• § 46-5-60 - Short Title
  This part may be cited as the "Rural Telephone Cooperative Act."
• § 46-5-61 - Declaration of Purpose
  Cooperative nonprofit corporations may be organized under this part for the purpose of furnishing telephone service in rural areas to the widest practicable number...
• § 46-5-62 - Definitions
  As used in this part, the term: (1) "Cooperative" means any corporation organized under this part or which becomes subject to this part. (2)...
• § 46-5-63 - Powers of Cooperatives Generally
  A cooperative shall have power: (1) To sue and be sued in its corporate name; (2) To have an initial existence for a term...
• § 46-5-64 - Power of Superior Court to Create Cooperatives, to Approve Amendments to Their Articles of Incorporation, Conversion, Consolidation, Merger, or Dissolution
  The superior court shall have power, by compliance with this part, to create cooperatives, to approve amendments to articles of incorporation of cooperatives, to...
• § 46-5-65 - Names of Cooperatives
  (a) The name of the cooperative shall include the words "Telephone" and "Cooperative," and the abbreviation "Inc." unless: (1) In an affidavit made by...
• § 46-5-66 - Incorporators
  Five or more persons, including cooperatives, may organize a cooperative in the manner provided in this part.
• § 46-5-67 - Contents of Articles of Incorporation; Signing and Acknowledgment; Recitation of Purpose and Powers; Statements Regarding Issuance of Nonvoting Shares of Stock
  (a) Articles of incorporation of a cooperative shall recite that they are executed pursuant to this part; shall state the name of the cooperative,...
• § 46-5-68 - Presentation of Articles of Incorporation to Superior Court for Approval; Accompaniment of Articles by Secretary of State's Certificate and by Required Affidavits
  The articles of incorporation, executed and acknowledged in accordance with Code Section 46-5-67, shall be presented, by application signed by two of the persons...
• § 46-5-69 - Approval of Articles by Judicial Order; Application As Constituting Charter of Cooperative
  Upon presentation of the articles of incorporation to the superior court, or to the judge of the superior court, the judge shall examine the...
• § 46-5-70 - Filing of Articles With Clerk of Court
  The applicants shall file the application, including the articles of incorporation and the order of the judge thereon, in the office of the clerk...
• § 46-5-71 - Submittal to Clerk of Publisher's Affidavit
  The applicants shall submit to the clerk, along with the articles of incorporation, an affidavit signed by the duly authorized agent or publisher of...
• § 46-5-72 - Time of Advertisement of Articles; Appearance of Advertisements Prior to Granting of Charter
  The first of said advertisements shall appear within one week after the filing of the articles of incorporation as provided in Code Section 46-5-70...
• § 46-5-73 - Duty of Clerk to Deliver to Applicants Certified Copies of Articles and of Order Thereon
  Upon the filing of the articles of incorporation and the order of the judge thereon with the clerk of the superior court, the clerk...
• § 46-5-74 - Filing of Copies of Articles and Order With Secretary of State; Payment of Fee
  Upon receiving the two certified copies of the articles of incorporation and the order of the judge thereon, the applicants or their attorney shall...
• § 46-5-75 - Certificate of Secretary of State
  The Secretary of State shall thereupon attach to one of the certified copies of the articles of incorporation with order of the judge thereon,...
• § 46-5-76 - Certified Copies of Charter and Secretary of State's Certificate As Evidence of Incorporation of Cooperative and of Nature and Contents of Charter
  Such certified copies of the charter, together with the certificate of the Secretary of State thereon, shall be received as evidence in any court...
• § 46-5-77 - Time of Corporate Existence of Cooperative
  The corporate existence of the cooperative shall begin at the time of the filing of the articles of incorporation, with the judge's order thereon,...
• § 46-5-78 - Bylaws of Cooperative Generally
  The board of directors shall adopt the first bylaws of a cooperative to be adopted following an incorporation, conversion, combined consolidation and conversion, merger,...
• § 46-5-79 - Qualifications for Membership in Cooperative; Certificate of Membership; Share Certificates; Payment for Shares of Stock
  (a) Each incorporator of a cooperative shall be a member thereof, but no other person may become a member thereof unless he agrees to...
• § 46-5-80 - Meetings of Members -- Generally
  (a) An annual meeting of the members of a cooperative shall be held at such time and place as shall be provided in the...
• § 46-5-81 - Meetings of Members -- Waiver of Notice
  Any person entitled to notice of a meeting may waive such notice in writing either before or after such meeting. If any such person...
• § 46-5-82 - Board of Directors
  (a) The business of a cooperative shall be managed by a board of not less than five directors, each of whom shall be a...
• § 46-5-83 - Division of Service Territory Into Districts; Election of District Delegates; Boundaries of Districts; Voting by Members At District Meetings and by District Delegates At Any Meeting
  The bylaws may provide for the division of the territory served or to be served by a cooperative into two or more districts for...
• § 46-5-84 - Officers of Cooperative
  The officers of a cooperative shall consist of a president, vice-president, secretary, and treasurer, who shall be elected annually by and from the board...
• § 46-5-85 - Amendment of Articles of Incorporation
  (a) A cooperative may amend its articles of incorporation by complying with the requirements of this Code section, provided that a change of location...
• § 46-5-86 - Change of Location of Principal Office
  A cooperative may, upon authorization of its members or board of directors, change the location of its principal office by compliance with the requirements...
• § 46-5-87 - Consolidation of Cooperatives
  Any two or more cooperatives (each of which is designated in this Code section as a "consolidating cooperative") may consolidate into a new cooperative...
• § 46-5-88 - Merger of Cooperatives
  Any one or more cooperatives (each of which is designated in this Code section as a "merging cooperative") may merge into another cooperative (designated...
• § 46-5-89 - Effect of Consolidation or Merger
  (a) In the case of a consolidation, the existence of the consolidating cooperatives shall cease, and the articles of consolidation shall be deemed to...
• § 46-5-90 - Conversion of Telephone Corporation Into a Cooperative; Consolidation of Telephone Corporations Into a Cooperative
  (a) Any corporation organized under the laws of this state and furnishing or having the corporate power to furnish telephone service may be converted...
• § 46-5-91 - Dissolution of Cooperatives
  (a) A cooperative which has not commenced business may be dissolved by presenting to the superior court of the county where its principal office...
• § 46-5-92 - Operation of Cooperatives on Nonprofit Basis; Contents of Bylaws and of Contracts With Members and Patrons Regarding Nonprofit Operation
  A cooperative shall be operated on a nonprofit basis for the mutual benefit of its members and patrons. The bylaws of a cooperative or...
• § 46-5-93 - Pledging or Encumbering of Property, Assets, Rights, and Privileges of Cooperative by Board of Directors to Secure Indebtedness to Federal Government; Tax Exemption for Mortgages and Deeds of Trust; Sale, Pledge, or Encumbrance of Property
  (a) In order to secure any indebtedness of the cooperative to the United States government or any agency or instrumentality thereof, the board of...
• § 46-5-94 - Liability of Members and Shareholders for Debts of Cooperative
  No member or shareholder shall be liable or responsible for any debts of the cooperative; and the property of the members and shareholders shall...
• § 46-5-95 - Effect of Recordation of Mortgage, Deed of Trust, or Other Instrument of Real and Personal Property of Cooperative
  Any mortgage, deed of trust, or other instrument executed by a cooperative or foreign corporation doing business in this state pursuant to this part,...
• § 46-5-96 - Construction Standards
  Construction of telephone lines and facilities by a cooperative shall, as a minimum requirement, comply with the standards of the National Electrical Code in...
• § 46-5-97 - Limitation of Actions
  All rights of action accruing against any cooperative or any foreign corporation doing business in this state pursuant to this part, which rights of...
• § 46-5-98 - Taking of Acknowledgments by Officers, Trustees, Members, or Shareholders of Cooperatives
  No person who is authorized to take acknowledgments under the laws of this state shall be disqualified from taking acknowledgments of instruments executed in...
• § 46-5-99 - Extension of Telephone Service Into State by Foreign Nonprofit or Cooperative Corporations; Secretary of State As Agent for Foreign Corporations; Rights and Powers of Foreign Corporations
  Any foreign nonprofit or cooperative corporation furnishing or authorized to furnish telephone service and owning or operating telephone lines or facilities in a state...
• § 46-5-100 - Fees
  Each cooperative shall be charged by the Secretary of State the fees specified in Code Section 14-2-122 for the filing of documents and issuance...
• § 46-5-101 - Annual License Fee; Exemption of Cooperatives From Taxation
  Each cooperative and each foreign corporation doing business in this state pursuant to this part shall pay annually, on or before July 1, to...
• § 46-5-102 - Interconnection of Lines, Facilities, or Systems of Cooperatives and Other Telephone Companies
  The lines, facilities, or systems of any cooperative or foreign corporation doing business in this state pursuant to this part and the lines, facilities,...
• § 46-5-103 - Jurisdiction of Commission
  Cooperatives and foreign corporations doing business in this state pursuant to this part shall be subject to the jurisdiction and supervision of the commission...
• § 46-5-104 - Applicability of Chapter 5 of Title 10
  Chapter 5 of Title 10 shall not apply to any note, bond, or other evidence of indebtedness issued to the United States government or...
• § 46-5-105 - Construction of Part
  This part is complete in itself and shall be controlling. This part shall be construed liberally. The enumeration in this part of any object,...

Last modified: October 14, 2016