reglab/statecodes huggingface dataset:
2023 Texas Statutes › Vernon's Civil Statutes › Title 132 - Occupational and Business Regulation › Chapter 4 - Gasoline and Petroleum Products › Article 8609. Breaking Seal on Incorrect Measure

The inspector shall seal and forbid the use of any inaccurate measuring device until such time as the defect is corrected.  The breaking of said official seal shall be prima facie evidence of a violation of this law and no person, firm, association of persons, corporation or carrier shall refuse to permit the inspector provided for by law to inspect and seal, if deemed necessary, any such measuring device, or to break the seal after being placed by such inspector.
Acts 1919, 36th Leg., p. 213, ch. 125, Sec. 9.
2023 Texas Statutes › Vernon's Civil Statutes › Title 132 - Occupational and Business Regulation › Chapter 4 - Gasoline and Petroleum Products › Article 8610. Hindering Inspector

The Director of the Food and Drug Division of the State Board of Health, his inspectors, or any duly authorized representative appointed by the State Comptroller for that purpose, or any highway patrolman, or sheriff, or deputy sheriff, or any other peace officer shall have, in the performance of his duties under this law, the power to inspect any premises or place where petroleum products are made, prepared, stored, transported, sold or offered for sale or exchange, take samples of same, and test measuring devices.  It shall be unlawful for any person to hinder or obstruct or refuse to permit said inspectors or any other persons duly authorized to perform said duties in the exercise of such powers.
Acts 1919, 36th Leg., p. 213, ch. 125, Sec. 10, 11.  Amended by Acts 1933, 43rd Leg., p. 94, ch. 46, Sec. 4.
2023 Texas Statutes › Vernon's Civil Statutes › Title 132 - Occupational and Business Regulation › Chapter 4 - Gasoline and Petroleum Products › Article 8611. Punishment

Any person who shall knowingly violate any of the provisions of Articles 8601 through and inclusive of Article 8610, Revised Statutes, shall be guilty of a misdemeanor, and upon conviction shall be fined in a sum not less than Twenty-five Dollars ($25) nor more than Two Hundred Dollars ($200).
Acts 1919, 36th Leg., p. 213, ch. 125.  Amended by Acts 1935, 44th Leg., p. 396, ch. 154, Sec. 4;  Acts 1987, 70th Leg., ch. 178, Sec. 2, eff. Sept. 1, 1987.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.26, eff. April 1, 2009.
2023 Texas Statutes › Vernon's Civil Statutes › Title 132 - Occupational and Business Regulation › Chapter 5 - Commodity Exchanges › Article 8651. Definitions

That for the purpose of this Act, the term "Contract of Sale" shall be held to include sales, purchases, agreements of sale, agreements to sell, and agreements to purchase;  that the word "person" wherever used in this Act shall be construed to import the plural or singular as the case demands, and shall include individuals, associations, partnerships, and corporations.
Acts 1925, 39th Leg., p. 38, ch. 15, Sec. 1.
2023 Texas Statutes › Vernon's Civil Statutes › Title 132 - Occupational and Business Regulation › Chapter 5 - Commodity Exchanges › Article 8652. Future Contracts Valid

All contracts of sale for future delivery of cotton, grain, stocks, or other commodities, (1) made in accordance with the rules of any board of trade, exchange, or similar institution, and (2) actually executed on the floor of such board of trade, exchange, or similar institution, and performed or discharged according to the rules thereof, and (3) when such contracts of sale are placed with or through a regular member in good standing of a cotton exchange, grain exchange, board of trade, or similar institution, organized under the laws of the State of Texas or any other State, shall be and they hereby are declared to be valid and enforceable in the courts of this State, according to their terms;  provided, that contracts of sale for future delivery of cotton in order to be valid and enforceable as provided herein, must not only conform to the requirements of clauses 1 and 2 of this section, but must also be made subject to the provisions of the United States Cotton Futures Act, approved August 11, 1916, and any amendments thereto;  provided, further, that if this clause should for any reason be held inoperative, then contracts for the future delivery of cotton shall be valid and enforceable if they conform to the requirements of clauses 1 and 2 of this section;  provided further, that all contracts as defined in Section 1 hereof where it is not contemplated by the parties thereto that there shall be an actual delivery of the commodities sold or bought shall be unlawful.
Acts 1925, 39th Leg., p. 38, ch. 15, Sec. 2.
2023 Texas Statutes › Vernon's Civil Statutes › Title 132 - Occupational and Business Regulation › Chapter 5 - Commodity Exchanges › Article 8653. Future Contracts Invalid

Any contract of sale for future delivery of cotton, grain, stocks, or other commodities where it is not the bona fide intention of parties that the things mentioned therein are to be delivered but which is to be settled according to or upon the basis of the public market quotations or prices made on any board of trade, exchange, or other similar institution, without any actual bona fide execution and the carrying out of such contract upon the floor of such exchange, board of trade or similar institution, in accordance with the rules thereof, shall be null and void and unenforceable in any court of this State, and no action shall be maintainable thereon at the suit of any party.
Acts 1925, 39th Leg., p. 38, ch. 15, Sec. 3.
2023 Texas Statutes › Vernon's Civil Statutes › Title 132 - Occupational and Business Regulation › Chapter 5 - Commodity Exchanges › Article 8654. Bucket Shop Defined and Prohibited

A bucket shop is hereby defined to be and mean any place of business wherein are made contracts of the sort or character denounced by the preceding Section 3 of this Act, and the maintenance or operation of a bucket shop at any point in this State is prohibited.
Acts 1925, 39th Leg., p. 38, ch. 15, Sec. 4.
2023 Texas Statutes › Vernon's Civil Statutes › Title 132 - Occupational and Business Regulation › Chapter 5 - Commodity Exchanges › Article 8655. Shall Furnish Copy of Contract

Every person shall furnish upon demand to any principal for whom such person has executed any contract for the future delivery of any cotton, grain, stocks, or other commodities, a written instrument setting forth the name and location of the exchange, board of trade, or similar institution, upon which such contract has been executed, the date of the execution, of the contract, and the name and address of the person with whom such contract was executed, and if such person shall refuse or neglect to furnish such statement upon reasonable demand, such refusal or neglect shall be prima facie evidence that such contract was an illegal contract within the provisions of Art. 658, and that the person who executed it was engaged in the maintenance and operation of a bucket shop, within the provisions of Article 661 hereof.
Acts 1925, 39th Leg., p. 38, ch. 15, Sec. 5.
2023 Texas Statutes › Vernon's Civil Statutes › Title 132 - Occupational and Business Regulation › Chapter 5 - Commodity Exchanges › Article 8656. Penalty

Any person, either as agent or principal, who enters into or assists in making any contracts of sale of the sort or character denounced in the preceding Art. 658  for the future delivery of cotton, grain, stocks, or other commodities, or who maintain a bucket shop, as that term is defined in Art. 659, shall be guilty of a felony, and upon conviction, shall be imprisoned in the penitentiary not exceeding two years.
Acts 1925, 39th Leg., p. 38, ch. 15, Sec. 6.
2023 Texas Statutes › Vernon's Civil Statutes › Title 132 - Occupational and Business Regulation › Chapter 5 - Commodity Exchanges › Article 8657. Permitting Exchanges

There may be organized in any city, town, or municipality in the State of Texas, voluntary associations to be known as cotton exchanges, grain exchanges, boards of trade, or similar institutions, to receive and post quotations on cotton, grain, stocks, or other commodities, for the benefit of its members and other persons engaged in the production of cotton, grain, or other commodities.  Such associations shall be composed of members and shall adopt a uniform set of rules and regulations not incompatible with the laws of Texas and of the United States.  They shall open their books to inspection of all proper courts and officers when required so to do.
Acts 1925, 39th Leg., p. 38, ch. 15, Sec. 7.
2023 Texas Statutes › Vernon's Civil Statutes › Title 132 - Occupational and Business Regulation › Chapter 5 - Commodity Exchanges › Article 8658. Repealer

Articles 536 and 537 of Chapter 2, Title 11, and Articles 538 to 547 inclusive of Chapter 3, Title 11, of the Revised Penal Code of the State of Texas, of 1911, and all laws and parts of laws regulating or prohibiting dealings in future contracts, or in conflict or inconsistent herewith, be and the same are hereby repealed.
Acts 1925, 39th Leg., p. 38, ch. 15, Sec. 8.
2023 Texas Statutes › Vernon's Civil Statutes › Title 132 - Occupational and Business Regulation › Chapter 5 - Commodity Exchanges › Article 8659. Severability

If any clause, sentence, paragraph, or part of this Act shall for any reason be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not effect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, or paragraph or part thereof directly involved in the controversy in which such judgment shall have been rendered;  and any contract valid under and satisfying the remaining clauses, sentences, paragraphs, or parts of this Act shall be valid and enforceable in the courts of this State.
Acts 1925, 39th Leg., p. 38, ch. 15, Sec. 9.
2023 Texas Statutes › Vernon's Civil Statutes › Title 132 - Occupational and Business Regulation › Chapter 20 - Miscellaneous › Article 9010. Peddling of Printed Matter by Deaf or Mute Persons

It shall be unlawful for any person to peddle or use a finger alphabet card or other printed matter stating in effect that the person is deaf and/or mute, in a manner calculated to play upon the sympathy of another in the solicitation of a contribution or donation.  Any person violating any provision hereof shall be deemed guilty of a misdemeanor and upon conviction shall be punished by imprisonment in the county jail for not more than sixty (60) days or by a fine of not less than Ten Dollars ($10) nor more than Fifty Dollars ($50), or by both imprisonment and fine.
Acts 1959, 56th Leg., p. 1066, ch. 487, Sec. 1.
2023 Texas Statutes › Vernon's Civil Statutes › Title 132 - Occupational and Business Regulation › Chapter 20 - Miscellaneous › Article 9030. Excursion Train Operators; Certification; Limitation of Liability › Section 1. Certification

Sec. 1. CERTIFICATION.    (a)  A person may apply to the comptroller for certification as an operator of an excursion train.  The comptroller shall certify an applicant if the comptroller determines that the applicant will operate a passenger train that:
(1) is primarily used for tourism or public service;  and
(2) leads to the promotion of the tourist industry in Texas.
(b) The comptroller may not certify a person under Subsection (a) of this section unless the person files with the comptroller evidence of insurance providing coverage for liability resulting from injury to persons or damages to property in the amount of at least $5,000,000 for the operation of the train.
(c) The comptroller may not certify an applicant under Subsection (a) of this section if the applicant or any person that owns an interest in the applicant also owns or operates a regularly scheduled passenger train service with interstate connections.
2023 Texas Statutes › Vernon's Civil Statutes › Title 132 - Occupational and Business Regulation › Chapter 20 - Miscellaneous › Article 9030. Excursion Train Operators; Certification; Limitation of Liability › Section 2. Limitation of Liability

Sec. 2. LIMITATION OF LIABILITY.    (a)  A person that is certified as an operator of an excursion train under Section 1(a) of this Act and maintains insurance in the minimum amount required under Section 1(b) of this Act is not liable for injury or damages over $5,000,000 resulting from a single occurrence.
(b) The limitation of liability under Subsection (a) of this section applies to the person certified as an operator under Section 1(a) of this Act, the owner of equipment used by the excursion train, the owner of track used by the excursion train, and the host carrier.
(c) The limitation of liability under Subsection (a) of this section does not apply if:
(1) the injury or damages result from intentional, malicious, or grossly negligent conduct;  or
(2) at the time of the injury or damages the operator of the excursion train:
(A) failed to maintain insurance as required under Section 1(b) of this Act;  or
(B) failed to comply with Section 5 of this Act.
2023 Texas Statutes › Vernon's Civil Statutes › Title 132 - Occupational and Business Regulation › Chapter 20 - Miscellaneous › Article 9030. Excursion Train Operators; Certification; Limitation of Liability › Section 3. Application

Sec. 3. APPLICATION.  An application made under Section 1 of this Act must include:
(1) the name and address of each person who owns an interest of at least 10 percent in the applicant;
(2) an address in this state at which the excursion train is based;
(3) an operations plan including the route to be used and a schedule of operations and stops along the route;  and
(4) evidence of insurance in an amount that meets the requirements of Section 1(b) of this Act.
2023 Texas Statutes › Vernon's Civil Statutes › Title 132 - Occupational and Business Regulation › Chapter 20 - Miscellaneous › Article 9030. Excursion Train Operators; Certification; Limitation of Liability › Section 4. Notice to Passengers

Sec. 4. NOTICE TO PASSENGERS.  The operator of an excursion train that is certified under Section 1(a) of this Act shall:
(1) issue each passenger a ticket with the following statement in 12-point boldface type:  "THE OPERATOR OF THIS TRAIN IS NOT LIABLE FOR PERSONAL INJURY OR WRONGFUL DEATH IN AN AMOUNT IN EXCESS OF $5,000,000";  and
(2) post notice near a passenger boarding area containing the same statement required in Subdivision (1) of this section in letters that are at least two inches high.
2023 Texas Statutes › Vernon's Civil Statutes › Title 132 - Occupational and Business Regulation › Chapter 20 - Miscellaneous › Article 9030. Excursion Train Operators; Certification; Limitation of Liability › Section 5. Restrictions

Sec. 5. RESTRICTIONS.  The operator of an excursion train that is certified under Section 1(a) of this Act may not carry:
(1) freight other than the personal luggage of the passengers or crew or supplies and equipment necessary to serve the needs of the passengers and crew;
(2) passengers who are commuting to work;  or
(3) passengers who are traveling to their final destination solely for business or commercial purposes.
Acts 1995, 74th Leg., ch. 910, eff. Sept. 1, 1995.
2023 Utah Code › Title 3 - Uniform Agricultural Cooperative Association Act › Chapter 1 - General Provisions Relating to Agricultural Cooperative Associations › Section 1 - Declaration of policy.

3-1-1.
Declaration of policy.
It is the declared policy of this state, as one means of improving the economic position of agriculture, to encourage the organization of producers of agricultural products into effective associations under the control of such producers, and to that end this act shall be liberally construed.
Amended by Chapter 378, 2010 General Session
2023 Utah Code › Title 3 - Uniform Agricultural Cooperative Association Act › Chapter 1 - General Provisions Relating to Agricultural Cooperative Associations › Section 1.1 - General corporation laws do not apply.

3-1-1.1.
General corporation laws do not apply.
Title 16, Chapter 10a, Utah Revised Business Corporation Act, does not apply to domestic or foreign corporations governed by this chapter, except as specifically provided in Sections 3-1-13.4, 3-1-13.7, and 3-1-16.1.
Amended by Chapter 79, 1996 General Session
2023 Utah Code › Title 3 - Uniform Agricultural Cooperative Association Act › Chapter 1 - General Provisions Relating to Agricultural Cooperative Associations › Section 2 - Definitions.

3-1-2.
Definitions.
As used in this act, unless the context or subject matter requires otherwise:
(1) "Agricultural products" includes floricultural, horticultural, viticultural, forestry, nut, seed, ground stock, dairy, livestock, poultry, bee and any and all farm products.
(2) "Articles" means the articles of incorporation.
(3) "Association" means a corporation organized under this act, or a similar domestic corporation, or a foreign association or corporation if authorized to do business in this state, organized under any general or special act as a cooperative association for the mutual benefit of its members, as agricultural producers, and which confines its operation to purposes authorized by this act and restricts the return on the stock or membership capital and the amount of its business with nonmembers to the limits placed thereon by this act for associations organized hereunder.
(4) "Board" means the board of directors.
(5) "Domestic associations" means an association or corporation formed under the laws of this state.
(6) "Foreign association" means an association or corporation not formed under the laws of this state.
(7) "Member" includes the holder of a membership of which there shall be but one class, in an association without stock and the holder of common stock in an association organized with stock.
(8) "Person" includes an individual, a partnership, a corporation and an association.
(9) "Producer" means a person who produces agricultural products, or an association of such persons.
(10)
(a) "This act" means the "Uniform Agricultural Cooperative Association Act."
(b) Associations shall be classified as and deemed to be nonprofit corporations, inasmuch as their primary object is not to pay dividends on invested capital, but to render service and provide means and facilities by or through which the producers of agricultural products may receive a reasonable and fair return for their products.
Amended by Chapter 324, 2010 General Session
2023 Utah Code › Title 3 - Uniform Agricultural Cooperative Association Act › Chapter 1 - General Provisions Relating to Agricultural Cooperative Associations › Section 3 - Qualifications of incorporators.

3-1-3.
Qualifications of incorporators.
(1) Five or more individuals may form an association if they are:
(a) at least 18 years of age; and
(b) engaged in agriculture.
(2) One or more associations of individuals engaged in agriculture referred to in Subsection (1) may form an association.
Amended by Chapter 70, 2003 General Session
2023 Utah Code › Title 3 - Uniform Agricultural Cooperative Association Act › Chapter 1 - General Provisions Relating to Agricultural Cooperative Associations › Section 4 - Purposes.

3-1-4.
Purposes.
Such association may be organized for the purpose of engaging in any cooperative activity for producers of agricultural products in connection with:
(1) producing, assembling, marketing, buying or selling agricultural products, or harvesting, preserving, drying, processing, manufacturing, blending, canning, packing, ginning, grading, storing, warehousing, handling, shipping, or utilizing such products, or manufacturing or marketing the by-products thereof;
(2) seed and crop improvement, and soil conservation and rehabilitation;
(3) manufacturing, buying or supplying to its members and others, machinery, equipment, feed, fertilizer, coal, gasoline and other fuels, oils and other lubricants, seeds, and all other agricultural and household supplies;
(4) generating and distributing electrical energy and furnishing telephone service to its members and others;
(5) performing or furnishing business or educational services, on a co-operative basis, for or to its members; or
(6) financing any of the above enumerated activities.
Amended by Chapter 324, 2010 General Session
2023 Utah Code › Title 3 - Uniform Agricultural Cooperative Association Act › Chapter 1 - General Provisions Relating to Agricultural Cooperative Associations › Section 6 - Filing articles of incorporation -- Certificate of incorporation -- Fees -- Constructive notice.

3-1-6.
Filing articles of incorporation -- Certificate of incorporation -- Fees -- Constructive notice.
(1) The articles of incorporation shall be filed with the Division of Corporations and Commercial Code, which shall thereupon issue a certificate of incorporation. This certificate or a certified copy of the same shall be prima facie evidence of the due incorporation of the association. Upon the issuance of such certificate of incorporation, the corporate existence begins.
(2) The Division of Corporations and Commercial Code shall establish a fee pursuant to Section 63J-1-504 for filing articles of incorporation with the division, for securing a certified copy of the articles, for the issuance of a certificate of incorporation, and for filing amendments to the articles, whether incorporated with or without stock.
(3) No person dealing with the association may be charged with constructive notice of the contents of the articles or amendments thereto by reason of such filing or recording.
Amended by Chapter 183, 2009 General Session
2023 Utah Code › Title 3 - Uniform Agricultural Cooperative Association Act › Chapter 1 - General Provisions Relating to Agricultural Cooperative Associations › Section 7 - Amendments to articles of incorporation.

3-1-7.
Amendments to articles of incorporation.
(1) An association may amend its articles of incorporation by the affirmative vote of a majority of the members voting at:
(a) a regular meeting; or
(b) a special meeting called for that purpose.
(2) Written notice of the proposed amendment and of the time and place of the meeting shall be provided to the members of the association by any one of the following procedures:
(a) by mail at the last-known address at least 10 days prior to the meeting;
(b) by personal delivery at least 10 days prior to the meeting; or
(c) by publication not less than 10 days or more than 60 days prior to the meeting:
(i) in a periodical published by or for the association, to which substantially all of its members are subscribers or;
(ii) in a newspaper or newspapers whose combined circulation is general in the territory in which the association operates; and
(iii) as required in Section 45-1-101.
(3) In addition to one of the means set forth in Subsection (2), the association may give notice by any method established pursuant to the articles of incorporation or bylaws of the association.
(4) The bylaws may require that the notice period be longer than 10 days.
(5) An amendment affecting the preferential rights of any outstanding preferred stock may not be adopted until the written consent of the holders of a majority of the outstanding preference shares has been obtained.
(6) After an amendment has been adopted, articles of amendment shall be:
(a) prepared, in duplicate, setting forth the amendment and the fact of the adoption;
(b) signed and acknowledged by the president, chair, vice president, or vice chair and by the secretary or treasurer; and
(c) filed in the same manner as the original articles of incorporation.
Amended by Chapter 388, 2009 General Session
2023 Utah Code › Title 3 - Uniform Agricultural Cooperative Association Act › Chapter 1 - General Provisions Relating to Agricultural Cooperative Associations › Section 8 - Bylaws.

3-1-8.
Bylaws.
The members of the association shall adopt bylaws not inconsistent with law or the articles, and they may alter and amend the same from time to time. Bylaws may be adopted, amended or repealed, at any regular meeting, or at any special meeting called for that purpose, by a majority vote of the members voting thereon. The bylaws may provide for:
(1) the time, place and manner of calling and conducting meetings of the members, and the number of members that shall constitute a quorum;
(2) the manner of voting and the condition upon which members may vote at general and special meetings and by mail or by delegates elected by district groups or other associations;
(3) subject to any provision thereon in the articles and in this act, the number, qualifications, compensation, duties and terms of office of directors and officers; the time of their election and the mode and manner of giving notice thereof;
(4) the time, place and manner for calling and holding meetings of the directors and executive committee, and the number that shall constitute a quorum;
(5) rules consistent with law and the articles for the management of the association, the establishment of voting districts, the making of contracts, the issuance, retirement, and transfer of stock, and the relative rights, interests and preferences of members and shareholders;
(6) penalties for violations of the bylaws; and
(7) such additional provisions as shall be deemed necessary for the carrying out of the purposes of this act.
Amended by Chapter 324, 2010 General Session
2023 Utah Code › Title 3 - Uniform Agricultural Cooperative Association Act › Chapter 1 - General Provisions Relating to Agricultural Cooperative Associations › Section 10 - Members -- Qualifications and liabilities -- Voting rights.

3-1-10.
Members -- Qualifications and liabilities -- Voting rights.
(1) As used in this section, "patronage" means business or services transacted or performed by a member or shareholder with an association.
(2)
(a) An association may only have as members or issue common stock to:
(i) current producers of agricultural products;
(ii) tenants and landlords receiving a share of the crop; and
(iii) cooperative associations of those producers.
(b) The incorporators named in the articles shall be members of the association, and shall pay the same amount and in the same manner for their membership or stock as do other members.
(3) A stockholder may not hold more than one share of the common voting stock.
(4)
(a) Under the terms and conditions prescribed in the bylaws, a member shall lose his or her membership if that member no longer qualifies for membership under this section.
(b) Despite termination of membership under Subsection (4)(a), the former member shall remain subject to any liability he or she incurs while a member of the association.
(5) A member is not personally liable for any debt or liability of the association.
(6)
(a)
(i) A member or stockholder is entitled to:
(A) one vote based on the amount of stock or membership capital owned; and
(B) additional votes, if the bylaws provide that a member or shareholder is entitled to more than one vote based on actual patronage of the association.
(ii) A vote may not be cast by proxy, unless the member is a corporation, in which case its vote may be cast by an authorized representative.
(b)
(i) The bylaws of an association may provide that a member may vote by signed ballot.
(ii) The member's signature on a ballot shall be notarized by a notary public before the ballot can be counted in any election.
Amended by Chapter 70, 2003 General Session
2023 Utah Code › Title 3 - Uniform Agricultural Cooperative Association Act › Chapter 1 - General Provisions Relating to Agricultural Cooperative Associations › Section 12 - Meetings.

3-1-12.
Meetings.
Within 90 days after the incorporation of an association the members thereof shall hold an organization meeting at a time and place fixed by the temporary board of directors. Not less than 10 days' written notice thereof shall be given to each member. An association may provide in its bylaws for one or more regular meetings each year, which may be held within or without the state at the time and place designated in the bylaws. Special meetings of the members may be called by the board of directors, and it shall be their duty to call such meetings when 10% of the members file with the secretary a petition demanding a special meeting and specifying the business to be considered at such meeting. Notice of all meetings, except as otherwise provided by law or the articles or bylaws, shall be mailed to each member at least 10 days prior to the meeting, and in case of special meetings the notice shall state the purposes for which it is called, but the bylaws may require that all notices shall be given by publication in a periodical published by or for the association, to which substantially all its members are subscribers, or in a newspaper or newspapers whose combined circulation is general in the territory in which the association operates.
No Change Since 1953
2023 Utah Code › Title 3 - Uniform Agricultural Cooperative Association Act › Chapter 1 - General Provisions Relating to Agricultural Cooperative Associations › Section 12.1 - Quorum -- Voting.

3-1-12.1.
Quorum -- Voting.
(1) The bylaws of the association shall prescribe the number of members or shareholders which constitutes a quorum.
(2) Where a quorum was initially present at a meeting, a majority vote of the votes entitled to be cast shall be necessary for the adoption of any matter on which a vote was cast, unless a greater proportion is required by this chapter or the articles of incorporation of the association.
(3) If the articles of incorporation require the vote of a greater proportion of members than that required by this chapter, the provisions of the articles of incorporation shall control.
Enacted by Chapter 202, 1994 General Session
2023 Utah Code › Title 3 - Uniform Agricultural Cooperative Association Act › Chapter 1 - General Provisions Relating to Agricultural Cooperative Associations › Section 12.2 - Waiver of notice.

3-1-12.2.
Waiver of notice.
(1) A written waiver of notice signed at any time by the member waives the notice requirement under this chapter, the articles of incorporation, or the bylaws.
(2) A member's attendance at a meeting waives an objection to lack of notice unless the member at the beginning of the meeting objects to holding the meeting or transacting business at the meeting because of lack of notice.
Enacted by Chapter 202, 1994 General Session
2023 Utah Code › Title 3 - Uniform Agricultural Cooperative Association Act › Chapter 1 - General Provisions Relating to Agricultural Cooperative Associations › Section 13.1 - Limitation of personal liability of officers and directors.

3-1-13.1.
Limitation of personal liability of officers and directors.
(1) The articles of incorporation may include a provision eliminating or limiting the personal liability of a director or an officer to the association or its members for monetary damages for breach of fiduciary duty, but the provision may not eliminate or limit the liability of a director or an officer:
(a) for any breach of the director's or officer's duty of loyalty to the association or its members;
(b) for acts or omissions not in good faith or which involve intentional misconduct or a knowing violation of law; or
(c) for any transaction from which the director or officer derived an improper personal benefit.
(2) No provision authorized under this section may eliminate or limit the liability of a director or an officer for any act or omission occurring prior to the date when the provision becomes effective.
(3) Any provision authorized under this section to be included in the articles of incorporation may also be adopted in the bylaws or by resolution, but only if the provision is approved by the same percentage of members as is required to approve an amendment to the articles of incorporation.
(4) Any foreign association authorized to transact business in this state may adopt any provision authorized under this section.
(5)
(a) Except as otherwise provided by state or federal laws, an officer or director is not personally liable for any injury to a person or property arising out of a tort committed by another employee of the association unless:
(i) the officer or director was personally involved in the situation giving rise to the litigation; or
(ii) the officer or director committed a criminal offense.
(b) The protection provided by this subsection does not restrict other rights that an officer or director may have.
Amended by Chapter 204, 1994 General Session
2023 Utah Code › Title 3 - Uniform Agricultural Cooperative Association Act › Chapter 1 - General Provisions Relating to Agricultural Cooperative Associations › Section 13.2 - Place and notice of directors' meetings -- Action without meeting -- Meetings by telephone conference calls.

3-1-13.2.
Place and notice of directors' meetings -- Action without meeting -- Meetings by telephone conference calls.
(1) Regular or special meetings of the board of directors may be held either within or without this state.
(2) Regular meetings of the board of directors may be held with or without notice as prescribed in the bylaws. Special meetings of the board of directors shall be held upon the notice prescribed in the bylaws. A director's attendance at a meeting constitutes a waiver of notice of that meeting, except if a director attends a meeting for the express purpose of objecting to the transaction of any business because the meeting is not lawfully called or convened. Neither the business to be transacted at, nor the purpose of, any regular or special meeting of the board of directors must be specified in the notice of waiver of notice of the meeting unless required by the bylaws.
(3) Unless otherwise provided by the articles of incorporation or bylaws, any action required by this act to be taken at a meeting of the directors of an association, or any action which may be taken at a meeting of the directors or of a committee, may be taken without a meeting if a consent in writing, setting forth the action taken, shall be signed by all of the directors or members of the committee. This consent shall have the same effect as a unanimous vote.
(4) Unless otherwise provided in the articles of incorporation or bylaws, members of the board of directors of any association, or committee designated by the board, may participate in a meeting of the board or committee by conference telephone or similar communications equipment. Participation in a meeting under this subsection shall constitute presence in person at the meeting.
Enacted by Chapter 27, 1989 General Session
2023 Utah Code › Title 3 - Uniform Agricultural Cooperative Association Act › Chapter 1 - General Provisions Relating to Agricultural Cooperative Associations › Section 13.3 - General standards of conduct for directors and officers.

3-1-13.3.
General standards of conduct for directors and officers.
(1) A director shall perform his duties as a director, and as a member of a committee, and each officer with discretionary authority shall perform his duties under that authority:
(a) in good faith;
(b) with the care an ordinarily prudent person in a similar position would exercise under similar circumstances; and
(c) in a manner the director or officer reasonably believes to be in the best interests of the association.
(2) In performing his duties, a director or officer may rely on information, opinions, reports, or statements, including financial statements and other financial data, if prepared or presented by:
(a) one or more officers or employees of the association whom the director or officer reasonably believes to be reliable and competent in the matters presented;
(b) legal counsel, public accountants, or other persons as to matters the director or officer reasonably believes are within the person's professional or expert competence; or
(c) in the case of a director, a committee of the board of directors of which he is not a member, if the director reasonably believes the committee merits confidence.
(3) A director or officer is not acting in good faith if he has knowledge that makes reliance otherwise permitted by Subsection (2) unwarranted.
(4) A director or officer is not liable to the association, its members, or any conservator or receiver, or any assignee or successor-in-interest thereof, for any action taken, or any failure to take any action, as an officer or director unless:
(a) the director or officer has breached or failed to perform the duties of the office in compliance with this section; and
(b) the breach or failure to perform constitutes gross negligence, willful misconduct, or intentional infliction of harm on the association or the members.
Enacted by Chapter 204, 1994 General Session
2023 Utah Code › Title 3 - Uniform Agricultural Cooperative Association Act › Chapter 1 - General Provisions Relating to Agricultural Cooperative Associations › Section 13.4 - Indemnification of officers, directors, employees, fiduciaries, and agents.

3-1-13.4.
Indemnification of officers, directors, employees, fiduciaries, and agents.
(1) The association shall have the same powers, rights, and obligations and shall be subject to the same liabilities as apply to corporations for profit as set forth in Sections 16-10a-901 through 16-10a-909.
(2)
(a) Association directors, officers, employees, fiduciaries, and agents shall have the same rights of indemnification as directors, officers, employees, fiduciaries, and agents, respectively, of corporations for profit as set forth in Sections 16-10a-901 through 16-10a-909.
(b) A reference in Sections 16-10a-901 through 16-10a-909:
(i) to shareholders shall be construed to refer to voting members or shareholders for the purpose of this section; and
(ii) to corporations shall be construed to refer to associations.
Enacted by Chapter 204, 1994 General Session
2023 Utah Code › Title 3 - Uniform Agricultural Cooperative Association Act › Chapter 1 - General Provisions Relating to Agricultural Cooperative Associations › Section 13.5 - Conflicts of interest.

3-1-13.5.
Conflicts of interest.
(1) A director does not have a conflict of interest and is entitled to vote on any matter for which the action to be taken or decision to be made by the board relates to matters which have application to other members which are similarly situated to the director or to the member association which the director represents.
(2) Except as provided in Subsection (1), each director on the board of an association has a duty to serve the association as a whole and not the individual members of the association. This duty applies even when the director's own personal interests as a member or representative of a member may be contrary to the interests of the association.
(3)
(a) As used in this section, "interested director" means a director who has a direct financial interest in a transaction or contract being considered by the board or committee of an association, whether as a member of the association or as a representative of a member association.
(b) Interested directors may be counted in determining the presence of a quorum at a meeting of the board of directors or a committee which authorizes, approves, or ratifies a contract or transaction.
(c) Interested directors shall be excluded from a board or committee meeting during the discussion and vote on a matter in which the director has a direct financial interest, unless a majority of the disinterested directors on the board vote that the interested director may remain at the meeting.
(4) Except as provided in Subsections (1) and (3)(c), every contract or transaction between the association and one or more of its directors shall be void, or voidable by the association, if:
(a) the director is present at or participates in the discussion at the board or committee meeting which authorizes, approves, or ratifies the contract or transaction; or
(b) the vote of the interested director is counted in the vote of the board or the committee.
(5) Notwithstanding Subsection (4), a transaction between the association and one or more of its directors is not void, or voidable by the association, if:
(a) the material facts as to the relationship or interest of the director and as to the contract or transaction are disclosed or are known to the board of directors or the committee, and the board or committee in good faith authorizes, approves, or ratifies the contract or transaction by the affirmative vote of a majority of the disinterested directors, even if the disinterested directors are less than a quorum;
(b) the material facts as to the relationship or interest of the director and as to the contract or transaction are disclosed or are known to the members of the association entitled to vote, and the contract or transaction is specifically authorized, approved, or ratified in good faith by a vote of the members; or
(c) the contract or transaction is fair to the association.
Enacted by Chapter 204, 1994 General Session
2023 Utah Code › Title 3 - Uniform Agricultural Cooperative Association Act › Chapter 1 - General Provisions Relating to Agricultural Cooperative Associations › Section 13.6 - Quorum and voting.

3-1-13.6.
Quorum and voting.
(1) Unless the articles of incorporation or bylaws require a greater number, a quorum of a board of directors consists of:
(a) a majority of the fixed number of directors if the association has a fixed board size; or
(b) a majority of the number of directors prescribed, or if no number is prescribed, a majority of the number in office immediately before the meeting begins.
(2) If a quorum is present when a vote is taken, the affirmative vote of a majority of directors present is an action of the board of directors, unless the articles of incorporation, bylaws, or this chapter require the vote of a greater number of directors.
(3) A director present at a meeting of the board of directors when action is taken is considered to have assented to the action taken at the meeting, unless:
(a) the director votes against the action taken at the meeting;
(b) the director objects at the beginning of the meeting, or promptly on arrival, to holding the meeting or transacting business at the meeting and does not thereafter vote for or assent to any action taken at the meeting;
(c) the director contemporaneously requests his dissent or abstention to any specific action to be entered into the minutes of the meeting; or
(d) the director gives to the presiding officer written notice of his dissent or abstention before adjournment of the meeting or within 24 hours after adjournment.
(4) A director who votes in favor of an action taken may not dissent or abstain under Subsection (3).
Enacted by Chapter 204, 1994 General Session
2023 Utah Code › Title 3 - Uniform Agricultural Cooperative Association Act › Chapter 1 - General Provisions Relating to Agricultural Cooperative Associations › Section 13.7 - Resignation of directors.

3-1-13.7.
Resignation of directors.
(1) A director may resign by giving written notice to the association.
(2) A resignation of a director is effective when the notice is received by the association, unless the notice specifies a future effective date.
Enacted by Chapter 204, 1994 General Session
2023 Utah Code › Title 3 - Uniform Agricultural Cooperative Association Act › Chapter 1 - General Provisions Relating to Agricultural Cooperative Associations › Section 13.8 - Director committees.

3-1-13.8.
Director committees.
(1)
(a) Unless otherwise provided by the articles of incorporation or bylaws, a board of directors may create one or more committees and appoint members of the board of directors to serve on them.
(b) Each committee shall have two or more members who serve at the discretion of the board of directors.
(2) The creation of a committee and appointment of members to it shall be approved by the greater of:
(a) a majority of all the directors in office when the action is taken; or
(b) the number of directors required by the articles of incorporation or bylaws to take action under Section 3-1-13.6.
(3) Sections 3-1-13.2 and 3-1-13.6 shall apply to committees and their members.
(4) The board of directors, the articles of incorporation, or the bylaws may provide the scope of the authority that each committee may exercise.
(5) The creation of, delegation of authority to, or action by a committee does not alone constitute compliance by a director with the standards of conduct described in Section 3-1-13.3.
Amended by Chapter 378, 2010 General Session
2023 Utah Code › Title 3 - Uniform Agricultural Cooperative Association Act › Chapter 1 - General Provisions Relating to Agricultural Cooperative Associations › Section 14 - Removal of director.

3-1-14.
Removal of director.
Any member may ask for the removal of a director by filing charges with the secretary or president of the association, together with a petition signed by 10 per centum of the members requesting the removal of the director in question. The removal shall be voted upon at the next meeting of the members, and the association may remove the director by a majority vote of the members voting thereon. The director whose removal is requested shall be served with a copy of the charges not less than 10 days prior to the meeting and shall have an opportunity at the meeting to be heard in person and by counsel and to present evidence; and the persons requesting the removal shall have the same opportunity. In case the bylaws provide for election of directors by districts, then the petition for removal of a director shall be signed by 20 per centum of the members residing in the district from which he was elected. The board shall call a special meeting of the members residing in that district to consider the removal of the director; and by a majority vote of the members of that district voting thereon the director in question shall be removed from office.
Amended by Chapter 378, 2010 General Session
2023 Utah Code › Title 3 - Uniform Agricultural Cooperative Association Act › Chapter 1 - General Provisions Relating to Agricultural Cooperative Associations › Section 15 - Officers.

3-1-15.
Officers.
The board shall elect a president, a secretary and a treasurer, and may elect one or more vice-presidents, and such other officers as may be authorized in the bylaws. Unless the articles otherwise specifically provide, the president and at least one of the vice-presidents shall be directors, but a vice-president who is not a director cannot succeed to or fill the office of president. Any two of the offices of vice-president, secretary and treasurer may be combined in one person.
Amended by Chapter 378, 2010 General Session
2023 Utah Code › Title 3 - Uniform Agricultural Cooperative Association Act › Chapter 1 - General Provisions Relating to Agricultural Cooperative Associations › Section 15.1 - Duties of officers.

3-1-15.1.
Duties of officers.
Each officer has the authority and shall perform the duties set forth in the bylaws, or, to the extent consistent with the bylaws, the duties prescribed by the directors or by the officer authorized by the board of directors to prescribe the duties of other officers.
Amended by Chapter 378, 2010 General Session
2023 Utah Code › Title 3 - Uniform Agricultural Cooperative Association Act › Chapter 1 - General Provisions Relating to Agricultural Cooperative Associations › Section 16 - Removal of officer.

3-1-16.
Removal of officer.
Any member may bring charges of misconduct or incompetency against an officer by filing them with the secretary or president of the association, together with a petition signed by 10% of the members requesting the removal of the officer in question. The directors shall vote upon the removal of the officer at the first meeting of the board held after the hearing on the charges, and the officer may be removed by a majority vote, notwithstanding any contract the officer may have with the association, which shall terminate upon his removal, anything in the contract to the contrary notwithstanding. The officer against whom such charges are made shall be served with a copy of the charges not less than 10 days prior to the meeting, and shall have an opportunity at the meeting to be heard in person and by counsel, and to present evidence, and the persons making the charges shall have the same opportunity.
No Change Since 1953