provide that upon demand of 2/5 of all the directors, any matter of policy that has been approved or passed by the board must be referred to the members for their approval before it becomes effective. No referendum shall be allowed unless it is demanded by the required number of directors at the meeting at which the matter of policy in question is adopted.
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 85: COOPERATIVES › Subchapter 2: AGRICULTURAL MARKETING AND BARGAINING › Article 4: MEMBERS AND SHARES › 13 §1911. Members

§1911. Members
1.  Producers of agricultural products.
An association may admit as members only bona fide producers of agricultural products, including tenants and landlords receiving a share of the crop, and cooperative associations of such producers. The incorporators named in the articles are thereby made members of the association, and they shall pay for their membership or stock the same amount and in the same manner as may be required in the case of other members.
2.  Limit of common stock.
The articles may limit the amount of common stock which a member may own.
3.  Vote; liability.
Under the terms and conditions prescribed in the bylaws, a member shall lose his vote if he ceases to belong to the class eligible to membership under this section, but he shall remain subject to any liability incurred by him while a member of the association.
4.  Personal liability.
No member shall be personally liable for any debt or liability of the association.
5.  One vote.
Unless the articles otherwise provide, no member shall have more than one vote.
6.  Member defined.
In agricultural associations organized under this subchapter the term "member" in associations without capital stock may, by the bylaws, include any agricultural producer, either corporate or individual, with whom the association shall do business, either directly or through a member cooperative association, amounting to at least $100 during any fiscal year, and may, by the bylaws, include employees.
7.  Requirements of statute met.
Whenever under this subchapter an association is permitted to take any action, provided such action is authorized by a vote of the members or the vote of a specified proportion of the voting power based on patronage, the requirements of the statute shall be deemed to have been met by an association which has established voting districts and provided for the election of delegates, if such action is authorized by a vote of the delegates representing such members or such voting power.
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 85: COOPERATIVES › Subchapter 2: AGRICULTURAL MARKETING AND BARGAINING › Article 4: MEMBERS AND SHARES › 13 §1912. Certificates; transfers; dividends; preferred stock

§1912. Certificates; transfers; dividends; preferred stock
1.  Certificate for membership or stock.
No certificate for membership or stock shall be issued until fully paid for, but bylaws may provide that a member may vote and hold office prior to payment in full for his membership or stock.
2.  Dividends.
Dividends in excess of 8% on the actual cash value of the consideration received by the association shall not be paid on common or preferred stock or membership capital, but dividends may be cumulative.
3.  Net income distributed.
Net income in excess of dividends and additions to reserves shall be distributed on the basis of patronage, and the books of the association shall show the interest of patrons in the reserves. The bylaws may provide that any distribution to a nonmember, eligible for membership, may be credited to such nonmember until the amount thereof equals the value of a membership certificate or a share of the association's common stock. The distribution credited to the account of a nonmember may be transferred to the reserve fund at the option of the board if, after 6 years, the amount is less than the value of the membership certificate or a share of common stock.
4.  Value of member's interest after withdrawal or termination.
The bylaws may fix a time within which a member shall receive from the association, after he has notified the association of his withdrawal, or after the adoption of a resolution by the board terminating his membership, the value in money of his membership interest in the association as appraised by the board of directors. If the board of directors approves the member's designation of a transferee of his membership interest, the association shall be under no obligation to pay him the value of his interest.
5.  Preferred stock.
An association may issue preferred stock to members and nonmembers. Preferred stock may be redeemed or retired by the association on such terms and conditions as may be provided in the articles and printed on the stock certificate. Preferred stockholders shall not be entitled to vote, but no change in their priority or preference rights shall be effective until the written consent of the holders of 2/3 of the preferred stock has been obtained. Payment for preferred stock may be made in cash, services or property on the basis of the fair value of the stock, services and property as determined by the board.
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 85: COOPERATIVES › Subchapter 2: AGRICULTURAL MARKETING AND BARGAINING › Article 6: MAINE AGRICULTURAL MARKETING AND BARGAINING ACT OF 1973 › 13 §1953. Legislative findings and purpose

§1953. Legislative findings and purpose
Because agricultural products are produced by numerous individual farmers and independent agricultural contractors, the marketing and bargaining position of individual farmers and independent agricultural contractors will be adversely affected unless they are free to join together voluntarily in cooperative organizations as authorized by law. Furthermore, membership by a farmer or independent agricultural contractor in a cooperative organization can only be meaningful if a handler of agricultural products is required to bargain in good faith with an agricultural cooperative organization as the representative of the members of such organization who have had a previous course of dealing with such handler. The purpose of this Article is to provide standards for the qualification of agricultural cooperative organizations for bargaining purposes, to define the mutual obligation of handlers and agricultural cooperative organizations to bargain with respect to the production, sale and marketing of agricultural products and to provide for the enforcement of such obligation.   [PL 2019, c. 248, §2 (AMD).]
SECTION HISTORY
PL 1973, c. 621, §1 (NEW). PL 2019, c. 248, §2 (AMD).
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 85: COOPERATIVES › Subchapter 2: AGRICULTURAL MARKETING AND BARGAINING › Article 6: MAINE AGRICULTURAL MARKETING AND BARGAINING ACT OF 1973 › 13 §1954. Short title

§1954. Short title
Article 6 shall be known and may be cited as the "Maine Agricultural Marketing and Bargaining Act of 1973."   [PL 1973, c. 621, §1 (NEW).]
SECTION HISTORY
PL 1973, c. 621, §1 (NEW).
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 85: COOPERATIVES › Subchapter 2: AGRICULTURAL MARKETING AND BARGAINING › Article 6: MAINE AGRICULTURAL MARKETING AND BARGAINING ACT OF 1973 › 13 §1955. Definitions

§1955. Definitions
As used in this Article, unless the context otherwise requires, the following words shall have the following meanings.   [PL 1973, c. 621, §1 (NEW).]
1.  Association of producers.
"Association of producers" means any association of producers of agricultural products organized and existing under this subchapter.
[PL 1973, c. 621, §1 (NEW).]
2.  Board.
"Board" means the Maine Agricultural Bargaining Board provided for in this Article.
[PL 1973, c. 621, §1 (NEW).]
3.  Handler.
"Handler" means any person engaged in the business or practice of:
A. Acquiring agricultural products from producers or associations of producers for processing or sale;   [PL 1973, c. 621, §1 (NEW).]
B. Grading, packaging, handling, storing or processing agricultural products received from producers or associations of producers;   [PL 1973, c. 621, §1 (NEW).]
C. Contracting or negotiating contracts or other arrangements, written or oral, with or on behalf of producers or associations of producers with respect to the production or marketing of any agricultural product; or   [PL 1973, c. 621, §1 (NEW).]
D. Acting as an agent or broker for a handler in the performance of any function or act specified in paragraph A, B or C.   [PL 1973, c. 621, §1 (NEW).]
In the case of potatoes, "handler" means a processor as defined under Title 7, section 1012, subsection 14 or a person or company acting as an agent, broker or dealer as defined under Title 7, section 1012, subsections 1, 3 and 5, respectively, for a processor located or licensed in the State and providing more than 100,000 hundredweight of potatoes annually to any one processor.
[PL 2007, c. 499, §2 (AMD).]
4.  Person.
"Person" includes one or more individuals, partnerships, corporations and associations.
[PL 1973, c. 621, §1 (NEW).]
5.  Producer.
"Producer" means a person engaged in the production of agricultural products as a farmer, planter, rancher, poultry farmer, dairy farmer, fruit, vegetable or nut grower, or independent agricultural contractor as specified in section 1774, subsections 6‑A and 8‑A. If a producer is also a handler, the producer is considered only a handler for the purposes of this Act.
[PL 2019, c. 248, §3 (AMD).]
6.  Qualified association.
"Qualified association" means an association of producers accredited in accordance with section 1957.
[PL 1973, c. 621, §1 (NEW).]
SECTION HISTORY
PL 1973, c. 621, §1 (NEW). PL 2007, c. 499, §2 (AMD). PL 2019, c. 248, §3 (AMD).
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 85: COOPERATIVES › Subchapter 2: AGRICULTURAL MARKETING AND BARGAINING › Article 6: MAINE AGRICULTURAL MARKETING AND BARGAINING ACT OF 1973 › 13 §1958-A. Final offer arbitration for the potato industry (REPEALED)

§1958-A. Final offer arbitration for the potato industry
(REPEALED)
SECTION HISTORY
PL 1981, c. 274 (NEW). PL 1985, c. 578, §§3,4 (AMD). PL 1987, c. 155, §14 (RP).
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 85: COOPERATIVES › Subchapter 2: AGRICULTURAL MARKETING AND BARGAINING › Article 6: MAINE AGRICULTURAL MARKETING AND BARGAINING ACT OF 1973 › 13 §1960. Copy evidence; oaths; subpoenas (REPEALED)

§1960. Copy evidence; oaths; subpoenas
(REPEALED)
SECTION HISTORY
PL 1973, c. 621, §1 (NEW). PL 1987, c. 155, §19 (RP).
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 85: COOPERATIVES › Subchapter 2: AGRICULTURAL MARKETING AND BARGAINING › Article 6: MAINE AGRICULTURAL MARKETING AND BARGAINING ACT OF 1973 › 13 §1961. Contempt (REPEALED)

§1961. Contempt
(REPEALED)
SECTION HISTORY
PL 1973, c. 621, §1 (NEW). PL 1987, c. 155, §20 (RP).
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 85: COOPERATIVES › Subchapter 2: AGRICULTURAL MARKETING AND BARGAINING › Article 6: MAINE AGRICULTURAL MARKETING AND BARGAINING ACT OF 1973 › 13 §1962. Service (REPEALED)

§1962. Service
(REPEALED)
SECTION HISTORY
PL 1973, c. 621, §1 (NEW). PL 1987, c. 155, §21 (RP).
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 85: COOPERATIVES › Subchapter 2: AGRICULTURAL MARKETING AND BARGAINING › Article 6: MAINE AGRICULTURAL MARKETING AND BARGAINING ACT OF 1973 › 13 §1963. Subpoena

§1963. Subpoena
In any proceeding before the board under this article, the board may issue subpoenas for the attendance of witnesses, or for the production of documents and may examine witnesses under oath provided that:   [PL 1987, c. 155, §22 (AMD).]
1.
Upon written application of a party to a proceeding, the board shall issue subpoenas for the attendance of witnesses or for the production of documents;
[PL 1973, c. 621, §1 (NEW).]
2.
A person who fails to obey the subpoena of the board may be punished as for contempt of court on application by the board to the Superior Court for the county in which such failure occurs;
[PL 1973, c. 621, §1 (NEW).]
3.
Witnesses who are summoned before the board or its agents shall be entitled to the same witness and mileage fees as are paid to witnesses subpoenaed in the District Courts of the State.
[PL 1973, c. 621, §1 (NEW).]
SECTION HISTORY
PL 1973, c. 621, §1 (NEW). PL 1987, c. 155, §22 (AMD).
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 85: COOPERATIVES › Subchapter 2: AGRICULTURAL MARKETING AND BARGAINING › Article 6: MAINE AGRICULTURAL MARKETING AND BARGAINING ACT OF 1973 › 13 §1964. Antitrust

§1964. Antitrust
The activities of qualified associations and handlers in bargaining with respect to the price, terms of sale, compensation for commodities produced under contract or other contract terms relative to agricultural commodities produced by the members of such qualified associations are deemed not to violate any antitrust law of this State. Nothing in this Article may be construed to permit handlers to contract, combine or conspire with one another in bargaining with qualified associations.   [RR 2013, c. 2, §21 (COR).]
SECTION HISTORY
PL 1973, c. 621, §1 (NEW). RR 2013, c. 2, §21 (COR).
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 85: COOPERATIVES › Subchapter 3: EMPLOYEE COOPERATIVE CORPORATIONS › 13 §1971. Title

§1971. Title
This subchapter shall be known and may be cited as the "Employee Cooperative Corporations Act."   [PL 1983, c. 136 (NEW).]
SECTION HISTORY
PL 1983, c. 136 (NEW).
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 85: COOPERATIVES › Subchapter 3: EMPLOYEE COOPERATIVE CORPORATIONS › 13 §1972. Definitions

§1972. Definitions
As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings.   [PL 1983, c. 136 (NEW).]
1.  Employee cooperative.
"Employee cooperative" means a corporation which has duly elected to be governed by this subchapter.
[PL 1983, c. 136 (NEW).]
2.  Member.
"Member" means a natural person who has been accepted for membership in and owns a membership share issued by an employee cooperative.
[PL 1983, c. 136 (NEW).]
3.  Membership fee.
"Membership fee" means an initial payment made by a person to an employee cooperative as a condition to becoming a member.
[PL 1983, c. 136 (NEW).]
4.  Patronage.
"Patronage" means the amount of work performed as a member of an employee cooperative, measured in accordance with the articles of incorporation or bylaws.
[PL 1983, c. 136 (NEW).]
5.  Written notice of allocation.
"Written notice of allocation" means a written instrument which discloses to a member the stated dollar amount of that member's patronage allocation and the terms for payment of that amount by the employee cooperative.
[PL 1983, c. 136 (NEW).]
SECTION HISTORY
PL 1983, c. 136 (NEW).
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 85: COOPERATIVES › Subchapter 3: EMPLOYEE COOPERATIVE CORPORATIONS › 13 §1973. Application of other laws

§1973. Application of other laws
Except as otherwise provided in this subchapter, employee cooperative corporations are governed by Title 13‑C, the Maine Business Corporation Act.   [RR 2001, c. 2, Pt. B, §30 (COR); RR 2001, c. 2, Pt. B, §58 (AFF).]
SECTION HISTORY
PL 1983, c. 136 (NEW). RR 2001, c. 2, §B30 (COR). RR 2001, c. 2, §B58 (AFF).
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 85: COOPERATIVES › Subchapter 3: EMPLOYEE COOPERATIVE CORPORATIONS › 13 §1974. Registration of securities

§1974. Registration of securities
Employee cooperatives are subject to Title 32, chapter 13. The fee charged for registration or renewal shall be $10.   [PL 1983, c. 136 (NEW).]
SECTION HISTORY
PL 1983, c. 136 (NEW).
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 85: COOPERATIVES › Subchapter 3: EMPLOYEE COOPERATIVE CORPORATIONS › 13 §1975. Formation of employee cooperative corporation; revocation

§1975. Formation of employee cooperative corporation; revocation
1.  Election.
Any corporation organized under former Title 13-A or Title 13-C may elect to be governed as an employee cooperative under this subchapter, by so stating in its articles of incorporation or articles of amendment filed in accordance with Title 13-C.
[RR 2001, c. 2, Pt. B, §31 (COR); RR 2001, c. 2, Pt. B, §58 (AFF).]
2.  Revocation.
An employee cooperative may revoke its election under this subchapter by a vote of 2/3 of the members and through articles of amendment duly filed in accordance with Title 13-C.
[RR 2001, c. 2, Pt. B, §31 (COR); RR 2001, c. 2, Pt. B, §58 (AFF).]
SECTION HISTORY
PL 1983, c. 136 (NEW). RR 2001, c. 2, §B31 (COR). RR 2001, c. 2, §B58 (AFF).
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 85: COOPERATIVES › Subchapter 3: EMPLOYEE COOPERATIVE CORPORATIONS › 13 §1976. Use of words "cooperative," "co-op"

§1976. Use of words "cooperative," "co-op"
No person, firm, corporation or association, domestic or foreign, hereafter commencing business in this State may use the word "cooperative" or "co-op" as a part of its corporate name, unless it has complied with this subchapter or some other statute of this State relating to cooperative associations. A foreign association organized under and complying with the cooperative law of the state of its creation shall be entitled to use the term "cooperative" or "co-op" in this State if it has obtained the privilege of doing business in this State.   [PL 1983, c. 136 (NEW).]
SECTION HISTORY
PL 1983, c. 136 (NEW).
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 85: COOPERATIVES › Subchapter 3: EMPLOYEE COOPERATIVE CORPORATIONS › 13 §1977. Membership in employee cooperative corporation

§1977. Membership in employee cooperative corporation
The articles of incorporation or the bylaws shall establish qualifications and the methods of acceptance and termination of members. No person may be accepted as a member unless employed by the employee cooperative on a full-time or part-time basis.   [PL 1983, c. 136 (NEW).]
SECTION HISTORY
PL 1983, c. 136 (NEW).
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 85: COOPERATIVES › Subchapter 3: EMPLOYEE COOPERATIVE CORPORATIONS › 13 §1978. Membership shares; fees

§1978. Membership shares; fees
1.  Issuance of shares.
An employee cooperative shall issue a class of voting stock designated as membership shares.
[PL 1983, c. 136 (NEW).]
2.  Payment.
Each member of an employee cooperative corporation must be issued a membership share upon payment of a membership fee, the amount of which must be determined from time to time by the directors. Title 13‑C, section 621 does not apply to membership shares.
[PL 2003, c. 344, Pt. D, §8 (AMD).]
3.  Ownership limited.
Each member shall own only one membership share, and only members may own those shares.
[PL 1983, c. 136 (NEW).]
4.  Voting stock limited.
Unless otherwise provided in this subchapter or in the articles of incorporation of an employee cooperative, no other capital stock other than membership shares may have voting power. In the event that proposed amendments to the articles of incorporation would adversely affect any nonvoting class of shareholders, such action may not be taken without the vote of those shareholders, as provided in Title 13‑C, sections 1003 and 1004.
[PL 2003, c. 344, Pt. D, §8 (AMD).]
SECTION HISTORY
PL 1983, c. 136 (NEW). PL 2003, c. 344, §D8 (AMD).
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 85: COOPERATIVES › Subchapter 3: EMPLOYEE COOPERATIVE CORPORATIONS › 13 §1979. Amendment of bylaws

§1979. Amendment of bylaws
The bylaws of an employee cooperative may only be amended by members, except as provided in Title 13-C, section 207.   [PL 2003, c. 344, Pt. D, §9 (AMD).]
SECTION HISTORY
PL 1983, c. 136 (NEW). PL 2003, c. 344, §D9 (AMD).
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 85: COOPERATIVES › Subchapter 3: EMPLOYEE COOPERATIVE CORPORATIONS › 13 §1980. Earnings or losses

§1980. Earnings or losses
1.  Apportionment.
The net earnings or losses of an employee cooperative shall be apportioned and distributed at such times and in such manner as the articles of organization or bylaws shall specify. Net earnings declared as patronage allocations with respect to a period of time, and paid or credited to members, shall be apportioned among the members in accordance with the ratio which each member's patronage during the period involved bears to total patronage by all members during that period.
[PL 1983, c. 136 (NEW).]
2.  Method.
The apportionment, distribution and payment of net earnings required by this section may be in cash, credits, written notices of allocation or capital stock issued by the employee cooperative.
[PL 1983, c. 136 (NEW).]
SECTION HISTORY
PL 1983, c. 136 (NEW).
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 85: COOPERATIVES › Subchapter 3: EMPLOYEE COOPERATIVE CORPORATIONS › 13 §1981. Accounting for earnings or losses

§1981. Accounting for earnings or losses
1.  Internal accounts.
Any employee cooperative may establish in its articles of incorporation or bylaws a system of internal capital accounts to reflect the book value and to determine the redemption price of membership shares, capital stock and written notices of allocation.
[PL 1983, c. 136 (NEW).]
2.  Redemption.
The articles of incorporation or bylaws of an employee cooperative may permit the periodic redemption of written notices of allocation and capital stock, and must provide for recall and redemption of the membership share upon termination of membership in the cooperative. No redemption may be made if such redemption would result in the liability of any director or officer of the employee cooperative under Title 13-C.
[RR 2001, c. 2, Pt. B, §32 (COR); RR 2001, c. 2, Pt. B, §58 (AFF).]
3.  Interest.
The articles of incorporation or bylaws may provide for the employee cooperative to pay or credit interest on the balance in each member's internal capital account.
[PL 1983, c. 136 (NEW).]
4.  Collective reserve account.
The articles of incorporation or bylaws may authorize assignment of a portion of retained net earnings and net losses to a collective reserve account. For purposes of this chapter, a collective reserve account means an unindividuated account on the corporate books representing the corporation's entire net book value minus balances in any other equity accounts. Earnings assigned to the collective reserve account may be used for any and all corporate purposes as determined by the board of directors.
[PL 1983, c. 136 (NEW).]
SECTION HISTORY
PL 1983, c. 136 (NEW). RR 2001, c. 2, §B32 (COR). RR 2001, c. 2, §B58 (AFF).