Chapter 421 — Chapter 421

§421-1 Definitions. As used in this chapter, unless the context or subject matter requires otherwise: "Agricultural products" includes floricultural, horticultural, viticultural, forestry, nut, coffee, dairy, livestock, poultry, bee, farm or plantation products, and fish and aqua…

§421-10 Members. (a) An association may admit as members only bona fide producers of agricultural products, including tenants and landlords receiving a share of the crop, and cooperative associations of the producers. The incorporators named in the articles are thereby made membe…

§421-11 Membership or stock certificates, transfers, dividends, preferred stock. (a) No certificate for membership or stock shall be issued until fully paid for, but bylaws may provide that a member may vote and hold office prior to payment in full for the member's membership or …

§421-12 General and special meetings; how called. Within thirty days after the incorporation of an association the members thereof shall hold an organization meeting at a time and place fixed by the temporary board of directors. Not less than ten days' written notice thereof shal…

§421-13 Directors. (a) The business of the association shall be managed by a board of not less than three directors; at least two-thirds of the directors shall be members of the association or officers, directors, or members of a member association. A director shall hold office f…

§421-14 Removal of director. Any member may ask for the removal of a director by filing charges with the secretary or president of the association, together with a petition signed by five per cent of the members requesting the removal of the director in question. The removal shal…

§421-15 Officers. The board shall elect a president, a secretary, and a treasurer, and may elect one or more vice presidents, and such other officers as may be authorized in the bylaws. The president and at least one of the vice presidents must be members and directors, but a vic…

§421-16 Removal of officer. Any member may bring charges of misconduct or incompetency against an officer by filing them with the secretary or president of the association, together with a petition signed by ten per cent of the members requesting the removal of the officer in que…

§421-17 Referendum. The articles or bylaws may provide that upon demand of two-fifths of all the directors, any matter of policy that has been approved or passed by the board must be referred to the members for their approval before it becomes effective. No referendum shall be al…

§421-18 Contracts between association and members. (a) Period, withdrawal. The bylaws may require members to execute contracts with the association in which the members agree to patronize the facilities created by the association, and to sell all or a specified part of their prod…

§421-19 Misdemeanor to induce breach of marketing contract to cooperative association; spreading false reports about the management or finances thereof. Any person or any corporation whose officers or employees knowingly induce or attempt to induce any member or stockholder of an…

§421-2 Purposes. An association may be organized for the purpose of engaging in any cooperative activity for producers of agricultural products in connection with:

§421-20 Associations are not in restraint of trade. (a) No association complying with the terms hereof shall be deemed to be a conspiracy or a combination in restraint of trade, or an illegal monopoly; or be deemed to have been formed for the purpose of lessening competition or f…

§421-21 Voluntary dissolution. Chapter 414, relating to the voluntary dissolution of profit corporations, and chapter 414D, relating to the voluntary dissolution of nonprofit corporations, shall apply, as the case may be, to associations formed under this chapter except that the …

§421-21.5 REPEALED. L 1993, c 105, §2.

§421-22 Annual report. (a) An association formed under this chapter shall file with the director of commerce and consumer affairs an annual report. The annual report shall contain: (b) The annual report shall be filed within the time periods prescribed in subsections (c) and (d).…

§421-23 Taxation. To obtain the exemptions from taxation granted by this section or any other law, the association annually shall file with the director of taxation a copy of its report made under section 421-22, and in addition thereto, within ninety days after the close of its …

§421-24 Application to existing association. Except where otherwise expressly stated herein, this chapter shall be applicable to any existing association formed under any law of the State providing for the incorporation of agricultural cooperative associations, for a purpose for …

§421-25 General corporation laws, when applicable. Except where otherwise provided, the general corporation laws shall apply to cooperative associations organized under this chapter. [L 1949, c 234, pt of §1; am L 1953, c 137, §1(e); RL 1955, §176-27; HRS §421-25; am L 1983, c 16…

§421-26 REPEALED. L 2008, c 16, §16.

§421-27 REPEALED. L 2004, c 121, §58.

§421-3 Qualifications of incorporators. Three or more adult persons, engaged in agriculture as bona fide producers of agricultural products, or two or more associations of such producers, may form an association under this chapter. [L 1949, c 234, pt of §1; RL 1955, §176-3; HRS §…

§421-4 Articles of incorporation. (a) Articles of incorporation shall be certified and executed by each of the incorporators, if natural persons, and by the president and secretary of the association and shall contain the following: (b) The articles may also contain any other pro…

§421-5 Name. Section 414D-61 shall apply to associations formed under this chapter and no domestic corporation not organized under this chapter shall use the word "cooperative" as a part of its name. [L 1949, c 234, pt of §1; am L 1953, c 137, §1(c); RL 1955, §176-6; HRS §421-5; …

§421-6 Filing and recording articles of incorporation, etc. (a) The articles of incorporation and any articles of amendment thereof shall be filed in the office of the director of commerce and consumer affairs and shall at all times during business hours be open to the inspection…

§421-7 Amendments of articles of incorporation. (a) An association may amend its articles of incorporation by the affirmative vote of two-thirds of the members voting thereon at any regular meeting, or at a special meeting called for the purpose, or if the association permits its…

§421-8 Bylaws. The members of the association, within thirty days after its incorporation, shall adopt bylaws not inconsistent with law or the articles, and they may alter and amend the same from time to time. The bylaws must be adopted by a majority of the members voting thereon…

§421-9 Powers. (a) An association formed under this chapter, or an association which might be formed under this chapter and which existed at the time this chapter took effect, shall have the capacity to act possessed by natural persons, but the association shall have the authorit…