Title 13, Title 13

1. Violation. A person may not: A. Knowingly induce a member or stockholder of an association to violate the member's or stockholder's marketing contract with the association; [PL 2003, c. 452, Pt. G, §1 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] B. Knowingly attempt to induce a m…

Domestic associations and foreign associations admitted to do business in this State shall pay an annual license fee of $10, which shall be in lieu of all other corporation and franchise taxes.

This subchapter shall not impair or affect any act done, offense committed or right accruing, accrued or acquired, or liability, penalty, forfeiture or punishment incurred prior to July 21, 1945, but the same may be enjoyed, asserted, enforced, prosecuted or inflicted as fully an…

An association is deemed "nonprofit," as the association is not organized to make a profit for that association or for its members, but only for its members as producers of agricultural products.

The provisions of the laws related to business corporations and all powers and rights under those laws apply to associations, except when those provisions are in conflict with or inconsistent with the express provisions of this chapter.

Five or more adult persons, engaged in agriculture as bona fide producers of agricultural products, or 2 or more associations of such producers, may form an association with or without capital stock.

Such association may be organized for the purpose of engaging in any cooperative activity for producers of agricultural products in connection with: 1. Producing, selling, etc. Producing, assembling, marketing, buying or selling agricultural products, or harvesting, preserving, d…

The articles of incorporation must set forth: [PL 2009, c. 56, §10 (AMD).] 1. Name. The name of the association which may or may not include the word "cooperative"; 2. Purposes. Its purposes; 3. Duration. Its duration; 4. Location of office. The mailing address and physical addre…

Before commencing business, the incorporators of every corporation organized under this subchapter shall prepare, sign, date and deliver for filing with the Secretary of State articles of incorporation, in a format approved by the Secretary of State, setting forth the information…

1. Procedure. An association may amend its articles of incorporation by the affirmative vote of 2/3 of the members voting on the proposed amendment at any regular meeting or at a special meeting called for the purpose or, if the association permits its members to vote on the basi…

The members of the association may 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, or if the association permits its members to vote on the bas…

An association may provide in its bylaws for one or more regular meetings each year, which may be held within or without the State at the time and place designated in the bylaws. Special meetings of the members may be called by the board of directors, and it shall be their duty t…

1. Capacity to act. An association formed under this subchapter, or an association which might be formed under this subchapter and which existed at the time this Act took effect, shall have the capacity to act possessed by natural persons, but such association shall have authorit…

1. Not in restraint of trade. 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 fixing prices arbitrarily, …

1. Membership; term. The business of the association is managed by a board of not less than 3 directors. The directors must be members of the association or officers, general managers, directors or members of a member association, except that the members of the association may el…

A 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 5% of the members requesting the removal of the director. The removal must be voted upon at the next meeting of the members, and …

The board shall elect one or more officers as authorized in the bylaws. The bylaws of each cooperative must provide for one or more officers, including the qualifications for and the titles of those officers.

A 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 10% of the members requesting the removal of the officer. The directors shall vote upon the removal of …

The articles or bylaws may provide that upon demand of 2/5 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 allowed unless it is demanded…

1. Producers of agricultural products. 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 such producers. The incorporators named in the articles are…

1. Certificate for membership or stock. A certificate for membership or stock may not 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 stock. 2. Dividends. Dividends in excess of …

Two or more associations organized with or without capital stock and existing under this subchapter may consolidate into a single association, which may be either one or any one of the associations, or a new association under this subchapter to be formed by means of the consolida…

1. Dissolution. A. The members of an association may at any regular meeting, or any special meeting called for the purpose, upon 30 days' notice of the time, place and object of the meeting having been given as prescribed in the bylaws, by 2/3 of the voting power voting thereon, …

Because agricultural products are produced by numerous individual farmers and independent agricultural contractors, the marketing and bargaining position of individual farmers and independent agricultural contractors will be adversely affected unless they are free to join togethe…

Article 6 shall be known and may be cited as the "Maine Agricultural Marketing and Bargaining Act of 1973."

As used in this Article, unless the context otherwise requires, the following words shall have the following meanings. [PL 1973, c. 621, §1 (NEW).] 1. Association of producers. "Association of producers" means any association of producers of agricultural products organized and ex…

1. Board. The Maine Agricultural Bargaining Board, established by Title 5, section 12004‑B, subsection 7, and located in the Department of Agriculture, Conservation and Forestry, shall administer this article. 2. Membership. The Maine Agricultural Bargaining Board established by …

1. Qualification. Only those associations of producers that have been qualified in accordance with this section shall be entitled to the benefits provided by this Article. 2. Petition. An association of producers desiring qualification shall file with the board a petition for qua…

1. Definition. As used in this article, "bargaining" is the mutual obligation of a handler and a qualified association to meet at reasonable times and negotiate in good faith with respect to the price, terms of sale, compensation for commodities produced or sold, or both, under c…

1. Voluntary mediation. At any time prior to the commencement of required mediation under subsection 2, a handler and a qualified association may mutually agree to obtain or may unilaterally obtain the services of a mediator. Regardless whether mediation is sought mutually or uni…

1. Complaint. The board shall have power to complain to the Superior Court for the enforcement of its orders made under sections 1958 and 1965 and for appropriate temporary relief or restraining order, and shall file in the court the original or certified copy of the entire recor…

In any proceeding before the board under this article, the board may issue subpoenas for the attendance of witnesses, or for the production of documents and may examine witnesses under oath provided that: [PL 1987, c. 155, §22 (AMD).] 1. Upon written application of a party to a p…

The activities of qualified associations and handlers in bargaining with respect to the price, terms of sale, compensation for commodities produced under contract or other contract terms relative to agricultural commodities produced by the members of such qualified associations a…

1. Producers of agricultural commodities are free to join together voluntarily in associations as authorized by law without interference by handlers. A handler may not engage nor permit an employee or agent to engage in any of the following practices, defined as unfair practices:…

This subchapter shall be known and may be cited as the "Employee Cooperative Corporations Act."

As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1983, c. 136 (NEW).] 1. Employee cooperative. "Employee cooperative" means a corporation which has duly elected to be governed by this subchapter. 2. Member. "…

Except as otherwise provided in this subchapter, employee cooperative corporations are governed by Title 13‑C, the Maine Business Corporation Act.

Employee cooperatives are subject to Title 32, chapter 13. The fee charged for registration or renewal shall be $10.

1. Election. Any corporation organized under former Title 13-A or Title 13-C may elect to be governed as an employee cooperative under this subchapter, by so stating in its articles of incorporation or articles of amendment filed in accordance with Title 13-C. 2. Revocation. An e…

No person, firm, corporation or association, domestic or foreign, hereafter commencing business in this State may use the word "cooperative" or "co-op" as a part of its corporate name, unless it has complied with this subchapter or some other statute of this State relating to coo…

The articles of incorporation or the bylaws shall establish qualifications and the methods of acceptance and termination of members. No person may be accepted as a member unless employed by the employee cooperative on a full-time or part-time basis.

1. Issuance of shares. An employee cooperative shall issue a class of voting stock designated as membership shares. 2. Payment. Each member of an employee cooperative corporation must be issued a membership share upon payment of a membership fee, the amount of which must be deter…

The bylaws of an employee cooperative may only be amended by members, except as provided in Title 13-C, section 207.

1. Apportionment. The net earnings or losses of an employee cooperative shall be apportioned and distributed at such times and in such manner as the articles of organization or bylaws shall specify. Net earnings declared as patronage allocations with respect to a period of time, …

1. Internal accounts. Any employee cooperative may establish in its articles of incorporation or bylaws a system of internal capital accounts to reflect the book value and to determine the redemption price of membership shares, capital stock and written notices of allocation. 2. …

1. Types of accounts permitted. An internal capital account cooperative is an employee cooperative whose entire net book value is reflected in internal capital accounts, one for each member, and a collective reserve account, and in which no persons other than members own capital …