§5205 — Title 25 Indians | U.S. Code

Summary

The Secretary cannot change or cancel a cooperative formed under section 5204 unless a majority of the members vote for it. They may sue or be sued in Oklahoma or federal courts; if sued in Oklahoma, certified papers must be served on the Secretary, who has 30 days (or longer if the trial court allows) to join or move the case to U.S. district court.

Title 25, §5205

Indians — Source: USLM XML via OLRC

The charters of any cooperative association organized pursuant to section 5204 of this title shall not be amended or revoked by the Secretary except after a majority vote of the membership. Such cooperative associations may sue and be sued in any court of the State of Oklahoma or of the United States having jurisdiction of the cause of action, but a certified copy of all papers filed in any action against a cooperative association in a court of Oklahoma shall be served upon the Secretary of the Interior, or upon an employee duly authorized by him to receive such service. Within thirty days after such service or within such extended time as the trial court may permit, the Secretary of the Interior may intervene in such action or may remove such action to the United States district court.

Notes & Related Subsidiaries

Editorial Notes

Codification Section was formerly classified to section 505 of this title prior to editorial reclassification and renumbering as this section.

Amendments

1948—Act June 25, 1948, struck out provisions relating to procedure for removal.

Statutory Notes and Related Subsidiaries

Effective Date

of 1948 AmendmentAct

June 25, 1948, ch. 646, § 38, 62 Stat. 992, provided that the amendment made by that act is effective

Sept 1, 1948.

§5205 Amendment or revocation of charters; suits by and against associations