Hawaii Revised Statutes 421. Agricultural Cooperative Associations

• 421-1 Definitions.
  As used in this chapter, unless the context or subject matter requires otherwise: "Agricultural products" includes floricultural, horticultural, viticultural, forestry, nut, coffee, dairy, livestock,...
• 421-2 Purposes.
  An association may be organized for the purpose of engaging in any cooperative activity for producers of agricultural products in connection with: (1) Producing,...
• 421-3 Qualifications of Incorporators.
  Three or more adult persons, engaged in agriculture as bona fide producers of agricultural products, or two or more associations of such producers, may...
• 421-4 Articles of Incorporation.
  (a) Articles of incorporation shall be certified and executed by each of the incorporators, if natural persons, and by the president and secretary of...
• 421-5 Name.
  Section 414D-61 shall apply to associations formed under this chapter and no domestic corporation not organized under this chapter shall use the word "cooperative" as...
• 421-6 Filing and Recording Articles of Incorporation, Etc.
  (a) The articles of incorporation and any articles of amendment thereof shall be filed in the office of the director of commerce and consumer...
• 421-7 Amendments of Articles of Incorporation.
  (a) An association may amend its articles of incorporation by the affirmative vote of two-thirds of the members voting thereon at any regular meeting,...
• 421-8 Bylaws.
  The members of the association, within thirty days after its incorporation, shall adopt bylaws not inconsistent with law or the articles, and they may...
• 421-9 Powers.
  (a) An association formed under this chapter, or an association which might be formed under this chapter and which existed at the time this...
• 421-10 Members.
  (a) An association may admit as members only bona fide producers of agricultural products, including tenants and landlords receiving a share of the crop,...
• 421-11 Membership or Stock Certificates, Transfers, Dividends, Preferred Stock.
  (a) No certificate for membership or stock shall be issued until fully paid for, but bylaws may provide that a member may vote and...
• 421-12 General and Special Meetings; How Called.
  Within thirty days after the incorporation of an association the members thereof shall hold an organization meeting at a time and place fixed by...
• 421-13 Directors.
  (a) The business of the association shall be managed by a board of not less than three directors; at least two-thirds of the directors...
• 421-14 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...
• 421-15 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...
• 421-16 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...
• 421-17 Referendum.
  The articles or bylaws may provide that upon demand of two-fifths of all the directors, any matter of policy that has been approved or...
• 421-18 Contracts Between Association and Members.
  (a) Period, withdrawal. The bylaws may require members to execute contracts with the association in which the members agree to patronize the facilities created...
• 421-19 Misdemeanor to Induce Breach of Marketing Contract to Cooperative Association; Spreading False Reports About the Management or Finances Thereof.
  Any person or any corporation whose officers or employees knowingly induce or attempt to induce any member or stockholder of an association to violate...
• 421-20 Associations are Not in Restraint of Trade.
  (a) No association complying with the terms hereof shall be deemed to be a conspiracy or a combination in restraint of trade, or an...
• 421-21 Voluntary Dissolution.
  Chapter 414, relating to the voluntary dissolution of profit corporations, and chapter 414D, relating to the voluntary dissolution of nonprofit corporations, shall apply, as the...
• 421-21.5 Repealed.
  L 1993, c 105, §2.
• 421-21.6 Mergers; Procedures; Approval by Members.
  (a) Pursuant to a plan of merger, any agricultural cooperative association organized under this chapter may merge with one or more domestic professional corporations,...
• 421-22 Annual Report.
  (a) An association formed under this chapter shall file with the director of commerce and consumer affairs an annual report. The annual report shall...
• 421-23 Taxation.
  To obtain the exemptions from taxation granted by this section or any other law, the association annually shall file with the director of taxation...
• 421-24 Application to Existing Association.
  Except where otherwise expressly stated herein, this chapter shall be applicable to any existing association formed under any law of the State providing for...
• 421-25 General Corporation Laws, When Applicable.
  Except where otherwise provided, the general corporation laws shall apply to cooperative associations organized under this chapter. [L 1949, c 234, pt of §1;...
• 421-26 Repealed.
  L 2008, c 16, §16.
• 421-27 Repealed.
  L 2004, c 121, §58.

Last modified: October 27, 2016