reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 16 - COOPERATIVE MARKETING ASSOCIATIONS (§§ 43-16-101 — 43-16-148) › Section 43-16-112 - Articles to be signed, acknowledged, and filed - Prima facie evidence of incorporation

The articles must be signed by the incorporators; and when filed, the articles of incorporation, or certified copies thereof, shall be received in all the courts of this state and other places as prima facie evidence of the due incorporation of the association.
Acts 1923, ch. 100, § 8; Shan. Supp., § 2534a36; mod. Code 1932, § 3794; T.C.A. (orig. ed.), § 43-1812; Acts 1991, ch. 243, § 2.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 16 - COOPERATIVE MARKETING ASSOCIATIONS (§§ 43-16-101 — 43-16-148) › Section 43-16-113 - Amendment of articles of incorporation

(a)
An amendment, including a conversion to a general nonprofit corporation pursuant to §
48-61-109
, must be approved by two-thirds (2/3) of the directors. An amendment changing the name of the association or its principal place of business must be adopted by the association if notice of the board of directors meeting to consider the amendment is given to the members as provided in §
43-16-115
. All other amendments must also be adopted by a vote representing a majority of all the members of the association as provided in this section.
(b)
(1)
If, at a meeting of the members of the association to which a proposed amendment has been submitted, a majority of the members are not present, then those present and members voting by any method allowed in the organization's bylaws, whether or not a quorum is present, may adjourn the meeting to a time and place certain.
(2)
Prior to the convening of the adjourned meeting, notice of the adjourned meeting must be given to the members solely to vote and count ballots received by any method allowed in the organization's bylaws, including in person, by proxy, mail, or an electronic method, on the proposed amendment. The notice must state the time, place, and purpose of the adjourned meeting.
(3)
When the meeting reconvenes, the members represented by any method allowed by the organization's bylaws, including a member being present in person, and those voting by proxy, mail, or an electronic method, constitute the quorum, and may take action on the proposed amendment by a majority vote of those represented, even if fewer than a majority of the total membership of the association is present.
Amended by 2023 Tenn. Acts, ch. 97, s 1, eff. 7/1/2023.
Amended by 2015 Tenn. Acts, ch. 323, s 2, eff. 4/28/2015.
Acts 1923, ch. 100, § 9; Shan. Supp., § 2534a37; mod. Code 1932, § 3795; Acts 1976, ch. 753, § 1; T.C.A. (orig. ed.), § 43-1813.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 16 - COOPERATIVE MARKETING ASSOCIATIONS (§§ 43-16-101 — 43-16-148) › Section 43-16-114 - Code of bylaws - Provisions

Each association incorporated under this chapter must, within thirty (30) days after its incorporation, adopt for its government and management, a code of bylaws, not inconsistent with the powers granted by this chapter. A majority vote of the members or stockholders, or their written assent, is necessary to adopt such bylaws. Each association, under its bylaws, may provide for any or all of the following matters:
(1)
The number of stockholders or members constituting a quorum;
(2)
The right of members or stockholders to vote by proxy or by mail, or both; and the conditions, manner, form, and effects of such votes;
(3)
The number of directors constituting a quorum;
(4)
The qualifications, compensation and duties and terms of office of directors and officers; time of their election and the mode and manner of giving notice thereof;
(5)
Penalties for violations of the bylaws;
(6)
The amount of entrance, organization, and membership fees, if any; the manner and method of collection of such fees; and the purposes for which they may be used;
(7)
The amount that each member or stockholder shall be required to pay annually or from time to time, if at all, to carry on the business of the association; the charge, if any, to be paid by each member or stockholder for services rendered by the association and the time of payment and the manner of collection; and the marketing contract between the association and its members or stockholders, which every member or stockholder may be required to sign; and
(8)
The number and qualification of members or stockholders of the association and the conditions precedent to membership or ownership of common stock; the method, time, and manner of permitting members to withdraw or the holders of common stock to transfer their stock; the manner of assignment and transfer of the interest of members and of the shares of common stock; the conditions upon which and the time when membership of any member shall cease; the automatic suspension of the rights of a member when the member ceases to be eligible to membership in the association; and the mode, manner and effect of the expulsion of a member; the manner of determining the value of a member's interest and provision for its purchase by the association upon the death or withdrawal of a member or stockholder, or upon the expulsion of a member or forfeiture of the member's membership, or, at the option of the association, the purchase at a price fixed by conclusive appraisal by the board of directors. In case of the withdrawal or expulsion of a member, the board of directors shall equitably and conclusively appraise the member's property interests in the association and shall fix the amount thereof in money, which shall be paid to the member within one (1) year after such expulsion or withdrawal.
Acts 1923, ch. 100, § 10; Shan. Supp., § 2534a38; mod. Code 1932, § 3796; T.C.A. (orig. ed.), § 43-1814.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 16 - COOPERATIVE MARKETING ASSOCIATIONS (§§ 43-16-101 — 43-16-148) › Section 43-16-115 - Regular and special meetings - Notice - Provisions as to notice

In its bylaws, each association shall provide for one (1) or more regular meetings annually. The board of directors shall have the right to call a special meeting at any time; and ten percent (10%) of the members or stockholders may file a petition stating the specific business to be brought before the association and demand a special meeting at any time. A meeting must thereupon be called by the directors. Notice of all meetings, together with a statement of the purposes thereof, shall be mailed to each member at least ten (10) days prior to the meeting; provided, that the bylaws may require instead that notice may be given by publication in a newspaper of general circulation, published at the principal place of business of the association.
Acts 1923, ch. 100, § 11; Shan. Supp., § 2534a39; Code 1932, §3797; T.C.A. (orig. ed.), § 43-1815.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 16 - COOPERATIVE MARKETING ASSOCIATIONS (§§ 43-16-101 — 43-16-148) › Section 43-16-116 - Management by directors - District directors - Bylaw provisions as to selection and qualifications

(a)
The affairs of the association shall be managed by a board of not less than five (5) directors, elected by the members or stockholders from their own number.
(b)
The bylaws may provide that the territory in which the association has members shall be divided into districts and that the directors shall be elected according to these districts, either directly or by district delegates elected by the members in that district. In such a case, the bylaws shall specify the number of directors to be elected by each district, the manner and method of reapportioning the directors and of redistricting the territory covered by the association. The bylaws may provide that primary elections shall be held in each district to elect the directors apportioned to the districts, and that the result of all such primary elections may be ratified by the next regular meeting of the association or may be considered final as to the association.
(c)
The bylaws may provide that one (1) or more directors may be appointed by any public official or commission or by the other directors selected by the members or their delegates. Such directors shall represent primarily the interest of the general public in such associations. The directors so appointed need not be members or stockholders of the association, but shall have the same powers and rights as other directors. Such directors shall not number more than one fifth (1/5) of the entire number of directors.
Acts 1923, ch. 100, § 12; Shan. Supp., § 2534a40; Code 1932, §3798; T.C.A. (orig. ed.), § 43-1816.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 16 - COOPERATIVE MARKETING ASSOCIATIONS (§§ 43-16-101 — 43-16-148) › Section 43-16-117 - Remuneration of officers, directors, and committeemen

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.
Acts 1923, ch. 100, § 12; Shan. Supp., § 2534a41; Code 1932, §3799; T.C.A. (orig. ed.), § 43-1817.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 16 - COOPERATIVE MARKETING ASSOCIATIONS (§§ 43-16-101 — 43-16-148) › Section 43-16-118 - Directors not to be interested in contracts for profit - Directors occupying positions in association

No director, during that director's term of office, shall be a party to a contract for profit with the association differing in any way from the business relations accorded regular members or holders of common stock of the association or others, or differing from terms generally current in that district. The bylaws may provide that no director shall occupy any position in the association, except the president and secretary, on regular salary or substantially full-time pay.
Acts 1923, ch. 100, § 12; Shan. Supp., § 2534a42; Code 1932, §3800; T.C.A. (orig. ed.), § 43-1818.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 16 - COOPERATIVE MARKETING ASSOCIATIONS (§§ 43-16-101 — 43-16-148) › Section 43-16-119 - Executive committee and its functions

The bylaws may provide for an executive committee and may allot to such committee all the functions and powers of the board of directors, subject to the general direction and control of the board.
Acts 1923, ch. 100, § 12; Shan. Supp., § 2534a43; Code 1932, §3801; T.C.A. (orig. ed.), § 43-1819.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 16 - COOPERATIVE MARKETING ASSOCIATIONS (§§ 43-16-101 — 43-16-148) › Section 43-16-120 - Vacancies in board of directors - Filling

When a vacancy on the board of directors occurs other than by expiration of term, the remaining members of the board, by a majority vote, shall fill the vacancy, unless the bylaws provide for an election of directors by district stockholders. In that case, the board of directors shall immediately call a special meeting of the members or stockholders in that district to fill the vacancy.
Acts 1923, ch. 100, § 12; Shan. Supp., § 2534a44; Code 1932, §3802; T.C.A. (orig. ed.), § 43-1820.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 16 - COOPERATIVE MARKETING ASSOCIATIONS (§§ 43-16-101 — 43-16-148) › Section 43-16-121 - Officers elected by directors - Treasurer

The directors shall elect from their number a president and one (1) or more vice presidents. They shall also elect a secretary and a treasurer, who need not be directors or members of the association; and they may combine the two (2) latter offices and designate the combined office as secretary-treasurer; or unite both functions and titles in one (1) 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. In that case, the secretary shall perform the usual accounting duties of the treasurer, excepting that the funds shall be deposited only as and where authorized by the board of directors.
Acts 1923, ch. 100, § 13; Shan. Supp., § 2534a45; Code 1932, §3803; T.C.A. (orig. ed.), § 43-1821.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 16 - COOPERATIVE MARKETING ASSOCIATIONS (§§ 43-16-101 — 43-16-148) › Section 43-16-122 - Bonds - Of whom required

Every officer, employee, and agent handling funds or negotiable instruments or property of or for any association created under this chapter shall be required to execute and deliver adequate bond for the faithful performance of that person's duties and obligations.
Acts 1923, ch. 100, § 14; Shan. Supp., § 2534a46; Code 1932, §3804; T.C.A. (orig. ed.), § 43-1822.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 16 - COOPERATIVE MARKETING ASSOCIATIONS (§§ 43-16-101 — 43-16-148) › Section 43-16-123 - Certificate of membership

A member of an association established without capital stock who has paid the membership fee in full shall receive a certificate of membership.
Acts 1923, ch. 100, § 15; Shan. Supp., § 2534a47; Code 1932, §3805; T.C.A. (orig. ed.), § 43-1822.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 16 - COOPERATIVE MARKETING ASSOCIATIONS (§§ 43-16-101 — 43-16-148) › Section 43-16-124 - Stock - Issuance upon payment - Voting right unaffected where held as security

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.
Acts 1923, ch. 100, § 15; Shan. Supp., § 2534a48; Code 1932, §3806; T.C.A. (orig. ed.), § 43-1824.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 16 - COOPERATIVE MARKETING ASSOCIATIONS (§§ 43-16-101 — 43-16-148) › Section 43-16-125 - Liability of members for debts

No member shall be liable for the debts of the association to an amount exceeding the sum remaining unpaid on the member's membership fee or the member's subscription to the capital stock, including any unpaid balance on any promissory notes given in payment of that amount.
Acts 1923, ch. 100, § 15; Shan. Supp., § 2534a49; Code 1932, §3807; T.C.A. (orig. ed.), § 43-1825.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 16 - COOPERATIVE MARKETING ASSOCIATIONS (§§ 43-16-101 — 43-16-148) › Section 43-16-126 - Member or stockholder entitled to only one vote

No member or stockholder shall be entitled to more than one (1) vote, regardless of the number of shares of common stock owned by that person.
Acts 1923, ch. 100, § 15; Shan. Supp., § 2534a51; Code 1932, §3809; T.C.A. (orig. ed.), § 43-1827.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 16 - COOPERATIVE MARKETING ASSOCIATIONS (§§ 43-16-101 — 43-16-148) › Section 43-16-127 - Preferred stock - Redemption or retirement

Any association organized with stock under this chapter may issue preferred stock, with or without the right to vote. Preferred stock may be sold to any person, member or nonmember, and may be redeemable or retireable by the association on such terms and conditions as may be provided for by the articles of incorporation and printed on the face of the certificate.
Acts 1923, ch. 100, § 15; Shan. Supp., § 2534a52; Code 1932, §3810; T.C.A. (orig. ed.), § 43-1828.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 16 - COOPERATIVE MARKETING ASSOCIATIONS (§§ 43-16-101 — 43-16-148) › Section 43-16-128 - Common stock not to be transferred to persons not engaged in agricultural production

The bylaws shall prohibit the transfer of the common stock of the association to persons not engaged in the production of agricultural products handled by the association; and such restrictions must be printed upon every certificate of stock subject to the restrictions.
Acts 1923, ch. 100, § 15; Shan. Supp., § 2534a53; Code 1932, §3811; T.C.A. (orig. ed.), § 43-1829.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 16 - COOPERATIVE MARKETING ASSOCIATIONS (§§ 43-16-101 — 43-16-148) › Section 43-16-129 - Purchase of its common stock by association

The association may, at any time, as specified in the bylaws, except when the debts of the association exceed fifty percent (50%) of the assets of the association, buy in or purchase its common stock at the book value of the common stock, as conclusively determined by the board of directors, and pay for it in cash within one (1) year after the purchase.
Acts 1923, ch. 100, § 15; Shan. Supp., § 2534a54; Code 1932, §3812; T.C.A. (orig. ed.), § 43-1830.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 16 - COOPERATIVE MARKETING ASSOCIATIONS (§§ 43-16-101 — 43-16-148) › Section 43-16-130 - Removal of officers or directors

Any member may bring charges against an officer or director by filing them in writing with the secretary of the association, together with a petition signed by five percent (5%) of the members, requesting the removal of the officer or director in question. The removal shall be voted upon at the next regular or special meeting of the association and, by a vote of a majority of the members, the association may remove the officer or director, and fill the vacancy. The officer or director against whom the charges have been brought shall be informed in writing of the charges previous to the meeting and shall have an opportunity at the meeting to be heard in person or by counsel and to present witnesses; and the person or persons bringing the charges against the officer or director shall have the same opportunity.
Acts 1923, ch. 100, § 16; Shan. Supp., § 2534a55; Code 1932, §3813; T.C.A. (orig. ed.), § 43-1831.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 16 - COOPERATIVE MARKETING ASSOCIATIONS (§§ 43-16-101 — 43-16-148) › Section 43-16-131 - Procedure for removal of directors elected in a district

In case the bylaws provide for election of directors by districts with primary elections in each district, then the petition for removal of a director must be signed by twenty percent (20%) of the members residing in the district from which the director was elected. The board of directors must call a special meeting of the members residing in that district to consider the removal of the directors; and by a vote of the majority of the members of that district, the director in question shall be removed from office.
Acts 1923, ch. 100, § 16; Shan. Supp., § 2534a56; Code 1932, §3814; T.C.A. (orig. ed.), § 43-1832.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 16 - COOPERATIVE MARKETING ASSOCIATIONS (§§ 43-16-101 — 43-16-148) › Section 43-16-132 - Referendum of policy matters upon demand to entire membership

Upon demand of one third (1/3) of the entire board of directors, made immediately and so recorded at the same meeting at which the original motion was passed, any matter of policy that has been approved or passed by the board must be referred to the entire membership or the stockholders for decision at the next special or regular meeting; and a special meeting may be called for the purpose.
Acts 1923, ch. 100, § 17; Shan. Supp., § 2534a57; Code 1932, §3815; T.C.A. (orig. ed.), § 43-1833.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 16 - COOPERATIVE MARKETING ASSOCIATIONS (§§ 43-16-101 — 43-16-148) › Section 43-16-133 - Marketing contracts with association

The association and its members may make and execute marketing contracts, requiring the members to sell, for any period of time, not over ten (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 absolutely and unreservedly, except for recorded and statutory liens, to the association upon delivery. The contract may provide, among other things, that the association may sell or resell the products delivered by its members, with or without taking title thereto, and pay over to its members the resale price, after deducting all necessary selling, overhead, and other costs and expenses, including interest or dividends on stock, not exceeding eight percent (8%) per annum, and reserves for retiring the stock, if any; and other proper reserves; and/or any other deductions.
Acts 1923, ch. 100, § 18; Shan. Supp., § 2534a58; Code 1932, §3816; T.C.A. (orig. ed.), § 43-1834.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 16 - COOPERATIVE MARKETING ASSOCIATIONS (§§ 43-16-101 — 43-16-148) › Section 43-16-134 - Provisions of marketing contracts - Liquidated damages - Injunction against breach

(a)
The bylaws or the marketing contract may fix, as liquidated damages, specific sums to be paid by the member or stockholder to the association upon the breach by the member or stockholder of any provision of the marketing contract regarding the sale or delivery or withholding of products, and may further provide that the member will pay all costs, premiums for bonds, expenses, and fees, in case any action is brought upon the contract by the association. Any such provisions shall be valid and enforceable in the courts of this state. Such clauses providing for liquidated damages shall be enforceable as such and shall not be regarded as penalties.
(b)
In the event of any such breach or threatened breach of the marketing contract by a member, the association shall be entitled to an injunction to prevent the further breach of the contract and to a decree of specific performance thereof. Pending the adjudication of such an action and upon filing a verified complaint showing the breach or threatened breach, and upon filing a sufficient bond, the association shall be entitled to a temporary restraining order and preliminary injunction against the member.
Acts 1923, ch. 100, § 19; Shan. Supp., § 2534a59; Code 1932, §3817; T.C.A. (orig. ed.), § 43-1835.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 16 - COOPERATIVE MARKETING ASSOCIATIONS (§§ 43-16-101 — 43-16-148) › Section 43-16-135 - Purchase of property with preferred stock

Whenever an association, organized under this chapter with preferred capital stock, purchases the stock or any property, or any interest in any property of any person, it may discharge the obligations so incurred, wholly or in part, by exchanging for the acquired interest, shares of its preferred capital stock to an amount that 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.
Acts 1923, ch. 100, § 20; Shan. Supp., § 2534a60; Code 1932, §3818; T.C.A. (orig. ed.), § 43-1836.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 16 - COOPERATIVE MARKETING ASSOCIATIONS (§§ 43-16-101 — 43-16-148) › Section 43-16-137 - Conflicting laws do not apply

Any law that is in conflict with this chapter shall be construed as not applying to the associations provided for in this chapter.
Acts 1923, ch. 100, § 22; Shan. Supp., § 2534a62; Code 1932, §3820; T.C.A. (orig. ed.), § 43-1838.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 16 - COOPERATIVE MARKETING ASSOCIATIONS (§§ 43-16-101 — 43-16-148) › Section 43-16-138 - Exemptions of agricultural products apply, though in possession of association

Any exemptions whatsoever under all existing laws applying to agricultural products in the possession or under the control of the individual producer shall apply similarly and completely to such products delivered by its former members in the possession or under the control of the association.
Acts 1923, ch. 100, § 22; Shan. Supp., § 2534a63; Code 1932, §3821; T.C.A. (orig. ed.), § 43-1839.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 16 - COOPERATIVE MARKETING ASSOCIATIONS (§§ 43-16-101 — 43-16-148) › Section 43-16-139 - Association may be interested in other like associations

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 of the agricultural products handled by the association or the by-products of such products.
Acts 1923, ch. 100, § 23; Shan. Supp., § 2534a64; Code 1932, §3822; T.C.A. (orig. ed.), § 43-1840.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 16 - COOPERATIVE MARKETING ASSOCIATIONS (§§ 43-16-101 — 43-16-148) › Section 43-16-140 - Warehousing corporations issuing warehouse receipts to association or its members - Discrimination prohibited

If those corporations are warehousing corporations, they may issue legal warehouse receipts to the association against the commodities delivered by it or to any other person, and the legal warehouse receipts shall be considered as adequate collateral to the extent of the usual and current value of the commodity represented by the receipts. In case the 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.
Acts 1923, ch. 100, § 23; Shan. Supp., § 2534a65; Code 1932, §3823; T.C.A. (orig. ed.), § 43-1841.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 16 - COOPERATIVE MARKETING ASSOCIATIONS (§§ 43-16-101 — 43-16-148) › Section 43-16-141 - Association may contract with other cooperative associations

(a)
Any 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, and 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 or parts of its business.
(b)
Any two (2) or more associations may, by agreement between them, 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.
Acts 1923, ch. 100, § 24; Shan. Supp., § 2534a66; Code 1932, §3824; T.C.A. (orig. ed.), § 43-1842.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 16 - COOPERATIVE MARKETING ASSOCIATIONS (§§ 43-16-101 — 43-16-148) › Section 43-16-142 - Associations of other states upon compliance with laws as to foreign corporations doing business in this state

Any corporation or association organized under generally similar laws of another state shall be allowed to carry on any proper activities, operations or functions in this state upon compliance with the general regulations applicable to foreign corporations desiring to do business in this state, and the payment into the office of the secretary of state the same fees that are required to be paid under title 48, chapter 1, part 13 [repealed], and by paying all other taxes that other foreign corporations are required to pay in Tennessee, and all contracts that could be made by any association, incorporated under this chapter, 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.
Acts 1923, ch. 100, § 25; Shan. Supp., § 2534a67; Code 1932, §3825; Acts 1941, ch. 33, § 1; 1949, ch. 158, § 1; C. Supp. 1950, § 3825; impl. am. Acts 1968, ch. 523; T.C.A. (orig. ed.), § 43-1843.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 16 - COOPERATIVE MARKETING ASSOCIATIONS (§§ 43-16-101 — 43-16-148) › Section 43-16-143 - Marketing contracts do not constitute conspiracy, combination, illegal monopoly, or unlawful restraint of trade

No association organized under this chapter and complying with the terms of this chapter 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; nor shall the marketing contracts and agreements between the association and its members or any agreements authorized in this chapter be considered illegal as such or in unlawful restraint of trade or as part of a conspiracy or combination to accomplish an improper or illegal purpose.
Acts 1923, ch. 100, § 27; Shan. Supp., § 2534a69; Code 1932, §3826; T.C.A. (orig. ed.), § 43-1844.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 16 - COOPERATIVE MARKETING ASSOCIATIONS (§§ 43-16-101 — 43-16-148) › Section 43-16-144 - General corporation laws applicable - Exception

The general corporation laws and all powers and rights under those laws apply to the associations organized under this chapter, except where such provisions are in conflict or inconsistent with the express provisions of this chapter.
Acts 1923, ch. 100, § 29; Shan. Supp., § 2534a71; Code 1932, §3827; T.C.A. (orig. ed.), § 43-1845.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 16 - COOPERATIVE MARKETING ASSOCIATIONS (§§ 43-16-101 — 43-16-148) › Section 43-16-145 - Annual fee in lieu of other taxes - Exception

Each association organized under this chapter shall pay an annual fee of ten dollars ($10.00) only, in lieu of all franchise, license, corporation or other privilege taxes, or taxes or charges upon reserves held by it for members; provided, that if any association organized under this chapter sells to persons other than its own members any product or merchandise other than unmanufactured tobacco, livestock, poultry products, dairy products or any other farm products, such association shall be liable for any privilege tax with respect to such transactions or method of doing business imposed under the laws of Tennessee, other than franchise and excise taxes and corporation filing fees or charges upon reserves held by it for members.
Acts 1923, ch. 100, § 30; Shan. Supp., § 2534a72; Code 1932, §3828; Acts 1947, ch. 172, § 1; C. Supp. 1950, § 3828; T.C.A. (orig. ed.), § 43-1846.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 16 - COOPERATIVE MARKETING ASSOCIATIONS (§§ 43-16-101 — 43-16-148) › Section 43-16-147 - Combinations of existing corporations into associations - Amendment of charters

Corporations not for profit, of this class, previously organized under the general incorporation laws or laws later enacted, are empowered to combine into associations upon such terms as may be provided and agreed upon, or by one corporation becoming a member of the other. Further, preexisting charters of the corporations are amended, under the power reserved to the general assembly, so as to bring same into conformity with this law, thus granting them the powers and imposing upon them the duties and liabilities set forth in this chapter.
Acts 1917, ch. 39, §§ 1, 2; Shan. Supp., § 2534a74; mod. Code 1932, § 3830; T.C.A. (orig. ed.), § 43-1848.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 16 - COOPERATIVE MARKETING ASSOCIATIONS (§§ 43-16-101 — 43-16-148) › Section 43-16-148 - Corporations organized as subsidiaries of agricultural cooperative associations exempt from privilege taxes

All corporations organized as subsidiaries and controlled by any agricultural cooperative association formed in accordance with the laws of this state shall not be considered corporations organized for profit and doing business in Tennessee, or subject to any privilege tax levied by any law as a tax for the privilege of doing business for profit in Tennessee, it being the legislative intent to exempt by this section all such subsidiary corporations controlled by agricultural cooperative associations, where any and all profits earned by such subsidiary corporations are paid over to or expended for the benefit of the agricultural cooperative associations, with the result that the activities carried on by the corporations eventually promote and benefit the agricultural interests of this state.
Acts 1939, ch. 168, § 1; C. Supp. 1950, § 3830.1; T.C.A. (orig. ed.), § 43-1849.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 17 - MARKETING OF PECANS (§§ 43-17-101 — 43-17-105) › Section 43-17-101 - Purchasers of pecans for resale to keep records - Open to inspection - Exception

(a)
Any person purchasing pecans for the purpose of resale or processing from anyone selling pecans shall keep a well-bound book, in which that person shall promptly enter in ink the name and place of residence of all persons from whom that person buys pecans, followed by the date of purchase, number of pounds bought, the amounts paid, and how the payment was made, whether in cash or by check, whether they were owned or raised, or purchased by the seller, and on whose land the pecan trees were located when gathered. The entries are to be made in chronological order from day to day as the business is transacted. This book shall at all times be open to inspection by the police or other officers, or any person who may desire to see it, and shall be in good faith kept and preserved by dealers for convenient inspection.
(b)
This chapter shall not apply to purchase of pecans by retail merchants from wholesale distributors for sale at retail.
Acts 1947, ch. 174, § 1; C. Supp. 1950, § 5755.28 (Williams, § 5753.14); modified; T.C.A. (orig. ed.), § 43-1901.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 17 - MARKETING OF PECANS (§§ 43-17-101 — 43-17-105) › Section 43-17-102 - Written permission of landowner to sell - When to be shown

Any person offering pecans for sale that the person did not raise or own without purchasing, or on whose lands the pecans were not grown, shall be required by the buyer or dealer in the pecans, before such buyer or dealer buys them, to show a written permission to sell them from the party owning the land on which the pecans were grown, unless the party offering the pecans for sale is a bona fide owner of the land, and the dealer may require proper identification of the person offering pecans for sale.
Acts 1947, ch. 174, § 2; mod. C. Supp. 1950, § 5755.29 (Williams, § 5753.15); T.C.A. (orig. ed.), § 43-1902.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 17 - MARKETING OF PECANS (§§ 43-17-101 — 43-17-105) › Section 43-17-103 - Penalty for violations

A violation of any of the provisions of §
43-17-101
or §
43-17-102
is a Class C misdemeanor.
Acts 1947, ch. 174, § 3; C. Supp. 1950, § 5755.30 (Williams, § 5753.16); T.C.A. (orig. ed.), § 43-1903; Acts 1989, ch. 591, § 113.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 17 - MARKETING OF PECANS (§§ 43-17-101 — 43-17-105) › Section 43-17-104 - Special right of action in owner of pecans sold without consent

In addition to the punishment provided in §
43-17-103
, and either before or after, and with or without, criminal prosecution as provided for in §
43-17-103
, the owner of any pecans that are sold by another without the owner's consent can maintain and recover of any person buying the pecans, who fails to comply with §§
43-17-101
and
43-17-102
, a penalty of two hundred fifty dollars ($250), to be recovered by a civil suit in any court having jurisdiction of the amount in this state. That amount is to be recovered by the owner of any pecans, sold to any person without the owner's consent, where the buyer does not keep and permit to be inspected the record of the purchase, as provided in this chapter.
Acts 1947, ch. 174, § 4; mod. C. Supp. 1950, § 5755.31 (Williams, § 5753.17); T.C.A. (orig. ed.), § 43-1904.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 17 - MARKETING OF PECANS (§§ 43-17-101 — 43-17-105) › Section 43-17-105 - Tenant's possession or sale prima facie evidence of landlord's title - Burden of proof of transfer

(a)
Possession and/or sale of pecans by any tenant of a landowner shall constitute prima facie evidence that such pecans are the property of such landowner and the burden of proof of transfer of ownership of the pecans shall rest with the tenant and/or purchaser from the tenant.
(b)
Any purchaser from a tenant or the immediate vendee of a tenant shall be liable to the landlord for the value of the pecans as in other cases of conversion, if the purchaser or vendee did not receive title.
Acts 1947, ch. 174, § 5; mod. C. Supp. 1950, § 5755.32 (Williams, § 5753.18); T.C.A. (orig. ed.), § 43-1905.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 18 - SALE OF COTTON (§§ 43-18-101 — 43-18-109) › Section 43-18-101 - Record to be made of purchases of seed cotton, loose or unbaled cotton, or cotton seed

Any person purchasing cotton seed or seed cotton from anyone selling cotton seed or seed cotton in bags or baskets or any other cotton not baled shall keep a book in which that person shall keep a record of all cotton and cotton seed bought, and shall promptly enter the name and residence of all persons from whom the person buys cotton or cotton seed, followed by date of purchase, number of pounds bought, the amount paid for cotton of each kind, how the payment was made, whether by cash or check, whether it was raised or purchased by the seller, on whose farm raised, whether seller is renter or sharecropper, if mortgaged or otherwise encumbered and to whom. The entries are to be made in chronological order from day to day as the business is transacted. This book shall at all times be open to inspection of the police or other officers, or any person who may desire to see the book, and shall be in good faith kept and preserved by such dealers for convenient inspection.
Acts 1903, ch. 525, § 1; 1911, ch. 14, § 1; Shan., §§ 6800a3, 6800a6; Acts 1929, ch. 59, § 1; mod. Code 1932, §§ 5754, 11264; modified; T.C.A. (orig. ed.), § 43-2001.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 18 - SALE OF COTTON (§§ 43-18-101 — 43-18-109) › Section 43-18-102 - Written permission to sell required - Exception

Any person offering seed cotton for sale that the person did not personally raise, or on whose farm the cotton was not raised, shall be required by the buyer or dealer in the cotton to show a written permission from the party raising the cotton to sell it before buying, unless the party offering the cotton for sale is a bona fide owner of the cotton, and the dealer may require proper identification of the person offering it for sale.
Acts 1903, ch. 525, § 2; Shan., § 6800a4; Code 1932, § 11265; T.C.A. (orig. ed.), § 43-2002.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 18 - SALE OF COTTON (§§ 43-18-101 — 43-18-109) › Section 43-18-103 - Violation of Section 43-18-101 or Section 43-18-102 a misdemeanor - Penalty

A violation of any of the provisions of §
43-18-101
or §
43-18-102
is a Class C misdemeanor.
Acts 1911, ch. 14, § 2; Shan., § 6800a7; Acts 1929, ch. 59, §2; mod. Code 1932, §§ 5755, 11266; T.C.A. (orig. ed.), § 43-2003; Acts 1989, ch. 591, § 113.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 18 - SALE OF COTTON (§§ 43-18-101 — 43-18-109) › Section 43-18-104 - Penalty recoverable by owner from purchaser not keeping the required record or not permitting inspection thereof

In addition to the punishment provided in §
43-18-103
, and either before or after, with or without criminal prosecution above provided for, the owner of any loose cotton or ginned cotton that is unbaled, that is sold by another without the owner's consent, can maintain and recover of any person buying such cotton who fails to comply with §
43-18-101
and §
43-18-102
, a penalty of two hundred fifty dollars ($250), to be recovered by civil suit in any court having jurisdiction of the amount in this state. That amount is to be recovered by the owner of any cotton of the character described, sold to any person by any other than the owner without such owner's consent, where the buyer does not keep and permit to be inspected the record of the purchase provided for in this section and §§
43-18-101
- 43-18-103.
Acts 1911, ch. 14, § 3; Shan., § 6800a8; Code 1932, § 11267; T.C.A. (orig. ed.), § 43-2004.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 18 - SALE OF COTTON (§§ 43-18-101 — 43-18-109) › Section 43-18-105 - Persons other than producers or dealers buying or selling lint cotton under two hundred fifty pounds - Penalty

(a)
It is unlawful for any person who is not a grower or producer of cotton, or who is not engaged in the business of buying and selling cotton, to buy, sell or offer for sale, or possess for purposes of sale, any loose lint cotton or ginned cotton that is not in bales, in quantities less than two hundred fifty pounds (250 lbs.).
(b)
Any violation of this section is a Class C misdemeanor.
Acts 1917, ch. 88, §§ 1, 2; Shan., §§ 6800a9, 6800a10; Code 1932, §§ 11268, 11269; T.C.A. (orig. ed.), § 43-2005; Acts 1989, ch. 591, § 113.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 18 - SALE OF COTTON (§§ 43-18-101 — 43-18-109) › Section 43-18-106 - Additional penalty recoverable in qui tam action

In addition to the punishment provided in §
43-18-105
, and either before or after, with or without criminal prosecution, any person in interest can recover in such person's own name of any person buying loose or ginned cotton that is not baled, contrary to §
43-18-105
, a penalty of two hundred fifty dollars ($250), to be recovered by civil suit in any court having jurisdiction of that amount.
Acts 1917, ch. 88, § 3; Shan., § 6800a11; Code 1932, § 11270; T.C.A. (orig. ed.), § 43-2006.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 18 - SALE OF COTTON (§§ 43-18-101 — 43-18-109) › Section 43-18-107 - Packages for domestic or surgical use exempt

Sections
43-18-105
and
43-18-106
do not apply to the buying and selling of specially prepared packages of cotton, handled and sold by druggists and merchants for domestic and surgical use and purposes.
Acts 1917, ch. 88, § 4; Shan., § 6800a12; Code 1932, § 11271; T.C.A. (orig. ed.), § 43-2007.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 18 - SALE OF COTTON (§§ 43-18-101 — 43-18-109) › Section 43-18-108 - Hauling unbaled cotton between sunset and sunrise, where there is a lien, or undivided interest unlawful - Exception - Penalty

(a)
It is unlawful for any person to haul or carry over any highway any cotton in the seed or ginned, but not baled, on which there is a lien, mortgage, contract for supplies and merchandise, or an undivided interest, between the hours of sunset of any one (1) day and sunrise of the succeeding day; provided, that the provisions of this section shall not apply to any person or persons hauling cotton to the gin for the purpose of ginning it, or from their farms to their houses or barns; and provided, further, that this section shall not apply where the beneficiary of the lien consents in writing to the hauling.
(b)
Any person violating this section commits a Class C misdemeanor.
Acts 1901, ch. 3, §§ 1, 2; Shan., §§ 6800a1, 6800a2; Code 1932, §§ 11262, 11263; T.C.A. (orig. ed.), § 43-2010; Acts 1989, ch. 591, § 113.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 18 - SALE OF COTTON (§§ 43-18-101 — 43-18-109) › Section 43-18-109 - Liability of owner of gin or tobacco establishment for sale of product containing foreign objects

If any person sells or otherwise disposes of cotton or tobacco fraudulently packed with wood, iron, rocks, dirt or other substance, the person at whose gin or establishment the cotton or tobacco was put up is deemed guilty of negligence, and shall, upon suit on behalf of any subsequent purchaser of the cotton or tobacco, pay double the value of the cotton or tobacco as damages, and also the cost of reshipping the cotton or tobacco from the market where the fraud was detected.
Acts 1859-1860, ch. 67, § 3; Shan., § 6742; Code 1932, §11149; T.C.A. (orig. ed.), § 43-2011; Acts 1996, ch. 675, § 44.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 19 - TOBACCO SALES (§§ 43-19-101 — 43-19-404) › Part 1 - GENERAL PROVISIONS (§§ 43-19-101 — 43-19-112) › Section 43-19-101 - Warehouses - Persons operating

Any person may open a warehouse for the inspection and sale of tobacco under the rules, regulations, and restrictions of this chapter.
Acts 1870-1871, ch. 65, § 2; Shan., § 3379; mod. Code 1932, § 6476; T.C.A. (orig. ed.), § 43-2101.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 19 - TOBACCO SALES (§§ 43-19-101 — 43-19-404) › Part 1 - GENERAL PROVISIONS (§§ 43-19-101 — 43-19-112) › Section 43-19-102 - Proof of sufficiency of warehouse required

Every person opening a warehouse for the inspection and sale of tobacco shall prove to the county clerk by the testimony of two (2) impartial witnesses known to the clerk to be well qualified, from knowledge and experience, that the person is the proprietor of a good and sufficient warehouse, situated so as to be exposed to no extraordinary risk from fire or flood, and furnished besides, with all the implements necessary to the accurate weighing and inspection of tobacco.
Acts 1870-1871, ch. 65, § 4; impl. am. Acts 1877, ch. 109, § 1; Shan., § 3380; Code 1932, § 6477; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 43-2102.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 19 - TOBACCO SALES (§§ 43-19-101 — 43-19-404) › Part 1 - GENERAL PROVISIONS (§§ 43-19-101 — 43-19-112) › Section 43-19-103 - Bond of tobacco warehouseman

Such person shall also enter into bond, with good and sufficient security, to be approved by the county mayor, and payable to the state, in the sum of five thousand dollars ($5,000), conditioned to keep the warehouse in good condition and repair, so as effectually to protect the tobacco stored in the warehouse, that the person will not sell any tobacco that has been bought by the person or on the person's account, or purchase on such person's own account any tobacco stored in the warehouse, either directly or indirectly, and that the person will perform faithfully all the duties of warehouseman as prescribed by law.
Acts 1870-1871, ch. 65, § 4; 1889, ch. 192, § 1; Shan., § 3381; Code 1932, § 6478; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A. (orig. ed.), § 43-2103; Acts 2003, ch. 90, § 2.