Title 10 — Corporations and Associations

A. A domestic cooperative association may be a party to or otherwise undertake a merger, an interest exchange, a conversion, a domestication or a division by complying with chapter 34 of this title and title 29, chapter 6. B. If a domestic cooperative association is to be created…

In this article, unless the context otherwise requires: 1. "Affiliate" means a person that directly or indirectly, through one or more intermediaries, controls, is controlled by or is under common control with another person. 2. "Broadband service" means providing access and tran…

A. Cooperative nonprofit membership corporations may be organized under this article for any of the following purposes: 1. Supplying, purchasing, marketing, selling, transmitting or distributing electric energy to persons and promoting and extending the use of electric energy. 2.…

Five or more natural persons, or two or more cooperatives, may organize a cooperative in the manner provided in this article.

A. The name of a cooperative shall include the words "electric" and "cooperative," and the abbreviation "inc.," unless, in a statement executed by the cooperative and filed with the corporation commission, or in an affidavit made by a person signing the articles of incorporation,…

A. Articles of incorporation of a cooperative shall recite that they are executed pursuant to this article and shall state: 1. The name of the cooperative. 2. The address of its principal office. 3. The names and addresses of the incorporators. 4. The names and addresses of its d…

A. A cooperative may amend its articles by complying with the requirements prescribed in subsection B of this section, but a change in location of its principal office may be effected in the manner set forth in section 10-2066. B. The proposed amendment shall be presented to a me…

A. A cooperative organized under this article may: 1. Sue and be sued in its corporate name. 2. Have perpetual existence. 3. Adopt and alter a corporate seal. 4. Engage in the generation, manufacture, purchase, acquisition, accumulation, transmission, marketing, sale, distributio…

B. Unless the bylaws provide otherwise, the directors shall not receive salaries for services as directors and, except in emergencies, shall not be employed by the cooperative in any capacity involving compensation without the approval of the members. The bylaws may allow a payme…

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 of directors. If stated in the bylaws, the officers of the cooperative do not have to be directors. Unless the bylaws provide o…

Each incorporator of a cooperative shall be a member of the cooperative, but no other person may become a member unless the person agrees to use electric energy or other services furnished by the cooperative as the cooperative establishes in its bylaws. A husband and wife may hol…

A member shall not be liable or responsible for the acts, debts, liabilities or obligations of the cooperative and the property of the members shall not be subject to execution therefor.

A. An annual meeting of the members of a cooperative shall be held at such time and place as provided in the bylaws. Special meetings of the members may be called by the president, by the board of directors, by any three directors or by not less than ten per cent of the members. …

A person entitled to notice of a meeting may waive notice in writing either before or after the meeting. If the person attends the meeting, his attendance constitutes a waiver of notice of the meeting, unless he participates therein solely to object to the transaction of any busi…

The board of directors shall adopt the first bylaws of a cooperative to be adopted following incorporation, conversion, merger or consolidation. Thereafter either the board of directors or the members may amend or repeal the bylaws. The bylaws shall set forth the rights and dutie…

The bylaws may provide for the division of the territory served or to be served by a cooperative into two or more districts for any purpose, including, without limitation, the nomination and election of directors and the election and functioning of district delegates. The bylaws …

A cooperative may, upon authorization of its board of directors or its members, change the location of its principal office by filing in the office of the corporation commission a certificate reciting the change of principal office, executed by the cooperative.

A cooperative shall be operated on a nonprofit basis for the mutual benefit of its members and patrons. The by-laws of a cooperative or its contracts with consumers shall contain such provisions relative to the disposition of revenues and receipts as may be necessary and appropri…

A. The board of directors of a cooperative, without authorization by the members of the cooperative, may authorize the execution and delivery of mortgages or deeds of trust pledging or encumbering any or all of the property, assets, rights, privileges, licenses, franchises and pe…

A. Any mortgage, deed of trust or other instrument executed by a cooperative doing business in this state pursuant to this article, which affects real and personal property and which is recorded in the office of the county recorder in any county in which the property is located o…

A. A cooperative shall have the use of, and the right is expressly granted to it to use, the public highways, county highways and streets and alleys in or outside the service area of the cooperative. The cooperative may construct and operate lines connecting any points within the…

A. A patronage capital credit retirement payment or fee payment from a cooperative to its member or former member is an unclaimed capital credit or fee if the credit or fee remains unclaimed for a period of two years after the payment was made available to the member or former me…

A. A domestic electric cooperative nonprofit membership corporation may be a party to or otherwise undertake a merger, an interest exchange, a conversion, a domestication or a division by complying with chapter 34 of this title and title 29, chapter 6. A plan must be approved by …

A. A cooperative that has not commenced business may be dissolved by delivering to the corporation commission articles of dissolution, which shall be executed by the cooperative and which shall state: 1. The name of the cooperative. 2. The address of its principal office. 3. That…

Articles of incorporation, amendment, consolidation, merger, conversion or dissolution, when executed by the cooperative, shall be delivered to the corporation commission for filing. If the corporation commission finds that the articles presented conform to the requirements of th…

The corporation commission shall charge and collect the following nonrefundable fees for: 1. Filing articles of incorporation, ten dollars. 2. Filing articles of amendment, ten dollars. 3. Filing statement of merger, interest exchange, conversion, domestication or division, ten d…

The provisions of chapter 12 of title 44 shall not apply to any note, bond or other evidence of indebtedness issued by a cooperative doing business in this state pursuant to this article to the United States or any agency or instrumentality thereof, or to any mortgage, deed of tr…

Title 44, chapter 10, article 1 does not apply to any conduct or activity of a cooperative organized pursuant to this article, if the conduct or activity is approved by a statute of this state or of the United States or by the corporation commission or an administrative agency of…

A person authorized to take acknowledgments under the laws of this state shall not be disqualified from taking acknowledgments of instruments executed in favor of a cooperative or to which it is a party, by reason of being an officer, director or member of the cooperative.

This article shall be construed liberally, and the enumeration of any object, purpose, power, manner, method or thing shall not be deemed to exclude like or similar objects, purposes, powers, manners, methods or things.

Each electric cooperative nonprofit membership corporation incorporated pursuant to this article shall deliver to the commission for filing an annual report as required by section 10-11622.

B. The property owner must commence an action in the superior court for just compensation based on diminution in value not later than eighteen months after the date that the cooperative provides notice to the property owner of the expanded use for broadband service. If an action …

A. The members of a grand lodge or division, or of a subordinate lodge or division, acting under the authority of a grand lodge or division of Free Masons, Odd Fellows, Knights of Pythias, Workmen, Elks or of any other society constituted in a manner generally similar thereto, wh…

In pursuance of the rules and regulations of the society, and in conformity with the rules and regulations of the grand lodge, division or society from which they derive their charter, the trustees may manage, purchase, lease, hold, convey, mortgage, execute deeds of trust and im…

The property conveyed or acquired by devise, gift, purchase or otherwise to the society, or to any person as trustee for the use thereof, shall vest in the trustees and their successors in office as fully as if originally conveyed to them, and shall be held by them and by their s…

A. The trustees shall be elected annually and they shall severally hold office for one year and until their successors are elected, but the society may classify the trustees so that the term of office of one third of them shall expire each year, and when so classified the term of…

Benevolent, fraternal or secret societies or organizations in this state may file in the office of the secretary of state a facsimile of its insignia, distinctive ribbon, membership rosette or button prescribed and adopted by the society or organization for the use of its members…

A person who wears the insignia, badge, emblem, distinctive ribbon or membership rosette or button of a benevolent, fraternal, patriotic or veterans' organization, or secret society or organization, or its auxiliary, a facsimile of which has been filed in the office of the secret…

A. A fraternal or benevolent society may be a party to or otherwise undertake a merger, an interest exchange, a conversion, a domestication or a division by complying with chapter 34 of this title and title 29, chapter 6. B. For the purposes of this section, references in chapter…

In this article, unless the context otherwise requires: 1. "Affiliate" means a person that directly or indirectly, through one or more intermediaries, controls, is controlled by or is under common control with another person. 2. "Broadband service" means providing access and tran…

Nonprofit electric generation and transmission cooperative corporations may be organized under this article for the purpose of: 1. Producing and generating, purchasing, marketing or selling electric energy or transmitting such energy to other electric utilities or persons. 2. Pro…

Two or more electric utilities or persons that fulfill the requirements for being a member may organize a generation and transmission cooperative as provided in this article.

A. The name of a generation and transmission cooperative shall include the word "cooperative" and the abbreviation "inc.", unless, in a statement executed by the cooperative and filed with the corporation commission, it appears that the generation and transmission cooperative des…

A. Articles of incorporation of a generation and transmission cooperative shall recite that they are executed pursuant to this article and shall state: 1. The name of the generation and transmission cooperative. 2. The address of its principal office. 3. The names and addresses o…

A. A generation and transmission cooperative may amend its articles of incorporation by complying with the following requirements: 1. A proposed amendment shall be presented to a meeting of the members. The meeting notice shall state or have attached to it all proposed amendments…

A. A generation and transmission cooperative may: 1. Sue and be sued and complain and defend in its corporate name. 2. Have perpetual existence by its corporate name. 3. Adopt a corporate seal and alter the seal at its pleasure, and use the seal by causing it, or a facsimile of i…

A. Only electric utilities and other persons as the bylaws provide are eligible to be members of a generation and transmission cooperative. All incorporators shall be original members of a generation and transmission cooperative, and new members may be admitted by a majority vote…

A. An annual meeting of the members of a generation and transmission cooperative shall be held at a time and place provided in the bylaws. Special meetings of the members may be called by the president, by the board of directors, by any three directors or by not less than twenty-…

A. A board of directors shall manage the business of a generation and transmission cooperative. The directors named in the articles of incorporation, consolidation, merger or conversion hold office until the directors' successors are elected and qualify. The bylaws shall prescrib…

The officers of a generation and transmission cooperative consist of a president, vice-president, secretary and treasurer, who are elected annually by and from the board of directors. If stated in the bylaws, the officers of the cooperative do not need to be members of the board …