Title 2 — Agriculture
31 chapters · 691 sections in this title.
Ark. Code Ann. § 2-2-101 Purpose
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(a) The purposes of this subchapter are to provide for:(1) The formation and operation of agricultural cooperative associations; and(2) The rights, powers, liabilities, and duties of cooperative associations. (1) The formation and operation of agricultural cooperative association…
Ark. Code Ann. § 2-2-102 Definitions
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(1) As used in this subchapter, unless the context otherwise requires:(1) “Agricultural products” means horticultural, viticultural, forestry, dairy, livestock, poultry, bee, and any other farm, ranch, plantation, and range products;(2) “Association” means any association organiz…
Ark. Code Ann. § 2-2-103 Construction
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(a) Any provisions of law which otherwise would be in conflict with this subchapter shall not be construed as applying to an association provided for in this subchapter. (b) No provision of law shall be deemed to be repealed by this subchapter. (c) This subchapter shall not affec…
Ark. Code Ann. § 2-2-104 Who may organize
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Any number of persons, not less than five (5), who are engaged in the production of agricultural commodities may form a cooperative association with or without capital stock under the provisions of this subchapter.
Ark. Code Ann. § 2-2-105 Reasons for organizing
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An association may be organized to engage in any agricultural or related activity, including, but without limitation, any activity in connection with the producing, marketing, selling, harvesting, dairying, preserving, drying, processing, canning, packing, milling, ginning, compr…
Ark. Code Ann. § 2-2-106 Powers
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(1) Each association incorporated under this subchapter shall have the following powers:(1) To engage in any activity in connection with any agricultural or related activity, including, but without limitation, any activity in connection with the producing, marketing, selling, har…
Ark. Code Ann. § 2-2-107 Members
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(a) (1) Under the terms and conditions prescribed in its bylaws, an association formed under this subchapter may admit any persons as members who are engaged in the production of agricultural commodities, including the lessees and tenants of lands used for production of agricultu…
Ark. Code Ann. § 2-2-108 Articles of association
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(a) Each association formed under this subchapter must prepare and file articles of association, setting forth:(1) The name of the association;(2) The purposes for which it is formed;(3) The place where its principal business will be transacted, which shall be its domicile;(4) Th…
Ark. Code Ann. § 2-2-109 Amendments to articles
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(a) The articles of association may be altered or amended at any regular or special meeting of the stockholders or members called for that purpose. (b) Amendments to the articles of association, when so adopted, shall be certified by the president and secretary of the association…
Ark. Code Ann. § 2-2-110 Bylaws — Amendment of articles or bylaws
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(a) (1) Each association incorporated under this subchapter must adopt for its government and management a code of bylaws not inconsistent with the articles of association or the powers granted in this subchapter.(2) A majority vote of the incorporators and members or stockholder…
Ark. Code Ann. § 2-2-111 Regular and special meetings
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(a) In its bylaws, each association shall provide for one (1) or more regular meetings annually. (b) (1) The board of directors shall have the right to call a special meeting at any time. Members or stockholders holding ten percent (10%) of the voting power may file a petition wi…
Ark. Code Ann. § 2-2-112 Board of directors
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(a) (1) The affairs of the association shall be managed by a board of not less than five (5) directors.(2) (A) (i) The bylaws may provide that the territory in which the association has members shall be divided into districts and that the directors shall be elected according to t…
Ark. Code Ann. § 2-2-113 Officers
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(a) The board of directors shall elect a president, one (1) or more vice presidents, a secretary, and a treasurer, and they may combine the two (2) latter officers and designate the combined office as secretary-treasurer. (b) (1) The treasurer may be a bank or any depository, and…
Ark. Code Ann. § 2-2-114 Certificates of membership or stock
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(a) When a member of an association established without capital stock has paid his or her membership fee in full, he or she shall receive a certificate of membership. (b) Except for debts lawfully contracted between the member and the association, no member shall be liable for th…
Ark. Code Ann. § 2-2-115 Matters referred to membership
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Upon demand of one-third (⅓) of the entire board of directors, any matter that has been approved or passed by the board must be referred to the entire membership or the stockholders for decision at the next special or regular meeting. A special meeting may be called for that purp…
Ark. Code Ann. § 2-2-116 Marketing contracts — Participation agreements
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(a) (1) Upon resolution adopted by its board of directors, any association may enter into all necessary and proper contracts and agreements and make all necessary and proper stipulations, agreements, contracts, and arrangements with its members, other persons, cooperatives, corpo…
Ark. Code Ann. § 2-2-117 Remedies for breach of bylaws or contracts
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(a) (1) The bylaws or the marketing or participation contract of any association existing under this subchapter may fix specific sums as liquidated damages to be paid by the member or stockholder to the association upon the breach or threatened breach by him or her of any provisi…
Ark. Code Ann. § 2-2-118 Penalties for inducing breach of contract
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Any person or any corporation whose officers or employees knowingly induce or attempt to induce any person to breach his or her marketing or participation contract with an association shall be guilty of a violation and upon conviction shall be subject to a fine of not less than o…
Ark. Code Ann. § 2-2-119 General corporation laws
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The provisions of the general corporation laws of this state, and all powers and rights thereunder, shall apply to the associations organized under this subchapter, except where the provisions are in conflict with or inconsistent with the express provisions of this subchapter.
Ark. Code Ann. § 2-2-120 Interest in similar entities
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An association organized or existing under this subchapter may organize, form, operate, own, control, have an interest in, own stock of, or be a member of any corporation or association, with or without capital stock, engaged in any of the activities authorized under this subchap…
Ark. Code Ann. § 2-2-121 Existing entities may participate
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(a) (1) Any corporation or association organized under previously existing statutes for purposes authorized in this subchapter, which are otherwise eligible under the provisions of this subchapter, may be brought under the provisions of this subchapter by a majority vote of its s…
Ark. Code Ann. § 2-2-122 Arrangements not in restraint of trade
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No association organized or existing under this subchapter shall be deemed to be a combination in restraint of trade or an illegal monopoly or an attempt to lessen competition or fix prices arbitrarily, nor shall the marketing or participation contracts or agreements between the …
Ark. Code Ann. § 2-2-123 Annual license fee — Taxation
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(a) Each association organized or existing under this subchapter shall pay an annual license fee of ten dollars ($10.00) to the Secretary of State. (b) (1) In addition, each association shall be subject to the Arkansas Gross Receipts Act of 1941, as amended, § 26-52-101 et seq., …
Ark. Code Ann. § 2-2-124 Filing fees
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For filing articles of association, an association organized under this subchapter shall pay five dollars ($5.00), and it shall pay two dollars and fifty cents ($2.50) for filing an amendment to the articles.
Ark. Code Ann. § 2-2-201 Membership
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(a) A person, firm, or corporation shall become a member of a cotton cooperative association organized and domesticated under the laws of the State of Arkansas only when the membership contract shall be in duplicate and shall state the time of the duration of each contract signed…
Ark. Code Ann. § 2-2-202 Penalty
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(a) Any person, firm, or corporation violating any provision of § 2-2-201 shall be guilty of a Class A misdemeanor. (b) Each violation of any provision of § 2-2-201 shall be deemed a separate offense.
Ark. Code Ann. § 2-2-301 Applicability
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Except as otherwise provided in this subchapter, the provisions of this subchapter shall apply exclusively to the merger, consolidation, mortgage, sale, and lease of assets of and by an association subject to the provisions of this subchapter.
Ark. Code Ann. § 2-2-302 Provisions supplemental
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(a) The provisions of this subchapter shall be supplemental to, and part of, §§ 2-2-101 — 2-2-124, 2-2-201, and 2-2-202, and legislation amendatory and supplemental to these provisions relating to agricultural cooperative associations. (b) The definitions of terms in § 2-2-102 sh…
Ark. Code Ann. § 2-2-303 Procedure for merger
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(a) Any two (2) or more domestic associations created under § 2-2-101 et seq. may merge into one (1) of these associations under a plan of merger approved in the manner provided in this subchapter. (b) The board of directors of each association shall, by resolution adopted by eac…
Ark. Code Ann. § 2-2-304 Procedure for consolidation
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(a) Any two (2) or more domestic associations created under § 2-2-101 et seq. may consolidate into a new association under a plan of consolidation approved in the manner provided in this subchapter. (b) The board of directors of each association by a resolution adopted by each bo…
Ark. Code Ann. § 2-2-305 Approval by members — Abandonment
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(a) (1) Upon approving the plan of merger or plan of consolidation, the board of directors of each association by resolution shall direct the plan be submitted to a vote at a meeting of members, which may be either an annual or a special meeting.(2) (A) Written or printed notice …
Ark. Code Ann. § 2-2-306 Articles of merger or consolidation
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(1) Upon approval, articles of merger or articles of consolidation shall be executed by each association and filed in accordance with this subchapter, which shall be certified by the president and secretary of each association signing them and shall set forth:(1) The plan of merg…
Ark. Code Ann. § 2-2-307 Effect of merger or consolidation
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(a) The merger or consolidation shall become effective upon the filing in accordance with this subchapter of articles of merger or consolidation or at a time not more than sixty (60) days after the filing, as may be specified in the articles as the time when the merger or consoli…
Ark. Code Ann. § 2-2-308 Merger or consolidation of domestic and foreign associations
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(a) One (1) or more foreign associations and one (1) or more domestic associations may be merged or consolidated in the following manner if the merger or consolidation is permitted by the laws of the state or country under which each foreign association is organized:(1) Each dome…
Ark. Code Ann. § 2-2-309 Continuance of association existence for title transfers
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(a) (1) The existence of each constituent association which has been dissolved through merger or consolidation shall be continued indefinitely without franchise tax liability for the limited purpose of enabling the constituent association to execute through its own officers forma…
Ark. Code Ann. § 2-2-310 No approval for financial obligations — Exception
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(a) The board of directors shall not be required to procure any consent from or authorization by the members, except in the instance of the increase of bonded indebtedness of the association, in authorizing:(1) The procurement of loans, the creation of obligations under which the…
Ark. Code Ann. § 2-2-311 Regular disposition of property
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The sale, lease, or exchange of all or substantially all of the property and assets of an association, when made in the usual and regular course of the business of the association, may be made upon such terms and conditions and for such considerations, which may consist in whole …
Ark. Code Ann. § 2-2-312 Disposition of property other than in regular course of business
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(1) A sale, lease, or exchange of all or substantially all the property and assets, with or without the goodwill of an association, if not made in the usual and regular course of its business, may be made upon the terms and conditions and for consideration, which may consist in w…
Ark. Code Ann. § 2-2-313 Rights of shareholders, members, and patrons
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(a) The merger or consolidation of an association under this subchapter shall constitute an assignment to the surviving or new association of all rights of any shareholder, member, or patron in the capital stock, patronage, or other interests in the association determined as of t…
Ark. Code Ann. § 2-2-401 Title
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This subchapter shall be referred to as the “Cooperative Marketing Act”.
Ark. Code Ann. § 2-2-402 Purpose
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(1) The purpose of this subchapter is to:(1) Promote, foster, and encourage the intelligent and orderly marketing of agricultural products through cooperation and to eliminate speculation and waste;(2) Make the distribution of agricultural products as direct as can be efficiently…
Ark. Code Ann. § 2-2-403 Definitions
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(a) As used in this subchapter:(1) “Agricultural products” means horticultural, viticultural, forestry, dairy, livestock, poultry, bee, and farm and ranch products;(2) “Association” means any corporation organized under this subchapter;(3) “Member” means actual members of associa…
Ark. Code Ann. § 2-2-404 Who may organize
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Five (5) or more persons engaged in the production of agricultural products may form a nonprofit cooperative association, with or without capital stock, under the provisions of this subchapter.
Ark. Code Ann. § 2-2-405 Reasons for organizing
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An association may be organized to engage in any activity in connection with the marketing or selling of the agricultural products of its members or with the harvesting, preserving, drying, processing, canning, packing, ginning, compressing, storing, handling, shipping, or utiliz…
Ark. Code Ann. § 2-2-406 Powers
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(1) Each association incorporated under this subchapter shall have the following powers to:(1) (A) Engage in any activity in connection with the marketing, selling, harvesting, preserving, drying, processing, canning, packing, ginning, compressing, storing, handling, or utilizati…
Ark. Code Ann. § 2-2-407 Members
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(a) Under the terms and conditions prescribed in its bylaws, an association may admit as members, or issue common stock only to, persons engaged in the production of the agricultural products to be handled by or through the association, including the lessees and tenants of land u…
Ark. Code Ann. § 2-2-408 Articles of incorporation
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(a) Each association formed under this subchapter must prepare and file articles of incorporation setting forth:(1) The name of the association;(2) The purposes for which it is formed;(3) The place where its principal business will be transacted;(4) The term for which it is to ex…
Ark. Code Ann. § 2-2-409 Amendments to articles
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(a) The articles of incorporation may be altered or amended at any regular meeting or at any special meeting called for that purpose. (b) Amendments to the articles of incorporation when so adopted shall be certified to by the president and secretary of the association and shall …
Ark. Code Ann. § 2-2-410 Filing fees
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For filing articles of incorporation, an association organized under this subchapter shall pay five dollars ($5.00), and for filing an amendment to the articles, it shall pay two dollars and fifty cents ($2.50).
Ark. Code Ann. § 2-2-411 Bylaws
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(a) Within thirty (30) days after its incorporation, each association incorporated under this subchapter must adopt a code of bylaws, not inconsistent with the powers granted by this subchapter, for its government and management. (b) Each association under its bylaws may also pro…