Title 13, Title 13

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 …

When any employee cooperative revokes its election in accordance with section 1975, the articles of amendment must provide for conversion of membership shares and internal capital accounts or their conversions to securities or other property in a manner consistent with Title 13-C…

An employee cooperative that has not revoked its election under this subchapter may not consolidate or merge with another corporation other than an employee cooperative. Two or more employee cooperatives may consolidate or merge in accordance with Title 13-C, chapter 11.

This chapter shall be known as the "Fish Marketing Act".

This chapter is enacted in order to promote, foster and encourage the intelligent and orderly marketing of fish and fishery products through cooperation; to eliminate speculation and waste; to make the distribution of fish and fishery products between producer and consumer as dir…

As used in this chapter: 1. Association. "Association" means any corporation organized under this chapter. 2. Fishery products. "Fishery products" includes fish, crustaceans, mollusks and marine products for human consumption. 3. Member. "Member" includes members of associations …

Associations shall be deemed "nonprofit," inasmuch as they are not organized to make profit for themselves, as such, or for their members, as such, but only for their members as producers of fishery products.

The provisions of the general laws relating to business corporations and all powers and rights thereunder, apply to associations, except where such provisions are in conflict with or inconsistent with the express provisions of this chapter.

Associations organized under this chapter shall be subject to Title 32, chapter 13. The fee charged for registration or renewal shall be $10.

An association shall be deemed not to be a conspiracy nor a combination in restraint of trade nor an illegal monopoly; nor an attempt to lessen competition or to fix prices arbitrarily or to create a combination or pool in violation of any law of this State; and the marketing con…

Any provisions of law which are in conflict with this chapter shall not be construed as applying to associations. Any exemptions under any laws applying to fishery products in the possession or under the control of the individual producer shall apply similarly and completely to s…

Any 2 or more associations may be merged into one such constituent association or consolidated into a new association. Such merger or consolidation shall be made in the manner prescribed for domestic business corporations.

Five or more persons, a majority of whom are residents of this State, engaged in the fishery business, may form an association, with or without shares of stock, under this chapter.

Articles of incorporation shall be signed, acknowledged and filed in the manner prescribed for domestic business corporations.

The articles of incorporation shall state: 1. Name. The name of the association; 2. Purposes. The purposes for which it is formed; 3. Location. The municipality and county where the principal office for the transaction of business of the corporation is to be located; 4. Directors…

If the association is organized with shares of stock, the articles shall state the number of shares which may be issued and if the shares are to have a par value, the par value of each share, and the aggregate par value of all shares; and if the shares are to be without par value…

If the shares are to be classified, the articles shall contain a description of the classes of shares and a statement of the number of shares of each kind or class and the nature and extent of the preferences, rights, privileges and restrictions granted to or imposed upon the hol…

If the association is organized without shares of stock, the articles shall state whether the voting power and the property rights and interest of each member are equal or unequal; and if unequal the general rule or rules applicable to all members by which the voting power and th…

The articles of incorporation of any association may be altered or amended in the manner and for the purposes prescribed for domestic corporations.

Each association shall, within 30 days after its incorporation, adopt for its government and management a code of bylaws, not inconsistent with this chapter. A majority vote of the members or shares of stock issued and outstanding and entitled to vote, or the written assent of a …

The bylaws shall prohibit the transfer of the common stock or membership certificates of the associations to persons not engaged in the fishery business.

The bylaws may provide: 1. Quorum. The number of members constituting a quorum; 2. Voting. The right of members to vote by proxy or by mail or both, and the conditions, manner, form and effects of such votes; the right of members to cumulate their votes and the prohibition, if de…

The bylaws may provide: 1. Fees. The amount of entrance, organization and membership fees, if any; the manner and method of collection of the same; and the purposes for which they may be used; 2. Members' payments. The amount that each member is required to pay annually, or from …

The bylaws may provide: 1. Membership. The number and qualification of members of the association and the conditions precedent to membership or ownership of common stock; 2. Withdrawal. The method, time and manner of permitting members to withdraw or the holders of common stock t…

The bylaws may provide for the time, place and manner of calling and conducting meetings of the association.

The bylaws may provide that the territory in which the association has members shall be divided into districts and that directors shall be elected from the several districts. In such case, the bylaws shall specify the number of directors to be elected by each district, the manner…