Code of Alabama - Title 37: Public Utilities and Public Transportation - Chapter 6 - Electric Cooperatives

• Article 1 General Provisions.
• Section 37-6-1 Definitions
  For the purposes of this chapter, the following terms shall have the meanings respectively ascribed to them by this section, unless the context otherwise requires:...
• Section 37-6-2 Organization and purpose
  Cooperative, nonprofit membership corporations may be organized under this chapter for the purpose of supplying electric energy and promoting and extending the use thereof, for...
• Section 37-6-3 Enumerated powers
  A cooperative shall have the power: (1) To sue and be sued in its corporate name. (2) To adopt a corporate seal and alter the...
• Section 37-6-4 Name
  The name of each cooperative primarily engaged in the distribution of electricity or other services shall include the word "cooperative"; and the name of each...
• Section 37-6-5 Incorporators
  Five or more natural persons or two or more cooperatives may organize a cooperative in the manner provided in this article.
• Section 37-6-6 Articles of incorporation - Generally
  The articles of incorporation of a cooperative shall recite in the caption that they are executed pursuant to this chapter, shall be signed and acknowledged...
• Section 37-6-7 Articles of incorporation - Amendment
  A cooperative may amend its articles of incorporation by complying with the following requirements: The proposed amendment shall be first approved by the board of...
• Section 37-6-8 Bylaws
  The original bylaws of a cooperative shall be adopted by its Board of Trustees. Thereafter, bylaws shall be adopted, amended, or repealed by its members...
• Section 37-6-9 Qualifications for membership; meetings; voting
  (a) No person who is not an incorporator shall become a member of a cooperative unless such person shall agree to use electric energy furnished...
• Section 37-6-10 Board of trustees
  The business and affairs of a cooperative shall be managed by a board of not less than five trustees, each of whom shall be a...
• Section 37-6-11 Voting districts
  Notwithstanding any other provision of this chapter, the bylaws may provide that the territory in which a cooperative supplies electric energy to its members shall...
• Section 37-6-12 Officers
  The officers of a cooperative shall consist of a president, one or more vice-presidents, a secretary, and a treasurer, who shall be elected annually by...
• Section 37-6-13 Consolidation generally
  Any two or more cooperatives, each of which is hereinafter designated a "consolidating cooperative," may consolidate into a new cooperative, hereinafter designated the "new cooperative,"...
• Section 37-6-14 Merger generally
  Any one or more cooperatives, each of which is hereinafter designated a "merging cooperative," may merge into another cooperative, hereinafter designated the "surviving cooperative," by...
• Section 37-6-15 Effect of consolidation or merger
  The effect of consolidation or merger shall be as follows: The several cooperatives, parties to the consolidation or merger, shall be a single cooperative which,...
• Section 37-6-16 Conversion of existing corporation into cooperative
  Any corporation organized under the laws of this state for the purpose, among others, of supplying electric energy to its members may be converted into...
• Section 37-6-18 Dissolution
  (a) A cooperative which has not commenced business may dissolve voluntarily by delivering to the Secretary of State articles of dissolution, executed and acknowledged on...
• Section 37-6-19 Filing of articles
  Articles of incorporation, amendment, consolidation, merger, conversion or dissolution, as the case may be, when executed and acknowledged and accompanied by such affidavits as may...
• Section 37-6-20 Disposition of excess revenues
  Revenues of a cooperative for any fiscal year in excess of the amount thereof necessary to defray expenses of the cooperative and of the operation...
• Section 37-6-21 Sale, lease or encumbrance of property; offeror's disclosure statement; invitations for competing or alternative proposals; exceptions; effect of violation
  A cooperative may not sell or lease all or any substantial portion of its property, unless such sale or lease is authorized at a duly...
• Section 37-6-22 Nonliability of members for debts of cooperative
  The private property of the members of a cooperative shall be exempt from execution for the debts of the cooperative, and no member shall be...
• Section 37-6-23 Liens
  Any mortgage, deed of trust or other instrument executed by a cooperative or foreign corporation transacting business in this state pursuant to this chapter, which,...
• Section 37-6-24 Waiver of notice
  Whenever any notice is required to be given under the provisions of this chapter or under the provisions of the articles of incorporation or bylaws...
• Section 37-6-25 Acknowledgment of instruments
  No person who is authorized to take acknowledgments under the laws of this state shall be disqualified from taking acknowledgments of instruments executed in favor...
• Section 37-6-26 Foreign corporations
  Any corporation or association organized under generally similar laws of another state shall be allowed to carry on any proper activities, operations and functions in...
• Section 37-6-28 Bonds or other indebtedness - Consent of department of finance
  No bonds or other evidences of indebtedness of any cooperative or foreign corporation transacting business in this state pursuant to this chapter shall be issued...
• Section 37-6-27 Exemption from jurisdiction of public service commission
  Cooperatives transacting business in this state pursuant to this chapter shall be deemed to be general welfare cooperatives and exempt in all respects from the...
• Section 37-6-30 Terminating or declining service because of indebtedness to cooperative; when account in dispute
  (a) For the purposes of this section, the following terms shall have the meanings respectively ascribed to them herein: (1) RURAL ELECTRIC COOPERATIVE. A cooperative...
• Section 37-6-29 Bonds or other indebtedness - Exemption from provisions of securities law
  The provisions of the Alabama Securities Law shall not apply to any note, bond or other evidence of indebtedness issued by any cooperative transacting business...
• Article 2 Rural Telephone Service.
• Section 37-6-40 Definitions
  For the purposes of this article, the following terms shall have the meanings respectively ascribed to them by this section: (1) RURAL AREA. Any area...
• Section 37-6-41 Electric cooperatives empowered to furnish telephone service
  Any electric cooperative presently or hereafter organized and any corporation converted into an electric cooperative under the provisions of Article 1 of this chapter shall...
• Section 37-6-42 Enumerated powers
  (a) Any such electric cooperative shall have power: (1) To supply telephone service in rural areas to its members, to governmental agencies and political subdivisions,...
• Section 37-6-43 Name of cooperative furnishing service
  The name of an electric cooperative which engages in the furnishing of telephone service may include the word "telephone" and need not include the word...
• Section 37-6-44 Cooperatives possess same powers in connection with telephone service as with electricity
  Except as otherwise provided in this article, electric cooperatives shall possess and exercise all powers in connection with the construction, acquisition and operation of telephone...
• Section 37-6-45 Cooperatives authorized to supply electrical energy or telephone service or both
  Electric cooperatives are authorized to supply to their members and other persons they are authorized to serve only electrical energy or only telephone service, or
• Section 37-6-46 Power to furnish telephone service exclusive
  The power to furnish telephone service conferred in this article on electric cooperatives is exclusive, and no other nonprofit membership corporation or organization, including improvement...
• Section 37-6-47 Duty of public service commission to encourage improvement and expansion of facilities
  It shall be the duty of the Alabama Public Service Commission to encourage the improvement and expansion of existing rural telephone facilities and the construction...
• Section 37-6-48 Additional compensation for members of commission
  For the extra, new and additional duties imposed upon the Alabama Public Service Commission and the members thereof by this article and for the performance...
• Section 37-6-49 Vesting of certain powers; validation of acts relating to organization
  Any cooperative organized under the provisions of this chapter prior to September 4, 1951, for the sole purpose of furnishing telephone service is hereby vested...

Last modified: May 3, 2021