Code of Alabama - Title 2: Agriculture - Chapter 10 - Cooperatives and Associations
- Article 1 General Provisions.
- Article 2 Marketing Associations Generally.
- Section 2-10-20 "Association" defined
The word "association," as used in this article, shall refer to agricultural cooperative marketing associations and other organizations, whether incorporated or not, which have for...
- Section 2-10-21 Permit required; fee
No association shall engage in business until it has first secured a permit from the commissioner. Application for such permit shall be made on blanks...
- Section 2-10-22 Duty of commissioner upon receipt of application for permit
Upon receipt of an application by an association for a permit, the commissioner shall ascertain from the best source of information at his command whether...
- Section 2-10-23 Issuance of permit; annual renewal permit fee; penalty for failure to pay renewal fee
If the commissioner is satisfied from his investigation that the character and general fitness of the persons to manage an association are such as to...
- Section 2-10-24 Refusal of permit
In the event the commissioner is of the opinion from his investigation that an association making application for a permit cannot be successfully conducted or...
- Section 2-10-25 Notice of decision refusing permit; appeal
If the commissioner refuses to issue a permit, he shall by registered or certified mail notify the principal officer or manager of the association and...
- Section 2-10-26 Temporary permit pending appeal
In the event an association desires to do business pending the appeal provided for in Section 2-10-25, it may be issued a temporary permit to...
- Section 2-10-27 Authority to acquire stock and execute mortgages
All cooperative agricultural associations of any kind or character whatsoever, heretofore or hereafter organized under the laws of the State of Alabama, are hereby authorized...
- Section 2-10-28 Annual report
Every association shall prepare and make out an annual report, on forms furnished by the commissioner and approved by the State Board of Agriculture and...
- Section 2-10-29 Investigation of affairs of association
The commissioner shall have authority, when so ordered by the State Board of Agriculture and Industries, to examine and investigate each association as to its...
- Section 2-10-30 Commissioner to report association violating purposes of organization, etc
Whenever the commissioner finds that an association is violating the purposes for which organized or is conducting its business in any unauthorized manner or is...
- Section 2-10-31 Hearing on report of commissioner
The State Board of Agriculture and Industries shall consider all facts relative to the report of the commissioner required by Section 2-10-30 in executive session;...
- Section 2-10-32 Order of board after hearing; appeal
The State Board of Agriculture and Industries, upon any hearing provided for in this article, may require the commissioner to call a meeting of the...
- Section 2-10-33 Bond required of person placed in charge of association
Whenever the State Board of Agriculture and Industries shall place an association in the charge or control of a person, as provided in Section 2-10-32,...
- Section 2-10-34 Payment of expense of operating or closing out association
The expense of operating or closing out an association, as provided in Section 2-10-32, shall be paid by the association, including the reasonable salary of...
- Section 2-10-35 Dissolution of marketing or marketing and purchasing associations
(a) Any cooperative marketing corporation or association or mutual cooperative marketing or purchasing corporation or association organized under the laws of this state, may be...
- Article 3 Incorporated Marketing Associations.
- Section 2-10-50 Definitions
As used in this article, the following words and phrases shall have the meanings respectively ascribed to them in this section: (1) AGRICULTURAL PRODUCTS. Such...
- Section 2-10-51 Nonprofit associations
Associations organized under this article shall be deemed nonprofit, inasmuch as they are not organized to make profits for themselves as such or for their...
- Section 2-10-52 Who may form association
Five or more persons engaged in the production of agricultural products may form a nonprofit cooperative association, with or without capital stock, under the provisions...
- Section 2-10-53 Objects of association
An association may be organized under this article to engage in any activity in connection with the marketing or selling of the agricultural products of...
- Section 2-10-54 Powers of association
Each association incorporated under this article shall have the following powers: (1) To engage in any activity in connection with the marketing, selling, harvesting, preserving,...
- Section 2-10-55 Who may become members or stockholders
Under the terms and conditions prescribed in its bylaws, an association may admit as members (or issue common stock to) only persons or associations or...
- Section 2-10-56 Contents of articles of incorporation; signing, acknowledgment and filing
Each association formed under this article shall prepare and file articles of incorporation, setting forth: the name of the association; the purposes for which it...
- Section 2-10-57 Amendments to articles of incorporation
The articles of incorporation or charter of any cooperative or mutual association of farmers organized under the provisions of this article may be altered or...
- Section 2-10-58 Provisions of bylaws
Each association incorporated under this article shall, within 30 days after its incorporation, adopt for its government and management bylaws not inconsistent with the powers...
- Section 2-10-59 Regular and special meetings of members
In its bylaws each association shall provide for one or more regular meetings annually. The board of directors shall have the right to call a...
- Section 2-10-60 Selection of directors; contracts with association; vacancies
The affairs of an association shall be managed by a board of not less than five directors, elected by the members or stockholders from their...
- Section 2-10-61 Officers
The directors of each association shall elect from their number a president and one or more vice-presidents. They shall also elect a secretary and a...
- Section 2-10-62 Certificate of membership; stock of association; member's liability for association's debts
When a member of an association established without capital stock has paid his membership fee in full, he shall receive a certificate of membership. No...
- Section 2-10-63 Removal of officer or director
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...
- Section 2-10-64 Referring questions to entire membership
Upon demand of one third of the entire board of directors, any matter that has been approved or passed by the board must be referred...
- Section 2-10-65 Marketing contracts
The association and its members may make and execute marketing contracts, requiring the members to sell, for any period of time not over 10 years,...
- Section 2-10-66 Exchange of stock
Whenever an association organized under this article with preferred capital stock shall purchase the stock or any property or any interest in any property of...
- Section 2-10-67 Annual report of association
Each association formed under this article shall prepare and make out an annual report on forms furnished by the Secretary of State, containing the name...
- Section 2-10-68 Conflicting laws not applicable
Any provisions of law which are in conflict with this article shall not be construed as applying to the associations provided for in this article.
- Section 2-10-69 Association may form, own or control another corporation
The association may organize, form, operate, own, control, have an interest in, own stock of or be a member of any other corporation or corporations,...
- Section 2-10-70 Agreements between associations
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...
- Section 2-10-71 Association not a monopoly
No association organized under this article shall be deemed to be a combination in restraint of trade or an illegal monopoly or an attempt to...
- Section 2-10-72 Applicability of general corporation laws
The provisions of the general corporation laws of this state and all powers and rights thereunder shall apply to the associations organized under this article,...
- Section 2-10-73 Fees to probate judges and Secretary of State
For examining and filing corporation papers under provisions of this article, the probate judge in whose office the same is filed shall receive a fee...
- Section 2-10-74 Fees for filing articles of incorporation
For filing articles of incorporation, an association organized under this article shall pay $10.00, and for filing an amendment to the articles, $2.50.
- Article 4 Mutual Farming or Trucking Associations.
- Section 2-10-90 Definitions
The following terms, as used in this article, shall have the meanings respectively ascribed to them in this section: (1) PRODUCERS OF AGRICULTURAL PRODUCTS. Individual...
- Section 2-10-91 Purposes of article
The purposes of this article are to promote the general welfare of agriculture; to enable producers of agricultural products, whether in the State of Alabama...
- Section 2-10-92 How association may be formed; amendments to articles of incorporation
Five or more producers of agricultural products, whether in the State of Alabama or not, who may desire that they, their associates and successors shall...
- Section 2-10-93 Organization generally; adoption of bylaws
A majority of the organizing members named in the articles of incorporation, at a time and place agreed upon in writing by all the said...
- Section 2-10-94 Board of directors
The affairs of an association incorporated under this article shall be conducted, controlled and managed by a board of directors of such number, not to...
- Section 2-10-95 Election and duties of officers
The board of directors shall elect from its number a president and one or more vice-presidents. It shall also elect a secretary and a treasurer...
- Section 2-10-96 Voting by mail or proxy; fees and dues
The bylaws may provide, among other things, for voting by the members by mail or by proxy in writing and for membership fees and dues...
- Section 2-10-97 Membership
Under the terms and conditions prescribed in its bylaws, an association may admit as members or issue common stock or certificates of membership only to...
- Section 2-10-98 Organization with capital stock
Incorporated associations may be organized under this article with capital stock at the option of the organizers. In that event the association shall be organized...
- Section 2-10-99 Powers of association
An association incorporated under this article shall have the power to: (1) Contract and be contracted with; (2) Borrow and lend money; (3) Issue notes,...
- Section 2-10-100 Associations may federate
Associations incorporated under this article may, in carrying out their purposes, become members of and enjoy the facilities and cooperation of any federation whose members...
- Section 2-10-101 How federation organized and managed
Five or more associations or corporations organized under this article, or whose purposes and operations are in any way promotive of, and not inconsistent with,...
- Section 2-10-102 Powers of federation
Any federation incorporated under Section 2-10-101 for the purpose of carrying out the purposes of this article and the rendition of services to its constituent...
- Section 2-10-103 Charges for expenses and creating reserve; patronage dividends
An association incorporated under this article may make charges to its members and deductions from the proceeds of their products for services rendered to them,...
- Section 2-10-104 Certain civil actions authorized
An association incorporated under this article may institute and defend civil actions and may collect, institute civil actions for and realize on claims for the...
- Section 2-10-105 Permit fee; taxation
Any corporation or association organized under this article shall pay to the state the annual permit fee of $10.00 now required by law and shall...
- Section 2-10-106 Existing associations may come under this article
Existing associations may come under this article. Any cooperative association already in existence may by majority vote of the stockholders or its members be brought...
- Section 2-10-107 Fees for filing articles of incorporation
For filing articles of incorporation, an association organized under this article shall pay $5.00 to the probate judge in whose office the same is filed....
- Section 2-10-108 Incorporated marketing association not affected
This article shall not amend, repeal or in anywise affect the provisions of article 3 of this chapter, nor any corporation or association formed thereunder.
Last modified: May 3, 2021