- 9 - and its membership as a whole. MCP also was obligated to market the processed corn at the best rate obtainable on the open market. In the UMAs, petitioners appointed MCP as their agent to market and sell the corn they delivered to satisfy their production and delivery obligations. MCP determined how much corn petitioners had to produce and deliver and had “sole and complete discretion in all phases of the marketing activity”. In return for petitioners’ meeting their production and delivery obligations, MCP was obligated under the UMA to pay each petitioner: (1) At least 80 percent of the loan value per bushel of corn delivered by each petitioner; (2) a storage fee and interest in some cases; (3) an additional payment (“value-added payment”) for value added to the corn as a result of its processing, and as further compensation for corn delivered by petitioners, if MCP determined that such a payment was warranted after calculating the net proceeds from all of its operations for the processing year and if MCP’s lenders approved; and (4) payments from MCP’s earnings as patronage dividends in accordance with MCP’s bylaws. During 1994 and 1995, petitioners received value-added payments of $132,375 and $207,612, respectively, attributable to the option pool corn they acquired and delivered to MCP.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011