reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title XXVII - Corporations, Associations, and Proprietors of Common Lands › Chapter 301 - Cooperative Marketing and Rural Electrification Associations › Section 301:22 - Election; Powers.

301:22 Election;  Powers. –
The directors shall elect from their number a president and one or more vice-presidents. They shall also elect a secretary, who shall be the clerk of the corporation, and a treasurer, who need not be directors or members of the association; and they may combine the 2 latter offices and designate the combined office as that of secretary-treasurer, or unite both functions and titles in one person. The treasurer may be a bank or any depository, and as such, shall not be considered as an officer, but as a function, of the board of directors, and in such case, the secretary shall perform the usual accounting duties of the treasurer, except that the funds shall be deposited only as and where authorized by the board of directors.
Source.
1925, 33:11. PL 224:22. RL 273:22.
2023 New Hampshire Revised Statutes › Title XXVII - Corporations, Associations, and Proprietors of Common Lands › Chapter 301 - Cooperative Marketing and Rural Electrification Associations › Section 301:23 - Bonds.

301:23 Bonds. –
Each officer, employee and agent handling funds or negotiable instruments or property of or for any association shall give to the association a bond, satisfactory to the board of directors, for the faithful performance of his duties and obligations.
Source.
1925, 33:12. PL 224:23. RL 273:23.
2023 New Hampshire Revised Statutes › Title XXVII - Corporations, Associations, and Proprietors of Common Lands › Chapter 301 - Cooperative Marketing and Rural Electrification Associations › Section 301:24 - Compensation.

301:24 Compensation. –
An association may provide a fair remuneration for the time actually spent by its officers and directors in its service and for the service of the members of its executive committee. The bylaws may provide that no director or officer shall occupy any position in the association, on regular salary or substantially full time pay.
Source.
1925, 33:10. PL 224:24. RL 273:24.
2023 New Hampshire Revised Statutes › Title XXVII - Corporations, Associations, and Proprietors of Common Lands › Chapter 301 - Cooperative Marketing and Rural Electrification Associations › Section 301:25 - Membership.

301:25 Membership. –
When a member of an association established without capital stock has paid his membership fee in full, he shall receive a certificate of membership.
Source.
1925, 33:13. PL 224:25. RL 273:25.
2023 New Hampshire Revised Statutes › Title XXVII - Corporations, Associations, and Proprietors of Common Lands › Chapter 301 - Cooperative Marketing and Rural Electrification Associations › Section 301:26 - Stock.

301:26 Stock. –
No association shall issue stock to a member until it has been fully paid for. The promissory notes of the members may be accepted by the association as full or partial payment. The association shall hold the stock as security for the payment of the note; but such retention as security shall not affect the member's right to vote. Until such notes are paid in full, the corresponding stock, to the extent of unpaid balances, shall be carried on the books of the association and upon all financial statements made by the association as "capital stock issued for notes," and the notes shall be carried on such books and statements as "notes given for capital stock."
Source.
1925, 33:13; 142:2. PL 224:26. RL 273:26.
2023 New Hampshire Revised Statutes › Title XXVII - Corporations, Associations, and Proprietors of Common Lands › Chapter 301 - Cooperative Marketing and Rural Electrification Associations › Section 301:27 - Individual Liability.

301:27 Individual Liability. –
No member shall be liable for the debts of the association to an amount exceeding the sum remaining unpaid on his membership fee or his subscription to the capital stock, including any unpaid balance on any promissory note given in payment therefor.
Source.
1925, 33:13. PL 224:27. RL 273:27.
2023 New Hampshire Revised Statutes › Title XXVII - Corporations, Associations, and Proprietors of Common Lands › Chapter 301 - Cooperative Marketing and Rural Electrification Associations › Section 301:28 - Voting.

301:28 Voting. –
Unless otherwise provided in the certificate of organization, no member or stockholder shall be entitled to more than one vote, regardless of the number of shares of stock owned by him.
Source.
1925, 33:13. PL 224:28. 1931, 10:3. RL 273:28.
2023 New Hampshire Revised Statutes › Title XXVII - Corporations, Associations, and Proprietors of Common Lands › Chapter 301 - Cooperative Marketing and Rural Electrification Associations › Section 301:29 - Preferred Stock.

301:29 Preferred Stock. –
Any association organized with stock may issue preferred stock, with or without the right to vote. Such stock may be sold to any person, member, or nonmember, and may be redeemable or retirable by the association on such terms and conditions as may be provided in the certificate of organization and printed on the face of the stock certificate.
Source.
1925, 33:13. PL 224:29. RL 273:29.
2023 New Hampshire Revised Statutes › Title XXVII - Corporations, Associations, and Proprietors of Common Lands › Chapter 301 - Cooperative Marketing and Rural Electrification Associations › Section 301:30 - Transfer of Voting Stock.

301:30 Transfer of Voting Stock. –
The bylaws shall prohibit the transfer of stock of the association entitled to voting rights, other than preferred stock, to persons not qualified to be members of the association and such restrictions shall be printed upon every certificate of stock subject thereto.
Source.
1925, 33:13. PL 224:30. 1929, 66:1. 1933, 73:3. RL 273:30.
2023 New Hampshire Revised Statutes › Title XXVII - Corporations, Associations, and Proprietors of Common Lands › Chapter 301 - Cooperative Marketing and Rural Electrification Associations › Section 301:31 - Marketing.

301:31 Marketing. –
An association and its members may make and execute marketing contracts, requiring the members to sell, for any period of time, not over 10 years, all or any specified part of their agricultural products or specified commodities exclusively to or through the association, or any facilities to be created by the association. If they contract a sale to the association, it shall be conclusively held that title to the products passes to the association upon delivery except for legally recorded chattel mortgages given for value and prior to the first day of July in any season on such products or commodities whether such mortgages are given before or after the making of such contract of sale. The contract may provide, among other things, that the association may sell or re-sell the products delivered by its members, with or without taking title thereto; and pay over to its members the re-sale price, after deducting all necessary selling, overhead and other costs and expenses, including interest or dividends on stock, not exceeding 8 percent per annum, and reserves for retiring the stock, if any; and other proper reserves; and for any other deductions.
Source.
1925, 33:14. PL 224:31. RL 273:31.
2023 New Hampshire Revised Statutes › Title XXVII - Corporations, Associations, and Proprietors of Common Lands › Chapter 301 - Cooperative Marketing and Rural Electrification Associations › Section 301:32 - Damages, Etc.

301:32 Damages, Etc. –
The bylaws or the marketing contract may fix, as liquidated damages, a specific sum to be paid by a member or stockholder to the association upon the breach by him of any provision of the marketing contract regarding the sale or delivery or withholding of products; and may further provide that the member shall pay all costs, premiums for bonds, expenses and fees, in case any action is brought upon the contract by the association; and any such provisions shall be valid and enforceable in the courts of this state; and such clauses providing for liquidated damages shall be enforceable as such and shall not be regarded as penalties.
Source.
1925, 33:15. PL 224:32. RL 273:32.
2023 New Hampshire Revised Statutes › Title XXVII - Corporations, Associations, and Proprietors of Common Lands › Chapter 301 - Cooperative Marketing and Rural Electrification Associations › Section 301:33 - Equitable Remedies.

301:33 Equitable Remedies. –
In the event of any such breach or threatened breach of such marketing contract by a member, the superior court may restrain by injunction further breach of the contract and may decree specific performance thereof. Pending the termination of such an action and upon filing a verified complaint showing the breach or threatened breach, and upon filing a sufficient bond, the said court may grant a temporary restraining order against the member.
Source.
1925, 33:15. PL 224:33. RL 273:33.
2023 New Hampshire Revised Statutes › Title XXVII - Corporations, Associations, and Proprietors of Common Lands › Chapter 301 - Cooperative Marketing and Rural Electrification Associations › Section 301:34 - Landowners' Liability.

301:34 Landowners' Liability. –
In any action upon such marketing agreement, it shall be conclusively presumed that a landowner, landlord or lessor is able to control the delivery of products produced on his land by tenants or others, whose tenancy, possession or work on such land, or the terms of whose tenancy, possession or labor thereon, were created or changed after execution by the landowner, landlord, or lessor, of such a marketing agreement; and in such action, the foregoing remedies for nondelivery or breach shall lie and be enforceable against such landowner, landlord or lessor.
Source.
1925, 33:15. PL 224:34. RL 273:34.
2023 New Hampshire Revised Statutes › Title XXVII - Corporations, Associations, and Proprietors of Common Lands › Chapter 301 - Cooperative Marketing and Rural Electrification Associations › Section 301:35 - Payment in Stock.

301:35 Payment in Stock. –
Whenever an association with preferred capital stock, shall purchase the stock or any property, or interest, it may discharge the obligation so incurred, wholly or in part, by exchanging for the acquired interest shares of its preferred capital stock to an amount which at par value would equal the fair market value of the stock or interest so purchased, as determined by the board of directors. In that case the transfer to the association of the stock or interest purchased shall be equivalent to payment in cash for the shares of stock issued.
Source.
1925, 33:16. PL 224:35. RL 273:35.
2023 New Hampshire Revised Statutes › Title XXVII - Corporations, Associations, and Proprietors of Common Lands › Chapter 301 - Cooperative Marketing and Rural Electrification Associations › Section 301:36 - Stock Ownership.

301:36 Stock Ownership. –
An association may organize, form, operate, own, control, have an interest in, own stock of, or be a member of any other corporation or corporations, with or without capital stock, and engaged in preserving, drying, processing, canning, packing, storing, handling, shipping, utilizing, manufacturing, marketing, or selling the agricultural products handled by the association, or by-products thereof.
Source.
1925, 33:20. PL 224:36. RL 273:36.
2023 New Hampshire Revised Statutes › Title XXVII - Corporations, Associations, and Proprietors of Common Lands › Chapter 301 - Cooperative Marketing and Rural Electrification Associations › Section 301:37 - Warehousing Contracts.

301:37 Warehousing Contracts. –
If such corporations are warehousing corporations, they may issue legal warehouse receipts of the association against the commodities delivered, and such legal warehouse receipts shall be considered as adequate collateral to the extent of the usual and current value of the commodity represented thereby. In case such warehouse is licensed, or licensed and bonded, under the laws of this or any other state or the United States, its warehouse receipt delivered to the association on commodities of the association or its members, or delivered by the association or its members, shall not be challenged or discriminated against because of ownership or control, wholly or in part, by the association.
Source.
1925, 33:20. PL 224:37. RL 273:37.
2023 New Hampshire Revised Statutes › Title XXVII - Corporations, Associations, and Proprietors of Common Lands › Chapter 301 - Cooperative Marketing and Rural Electrification Associations › Section 301:38 - Between Associations.

301:38 Between Associations. –
An association may, upon resolution adopted by its board of directors, enter into all necessary and proper contracts and agreements and make all necessary and proper stipulations, agreements, contracts and arrangements with any other cooperative corporation, association or associations, formed in this or in any other state, for the cooperative and more economical carrying on of its business or any part thereof. Any 2 or more associations may, by agreement, unite in employing and using or may separately employ and use the same personnel, methods, means and agencies for carrying on and conducting their respective businesses.
Source.
1925, 33:21. PL 224:38. RL 273:38.
2023 New Hampshire Revised Statutes › Title XXVII - Corporations, Associations, and Proprietors of Common Lands › Chapter 301 - Cooperative Marketing and Rural Electrification Associations › Section 301:39 - Commissioner of Agriculture, Markets, and Food, Duties and Powers.

301:39 Commissioner of Agriculture, Markets, and Food, Duties and Powers. –
The commissioner of agriculture, markets, and food may by general or specific order prescribe such comprehensive systems of accounting for such associations as will provide information for rendering adequate reports and may require any such association to render reports, in form indicated by him, which shall state the nature and volume of business, resources, liabilities, profits, losses, and any other facts bearing upon the financial condition of the association. The commissioner may investigate the management of any such association and may make the facts, relating to said management, available to the members or stockholders of the association. He may give assistance in the organization, or reorganization, of cooperative associations and may, by general or specific order, require any such association doing business in this state or in the process of organization to file with the department a report of its promotion and organization expenses. He may require any such association to file with the department a certified copy of its bylaws and a certified copy of any marketing contract or agreement between the association and its members or patrons.
Source.
1927, 34:1-4. RL 273:40. 1945, 73:1. RSA 301:39. 1995, 130:5, eff. July 23, 1995.
2023 New Hampshire Revised Statutes › Title XXVII - Corporations, Associations, and Proprietors of Common Lands › Chapter 301 - Cooperative Marketing and Rural Electrification Associations › Section 301:40 - Annual Reports.

301:40 Annual Reports. –
Each association formed under this chapter shall prepare and submit to its annual meeting an annual report containing the name of the association, its principal place of business; a general statement of its business operations during the fiscal year, showing the amount of capital stock paid for and the number of stockholders, if a stock association, or the number of members and amount of membership fees received, if a nonstock association; the total expenses of operation; the amount of its assets and indebtedness or liabilities.
Source.
1925, 33:17. PL 224:39. RL 273:39.
2023 New Hampshire Revised Statutes › Title XXVII - Corporations, Associations, and Proprietors of Common Lands › Chapter 301 - Cooperative Marketing and Rural Electrification Associations › Section 301:41 - Forfeiture of Charter for Default.

301:41 Forfeiture of Charter for Default. –
If any such association shall neglect or refuse to render to the commissioner of agriculture, markets, and food any report required by him under the provisions of RSA 301:39, the charter of such association shall be liable to forfeiture, and it shall be the duty of the commissioner of agriculture, markets, and food to enforce such forfeiture by appropriate proceedings.
Source.
1945, 73:2. RSA 301:41. 1995, 130:5, eff. July 23, 1995.
2023 New Hampshire Revised Statutes › Title XXVII - Corporations, Associations, and Proprietors of Common Lands › Chapter 301 - Cooperative Marketing and Rural Electrification Associations › Section 301:42 - Forbearance.

301:42 Forbearance. –
The commissioner of agriculture, markets, and food may forbear or discontinue such proceedings at any time, upon being satisfied that the delinquency was not willful and upon the rendering by the association of such reports as he may deem necessary.
Source.
1945, 73:2. 1995, 130:5, eff. July 23, 1995.
2023 New Hampshire Revised Statutes › Title XXVII - Corporations, Associations, and Proprietors of Common Lands › Chapter 301 - Cooperative Marketing and Rural Electrification Associations › Section 301:43 - Use of Cooperative as Name.

301:43 Use of Cooperative as Name. –
No person, firm, corporation or association, hereafter organized or hereafter undertaking to do business in this state, as a farmers' marketing association for the sale of farm products, shall be entitled to use the word "cooperative" as part of its corporate or other business name or title, unless it has complied with the provisions of this chapter.
Source.
1925, 33:19. PL 224:40. RL 273:41.
2023 New Hampshire Revised Statutes › Title XXVII - Corporations, Associations, and Proprietors of Common Lands › Chapter 301 - Cooperative Marketing and Rural Electrification Associations › Section 301:44 - Foreign Associations.

301:44 Foreign Associations. –
Any corporation or association organized under generally similar laws of another state shall be allowed to carry on any proper activities, operations and functions in this state upon compliance with the general regulations applicable to foreign corporations desiring to do business in this state, and all contracts which could be made by any association incorporated hereunder, made by or with such association shall be legal and valid and enforceable in this state with all of the remedies set forth in this chapter.
Source.
1925, 33:22. PL 224:41. RL 273:42.
2023 New Hampshire Revised Statutes › Title XXVII - Corporations, Associations, and Proprietors of Common Lands › Chapter 301 - Cooperative Marketing and Rural Electrification Associations › Section 301:45 - Adoption of Provisions.

301:45 Adoption of Provisions. –
Any corporation or association, organized under previously existing statutes, may, by a majority vote of its directors be brought under the provisions of this chapter by limiting its membership and adopting the other restrictions as provided herein. It shall make out in duplicate a statement signed and sworn to by a majority of its directors to the effect that the corporation or association has, by a majority vote of the directors, decided to accept the benefits and be bound by the provisions of this chapter and has authorized all changes accordingly. Articles of incorporation shall be filed as required in RSA 301:4, except that they shall be signed by the members of the then board of directors. The filing fee shall be the same as for filing an amendment to the certificate of organization.
Source.
1925, 33:23. PL 224:42. RL 273:43.
2023 New Hampshire Revised Statutes › Title XXVII - Corporations, Associations, and Proprietors of Common Lands › Chapter 301 - Cooperative Marketing and Rural Electrification Associations › Section 301:46 - Existing Contracts.

301:46 Existing Contracts. –
When any association shall be hereafter incorporated hereunder, all contracts heretofore made, by or on behalf of the same, in anticipation of such incorporation; whether such contracts be made by or in the name of some corporation organized elsewhere or otherwise, shall have the same validity as if made after the passage hereof.
Source.
1925, 33:23. PL 224:43. RL 273:44.
2023 New Hampshire Revised Statutes › Title XXVII - Corporations, Associations, and Proprietors of Common Lands › Chapter 301 - Cooperative Marketing and Rural Electrification Associations › Section 301:47 - Interference With Contracts, Etc.

301:47 Interference With Contracts, Etc. –
Any person or any corporation whose officers or employees knowingly induce or attempt to induce any member or stockholder of an association organized hereunder, or organized under similar statutes of other states, with similar restrictions and rights and operating in this state under due authority, to breach his marketing contract with the association, or who maliciously and knowingly spreads false reports about the finances or management or activity thereof, shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person. Any person shall be liable to the association aggrieved in a civil suit in the penal sum of $500 for each such offense.
Source.
1925, 33:24. PL 224:44. RL 273:45. RSA 301:47. 1973, 529:64, eff. Oct. 31, 1973 at 11:59 p.m.
2023 New Hampshire Revised Statutes › Title XXVII - Corporations, Associations, and Proprietors of Common Lands › Chapter 301 - Cooperative Marketing and Rural Electrification Associations › Section 301:48 - Interference by Warehousemen.

301:48 Interference by Warehousemen. –
Any person, firm or corporation conducting a warehouse within this state who solicits or persuades or knowingly permits any member of any association organized hereunder to breach his marketing contract with the association by accepting or receiving such member's products for sale or for auction or for display for sale, contrary to the terms of any marketing agreement of which said person or any member of the said firm or any active officer or manager of the said corporation has knowledge or notice, shall be liable to the association aggrieved in a civil suit in the penal sum of $500 for each such offense; and such association may apply to the superior court for an injunction against such warehouseman to prevent further breaches and a multiplicity of actions thereon. In addition said warehouseman shall pay to the association a reasonable attorney's fee and all costs involved in any such litigation or proceeding at law.
Source.
1925, 33:25. PL 224:45. RL 273:46.
2023 New Hampshire Revised Statutes › Title XXVII - Corporations, Associations, and Proprietors of Common Lands › Chapter 301 - Cooperative Marketing and Rural Electrification Associations › Section 301:49 - Contracts Legal.

301:49 Contracts Legal. –
No association organized hereunder and complying with the terms hereof shall be deemed to be a conspiracy or a combination in restraint of trade or an illegal monopoly or an attempt to lessen competition or to fix prices arbitrarily; and the marketing contracts and agreements between the association and its members and any agreements authorized in this chapter shall not be deemed illegal as such or in unlawful restraint of trade or as part of a conspiracy or combination to accomplish an improper or illegal purpose.
Source.
1925, 33:26. PL 224:46. RL 273:47.
2023 New Hampshire Revised Statutes › Title XXVII - Corporations, Associations, and Proprietors of Common Lands › Chapter 301 - Cooperative Marketing and Rural Electrification Associations › Section 301:50 - Annual Fee.

301:50 Annual Fee. –
Each association organized hereunder shall pay an annual fee of $25 only, in lieu of all franchise, license, or corporation taxes, or taxes or charges upon reserves held by it for members.
Source.
1925, 33:29; 142:5. PL 224:47. RL 273:48. 2004, 248:24, eff. July 1, 2004.
2023 New Hampshire Revised Statutes › Title XXVII - Corporations, Associations, and Proprietors of Common Lands › Chapter 301 - Cooperative Marketing and Rural Electrification Associations › Section 301:51 - Provisions Applicable.

301:51 Provisions Applicable. –
The appropriate provisions of this title and all powers and rights thereunder shall apply to the associations organized hereunder, except where such provisions are in conflict with or inconsistent with the express provisions hereof. But provisions which are in conflict herewith shall not apply to the associations herein provided for.
Source.
1925, 33:28. PL 224:48. RL 273:49.
2023 New Hampshire Revised Statutes › Title XXVII - Corporations, Associations, and Proprietors of Common Lands › Chapter 301 - Cooperative Marketing and Rural Electrification Associations › Section 301:52 - Penalty.

301:52 Penalty. –
Any officer or director who shall subscribe or make oath to any certificate provided for in RSA 301:4 and 5, which shall contain any false statement, known by such person to be false; or who shall do any act relative to the issue of capital stock which is not permitted by RSA 301:25-30, inclusive, or who shall make or publish any financial statement which he knows does not comply with the provisions of said sections, shall be guilty of a class B felony, and shall also be individually liable to any stockholder of the association or other person for damage caused by reason thereof.
Source.
1925, 142:4. PL 224:50. RL 273:51. RSA 301:52. 1973, 528:192, eff. Oct. 31, 1973 at 11:59 p.m.
2023 New Hampshire Revised Statutes › Title XXVII - Corporations, Associations, and Proprietors of Common Lands › Chapter 301 - Cooperative Marketing and Rural Electrification Associations › Section 301:54 - Application of Laws.

301:54 Application of Laws. –
Cooperative associations organized under RSA 301:53 shall have all of the powers and privileges of cooperatives organized under any other provisions of this chapter.
Source.
1939, 212:1. RL 273:53.
2023 New Hampshire Revised Statutes › Title XXVII - Corporations, Associations, and Proprietors of Common Lands › Chapter 301 - Cooperative Marketing and Rural Electrification Associations › Section 301:55 - Reports.

301:55 Reports. –
Cooperative associations organized under RSA 301:53 shall be subject to the provisions of RSA 301:7 and RSA 301:12 to 18 inclusive, provided, however, that if any such association shall file annually with the public utilities commission, a certified copy of the annual report required to be filed by it with any agency or department of the United States of America pursuant to any mortgage or deed of trust executed by it, such association shall be deemed to have complied fully with all the requirements of this section.
Source.
1939, 212:1. RL 273:54.
2023 New Hampshire Revised Statutes › Title XXVII - Corporations, Associations, and Proprietors of Common Lands › Chapter 301 - Cooperative Marketing and Rural Electrification Associations › Section 301:56 - Service, Right to.

301:56 Service, Right to. –
Any person not receiving central station service who shall apply for membership in a cooperative association organized under this subdivision and shall offer to comply with all reasonable terms and conditions in connection therewith shall be entitled to be admitted to membership therein and to be served thereby and, if such application shall be denied, such person may petition the public utilities commission which shall have power, if it finds after a hearing that such denial was unreasonable, to order such association to admit such person to membership and to serve such person upon such reasonable terms and conditions as the commission shall prescribe.
Source.
1939, 212:1. RL 273:55.
2023 New Hampshire Revised Statutes › Title XXVII - Corporations, Associations, and Proprietors of Common Lands › Chapter 301 - Cooperative Marketing and Rural Electrification Associations › Section 301:58 - Validity of Public Utilities Commission Orders.

301:58 Validity of Public Utilities Commission Orders. –
I. The filing of a certificate of deregulation with the public utilities commission by a rural electric cooperative shall cause the commission to terminate the involvement of the cooperative in any proceeding to the extent that such involvement is no longer under the jurisdiction of the commission.
II. Orders of the commission concerning rural electric cooperatives, issued prior to the effective date of this section or at times when a certificate of regulation is on file shall not be rendered invalid by the filing of a certificate of deregulation, provided, however, that such orders shall not be enforceable as against the cooperative while a certificate of deregulation is on file with the commission. Nothing in this section shall affect the validity or enforceability of orders of the commission concerning service territory, franchise boundaries, or any other matter over which the commission retains authority over a cooperative for which a certificate of deregulation is on file with the public utilities commission.
Source.
1997, 229:3, eff. Aug. 17, 1998.
2023 New Hampshire Revised Statutes › Title XXVII - Corporations, Associations, and Proprietors of Common Lands › Chapter 301 - Cooperative Marketing and Rural Electrification Associations › Section 301:59 - PURPA Jurisdiction.

301:59 PURPA Jurisdiction. –
The public utilities commission shall retain jurisdiction over rural electric cooperatives, regardless of whether or not a certificate of regulation or deregulation is on file, for purpose of implementing and enforcing provisions of the Public Utilities Regulatory Policy Act of 1978, and any successor laws amending, replacing, or repealing the act, and regulations of the Federal Energy Regulatory Commission implementing the act.
Source.
1997, 229:3, eff. Aug. 17, 1998.
2023 New Hampshire Revised Statutes › Title XXVII - Corporations, Associations, and Proprietors of Common Lands › Chapter 301 - Cooperative Marketing and Rural Electrification Associations › Section 301:60 - Consent to Jurisdiction.

301:60 Consent to Jurisdiction. –
Notwithstanding any other provision of law, any rural electric cooperative, without regard to whether a certificate of regulation or deregulation is on file with the public utilities commission, may voluntarily consent to jurisdiction by the commission for the purpose of participating in or initiating proceedings before the commission. The cooperative's voluntary consent shall be nonrevocable and shall be in writing, signed by a duly authorized representative of the cooperative. The consent may be limited to specific issues or requests for relief. Any voluntary consent under this section shall be strictly limited in scope to the issues or proceedings identified in the written consent, and shall not be construed as a more general consent to jurisdiction.
Source.
1997, 229:3, eff. Aug. 17, 1998.
2023 New Hampshire Revised Statutes › Title XXVII - Corporations, Associations, and Proprietors of Common Lands › Chapter 301 - Cooperative Marketing and Rural Electrification Associations › Section 301:61 - Member Access to Records and Meetings.

301:61 Member Access to Records and Meetings. –
A rural electric cooperative which has filed a certificate of deregulation with the public utilities commission shall provide its members with open access to the cooperative's membership meetings, board meetings, and business records to the same extent that citizens of New Hampshire are entitled to access to public records as provided in RSA 91-A. The cooperative shall provide notice of all regular board meetings in its newsletters or as part of the monthly billing statement.
Source.
1997, 229:3, eff. Aug. 17, 1998.
2023 New Hampshire Revised Statutes › Title XXVII - Corporations, Associations, and Proprietors of Common Lands › Chapter 301 - Cooperative Marketing and Rural Electrification Associations › Section 301:62 - Financial Responsibility.

301:62 Financial Responsibility. –
A rural electric cooperative which has filed a certificate of deregulation with the public utilities commission shall not, without prior authorization of the commission, after consent to jurisdiction pursuant to RSA 301:60, notice, and hearing, charge, through its stranded cost recovery charge, delivery services rates, or any other rate or surcharge, any member who does not purchase generation services provided by or acquired through such rural electric cooperative, for any costs of generation services incurred by such rural electric cooperative after retail competition is certified to exist pursuant to RSA 38:36, except for electric power consumed directly by the rural electric cooperative. Nothing in this paragraph shall prevent any member or members from entering contracts of any duration with such rural electric cooperative for the purchase of generation services and being bound by their terms, including damages for termination.
Source.
2001, 29:3, eff. May 22, 2001.
2023 New Hampshire Revised Statutes › Title XXVII - Corporations, Associations, and Proprietors of Common Lands › Chapter 301 - Cooperative Marketing and Rural Electrification Associations › Section 301:63 - Special Contracts.

301:63 Special Contracts. –
The commission shall not order changes in the total rates or impose stranded cost, system benefits, or other restructuring charges under RSA 374-F if the result would be to cause changes in the total rates charged to, or the accounting for revenue received from customers taking service from a rural electric cooperative under special contracts approved pursuant to RSA 378:18 for the duration of those special contracts in effect as of May 1, 2000.
Source.
2001, 86:5, eff. June 19, 2001.
2023 New Hampshire Revised Statutes › Title XXVII - Corporations, Associations, and Proprietors of Common Lands › Chapter 301-A - Consumers' Cooperative Associations › Section 301-A:1 - Definitions.

301-A:1 Definitions. –
In this chapter:
I. "Association" means any corporation formed under this chapter on a nonprofit basis.
II. "Capital" means, when an association is formed without capital stock, the total consideration for which the entire number of memberships in an association is issued.
III. "Member" means any ultimate consumer which has made full payment of the membership fee or minimum membership capital.
IV. "Membership" means membership in an association formed without shares or capital stock as well as membership in a share association or association organized with capital stock.
V. "Net savings" means the total income of an association minus the costs of operation.
VI. "Par value", when used in connection with an association without capital stock, means the consideration for which membership is issued in an association.
VII. "Stockholder" means, in addition to any other definitions used in RSA 292 and 293-A, members in associations formed without capital stock; provided, however, that no association formed under this chapter shall be permitted to issue stock without par value.
VIII. "Ultimate consumer" means a natural person, family, household, or an association, organization, corporation, partnership, sole proprietorship, or other entity, whether organized on a nonprofit or for-profit basis, that uses the goods, services, or facilities provided by an association primarily for purposes other than for resale.
IX. "Cooperative basis", as applied to any incorporated or unincorporated group, means:
(a) That each member has one and only one vote, except as may be altered in the certificate of organization or bylaws in order to provide for voting by member organizations.
(b) That in associations formed with capital stock, the maximum rate of dividends paid on share capital shall not exceed 10 percent per year or such percentage per year as may be approved under the bylaws of the National Consumer Cooperative Bank under 12 U.S.C. section 3001 and 12 U.S.C. section 3015(a)(2), whichever is lower.
(c) That the net savings, after inclusion of the return on capital, are allocated to member patrons or to all patrons in proportion to their patronage of one or more departments within the association; provided, that said net savings may be retained by the association for the actual or potential expansion of services or for the reduction of charges to patrons or for other purposes not inconsistent with the association's nonprofit nature.
(d) That voting by proxy is prohibited.
Source.
1983, 462:1. 1997, 229:4, 5, eff. Aug. 17, 1998.
2023 New Hampshire Revised Statutes › Title XXVII - Corporations, Associations, and Proprietors of Common Lands › Chapter 301-A - Consumers' Cooperative Associations › Section 301-A:2 - Incorporation Under General Law.

301-A:2 Incorporation Under General Law. –
I. Five or more persons, a majority of whom are residents of this state, may form a nonprofit cooperative association with or without capital stock under the provisions of this chapter.
II. An association may be incorporated on a cooperative, nonprofit basis for the purpose of acquiring, producing, building, operating, manufacturing, furnishing, exchanging, or distributing any type or types of property, commodities, goods, or services primarily for the benefit of its members who are ultimate consumers.
III. For purposes of a tenants' association voting to purchase a manufactured housing park, no household shall be charged a tenants' association joining fee of more than $5 to vote either by absentee or in person on the proposed purchase.
Source.
1983, 462:1, eff. July 1, 1983. 2022, 124:2, eff. July 26, 2022.
2023 New Hampshire Revised Statutes › Title XXVII - Corporations, Associations, and Proprietors of Common Lands › Chapter 301-A - Consumers' Cooperative Associations › Section 301-A:3 - Application of General Corporation Law.

301-A:3 Application of General Corporation Law. –
The provisions of RSA 292 and 293-A shall apply to associations formed under this chapter, except those powers inconsistent with this chapter.
Source.
1983, 462:1, eff. July 1, 1983.
2023 New Hampshire Revised Statutes › Title XXVII - Corporations, Associations, and Proprietors of Common Lands › Chapter 301-A - Consumers' Cooperative Associations › Section 301-A:4 - Powers of Association.

301-A:4 Powers of Association. –
Each association shall have the following powers in addition to those granted under RSA 293-A:3.02:
I. To continue as a corporation for the time specified in its certificate.
II. To have a corporate seal and to alter the same at pleasure.
III. To sue and to be sued in its corporate name.
IV. To make bylaws for the government and regulation of its affairs not inconsistent with the laws of this state.
V. To acquire, own, hold, sell, lease, pledge, mortgage or otherwise dispose of any property incident to its purposes and activities.
VI. To entirely own or control and exercise all the rights of membership in other cooperative associations chartered to make goods, services or facilities directly or indirectly available to its owners or voting stockholders on a nonprofit basis.
VII. To make mutual aid agreements with other associations formed on a cooperative and nonprofit basis, including the power to borrow money, contract debts, and make contracts.
VIII. To conduct its affairs within or without the state of New Hampshire.
IX. To exercise all powers not inconsistent with this chapter which may be necessary, convenient, or expedient for the accomplishment of its purposes and, to that end, the foregoing enumeration of powers shall not be deemed exclusive.
Source.
1983, 462:1. 1992, 255:4, eff. Jan. 1, 1993.
2023 New Hampshire Revised Statutes › Title XXVII - Corporations, Associations, and Proprietors of Common Lands › Chapter 301-A - Consumers' Cooperative Associations › Section 301-A:5 - Organization Certificate.

301-A:5 Organization Certificate. –
Before a cooperative association may begin its activities, the president, treasurer, and a majority of the directors shall prepare, subscribe to, and file with the secretary of state a certificate of organization containing:
I. A statement as to the purpose or purposes for which the association is formed.
II. The name of the association which shall include the word "cooperative".
III. The term of existence of the association which may be perpetual.
IV. The location and address of the principal office of the association.
V. The names and addresses of the incorporators of the association.
VI. The names and addresses of the directors who shall manage the affairs of the association for the first year, unless sooner changed by the members.
VII. A statement of whether the association is organized with or without shares, and the number of subscribed for shares or memberships.
VIII. If organized with shares, a statement of the amount of authorized capital, the number and types of shares and the par value thereof which may be placed at any figure, and the rights, preferences, and restrictions of each type of share.
IX. The minimum number or value of shares which must be owned in order to qualify for membership; if organized without shares, a statement of whether the property rights of members shall be equal or unequal, and if unequal, the rule by which their rights shall be determined.
X. The maximum amount or percentage of capital which may be owned or controlled by any member; including a statement of whether or not each member shall be limited to a single share, and whether such single shares shall be of various par values.
XI. The method by which any surplus, upon dissolution of the association, shall be distributed, in conformity with the requirements of RSA 301-A:33.
XII. The articles may also contain any other provisions not inconsistent with law or with this chapter, for the conduct of the association's affairs.
Source.
1983, 462:1, eff. July 1, 1983.
2023 New Hampshire Revised Statutes › Title XXVII - Corporations, Associations, and Proprietors of Common Lands › Chapter 301-A - Consumers' Cooperative Associations › Section 301-A:6 - Certificate.

301-A:6 Certificate. –
The secretary of state shall sign and affix the seal of the state to the certificate of organization. The certificate of organization shall then be returned to the association.
Source.
1983, 462:1, eff. July 1, 1983.
2023 New Hampshire Revised Statutes › Title XXVII - Corporations, Associations, and Proprietors of Common Lands › Chapter 301-A - Consumers' Cooperative Associations › Section 301-A:7 - Existence of Association.

301-A:7 Existence of Association. –
The existence of every association formed under this chapter shall begin once the certificate of organization is filed with the secretary of state, and payment of the fee is made as provided under RSA 301-A:9.
Source.
1983, 462:1, eff. July 1, 1983.
2023 New Hampshire Revised Statutes › Title XXVII - Corporations, Associations, and Proprietors of Common Lands › Chapter 301-A - Consumers' Cooperative Associations › Section 301-A:8 - Amendment of Certificate.

301-A:8 Amendment of Certificate. –
I. Amendments to the certificate of organization may be proposed by a 2/3 vote of the board of directors or by petition of 10 percent of the association's members. Notice of the meeting to consider the proposed amendment shall be sent by the secretary at least 30 days prior to such meeting to each member at his last known address, accompanied by the full text of the proposal and by that part of the certificate to be amended. Such amendment may be adopted by 2/3 of the members voting.
II. If the amendment is to alter the preferences of outstanding shares of any type or to authorize the issuance of shares having superior preferences to outstanding shares of any type, a vote of 2/3 of the members owning such outstanding shares to be affected shall also be required for adoption.
III. A vote of 2/3 of the entire membership shall be required when an amendment is proposed to alter the rule by which members' property rights in a nonshare association are determined.
IV. The amount of capital and the number and par value of shares may be diminished or increased by amendment of the certificate; provided, that capital shall not be diminished below the amount of paid capital existing at the time of amendment.
V. When an amendment is adopted by the members and verified by the president and secretary, it shall be subscribed to by the president, treasurer, and a majority of the directors and filed with the secretary of state.
Source.
1983, 462:1, eff. July 1, 1983.
2023 New Hampshire Revised Statutes › Title XXVII - Corporations, Associations, and Proprietors of Common Lands › Chapter 301-A - Consumers' Cooperative Associations › Section 301-A:9 - Filing Fee.

301-A:9 Filing Fee. –
An association shall pay a fee of $25 to the secretary of state for filing a certificate of organization, and a fee of $25 for filing an amendment to its certificate.
Source.
1983, 462:1. 2004, 248:25, eff. July 1, 2004.
2023 New Hampshire Revised Statutes › Title XXVII - Corporations, Associations, and Proprietors of Common Lands › Chapter 301-A - Consumers' Cooperative Associations › Section 301-A:10 - Adoption of Bylaws.

301-A:10 Adoption of Bylaws. –
Bylaws shall be adopted or repealed by at least a majority vote of the members. Bylaws shall be amended by at least a majority vote of members present at a regular meeting of the association or by at least a majority vote of members casting votes if the bylaws permit voting by absentee ballot, unless the bylaws require at least a majority vote of all members. The majority vote required to amend the bylaws, if greater than a simple majority, shall be specified in either the certificate of organization or the bylaws.
Source.
1983, 462:1. 2001, 197:1, eff. Sept. 3, 2001.
2023 New Hampshire Revised Statutes › Title XXVII - Corporations, Associations, and Proprietors of Common Lands › Chapter 301-A - Consumers' Cooperative Associations › Section 301-A:11 - Contents of Bylaws.

301-A:11 Contents of Bylaws. –
The bylaws may include:
I. The method and terms of admission to membership and the disposal of members' interests on cessation of membership for any reason, including the amount of entrance, organization, and membership fees, and the purposes for which they may be used.
II. The time, place, and manner of calling and conducting meetings.
III. The number of members necessary to constitute a quorum.
IV. The number, qualifications, powers, duties, term of office, and manner, time, and vote for election, of directors and officers; and the division or classification, if any, of directors to provide for rotating or overlapping terms.
V. The compensation, if any, of the directors, and the number of directors necessary to constitute a quorum.
VI. The method of distributing the net savings.
VII. A requirement that patronage refunds to nonmembers be credited toward membership in a nonshare association or toward the purchase of a minimum number of shares in a share association.
VIII. Any other provisions incident to the purposes and activities of the association.
Source.
1983, 462:1, eff. July 1, 1983.
2023 New Hampshire Revised Statutes › Title XXVII - Corporations, Associations, and Proprietors of Common Lands › Chapter 301-A - Consumers' Cooperative Associations › Section 301-A:12 - Membership Qualifications.

301-A:12 Membership Qualifications. –
I. Membership shall be available on a voluntary basis to all persons who can utilize the services of the association and who are willing to accept membership responsibilities. Membership shall be available without any social, political, racial, or religious discrimination, and without any discrimination based upon age, sex, disability, or marital status.
II. An association may set membership criteria based upon geographical boundaries, membership in or affiliation with another organization, or other criteria not inconsistent with paragraph I. Patronage may also be restricted to the members of a cooperative association.
Source.
1983, 462:1. 1990, 140:2, XI, eff. June 18, 1990.
2023 New Hampshire Revised Statutes › Title XXVII - Corporations, Associations, and Proprietors of Common Lands › Chapter 301-A - Consumers' Cooperative Associations › Section 301-A:13 - Payment of Capital; Prerequisite to Membership.

301-A:13 Payment of Capital;  Prerequisite to Membership. –
Any natural person or association, or incorporated or unincorporated group, organized on a cooperative basis, or any nonprofit group, shall be deemed a member upon the full payment of the membership fee or minimum membership capital stated in the bylaws as necessary to qualify for membership. Upon payment in full, each member shall be entitled to a certificate for the amount of his paid share or membership capital.
Source.
1983, 462:1, eff. July 1, 1983.