Title XXVII, Corporations, Associations, and Proprietors of Common Lands

A New Hampshire decentralized autonomous organization may be registered under this chapter for the purpose of carrying on any lawful activity within or outside this state.

Before commencing business, the president, treasurer, and a majority of the directors shall prepare and file a certificate of organization, setting forth: I. The name of the association. II. The purposes for which it is formed. III. The place where its principal business will be …

Each association shall have the following powers in addition to those granted under RSA 293-A:3.02: I. To continue as a corporation for the time specified in its certificate. II. To have a corporate seal and to alter the same at pleasure. III. To sue and to be sued in its corpora…

Each association formed under this chapter shall prepare and submit to its annual meeting an annual report containing the name of the association, its principal place of business; a general statement of its business operations during the fiscal year, showing the amount of capital…

If any such association shall neglect or refuse to render to the commissioner of agriculture, markets, and food any report required by him under the provisions of RSA 301:39, the charter of such association shall be liable to forfeiture, and it shall be the duty of the commission…

The commissioner of agriculture, markets, and food may forbear or discontinue such proceedings at any time, upon being satisfied that the delinquency was not willful and upon the rendering by the association of such reports as he may deem necessary.

No person, firm, corporation or association, hereafter organized or hereafter undertaking to do business in this state, as a farmers' marketing association for the sale of farm products, shall be entitled to use the word "cooperative" as part of its corporate or other business na…

I. A cooperative name shall not contain language stating or implying that the association is organized for a purpose other than that permitted by RSA 301:3 and its certificate of organization. II. Except as authorized by paragraphs III and IV, a cooperative name, based upon the r…

Any corporation or association organized under generally similar laws of another state shall be allowed to carry on any proper activities, operations and functions in this state upon compliance with the general regulations applicable to foreign corporations desiring to do busines…

Any corporation or association, organized under previously existing statutes, may, by a majority vote of its directors be brought under the provisions of this chapter by limiting its membership and adopting the other restrictions as provided herein. It shall make out in duplicate…

When any association shall be hereafter incorporated hereunder, all contracts heretofore made, by or on behalf of the same, in anticipation of such incorporation; whether such contracts be made by or in the name of some corporation organized elsewhere or otherwise, shall have the…

Any person or any corporation whose officers or employees knowingly induce or attempt to induce any member or stockholder of an association organized hereunder, or organized under similar statutes of other states, with similar restrictions and rights and operating in this state u…

Any person, firm or corporation conducting a warehouse within this state who solicits or persuades or knowingly permits any member of any association organized hereunder to breach his marketing contract with the association by accepting or receiving such member's products for sal…

No association organized hereunder and complying with the terms hereof shall be deemed to be a conspiracy or a combination in restraint of trade or an illegal monopoly or an attempt to lessen competition or to fix prices arbitrarily; and the marketing contracts and agreements bet…

An association may amend its certificate of organization by the affirmative vote of 2/3 of the members voting thereon at any regular meeting, or at a special meeting called for that purpose, or if the association permits its members to vote on the basis of patronage, by the affir…

I. "Administrator" means a person, irrespective of title, that is appointed in a manner specified in the bylaws to make discretionary decisions, either individually or collectively, with other administrators, on behalf of the New Hampshire DAO with regard to specific, predefined …

Before a cooperative association may begin its activities, the president, treasurer, and a majority of the directors shall prepare, subscribe to, and file with the secretary of state a certificate of organization containing: I. A statement as to the purpose or purposes for which …

Each association organized hereunder shall pay an annual fee of $25 only, in lieu of all franchise, license, or corporation taxes, or taxes or charges upon reserves held by it for members.

The appropriate provisions of this title and all powers and rights thereunder shall apply to the associations organized hereunder, except where such provisions are in conflict with or inconsistent with the express provisions hereof. But provisions which are in conflict herewith s…

Any officer or director who shall subscribe or make oath to any certificate provided for in RSA 301:4 and 5, which shall contain any false statement, known by such person to be false; or who shall do any act relative to the issue of capital stock which is not permitted by RSA 301…

An association incorporated under the provisions of this section shall have the following powers: I. To generate, manufacture, purchase, acquire, accumulate, and transmit electric energy, and to distribute, sell, supply and dispose of electric energy to its members, to government…

Cooperative associations organized under RSA 301:53 shall have all of the powers and privileges of cooperatives organized under any other provisions of this chapter.

Cooperative associations organized under RSA 301:53 shall be subject to the provisions of RSA 301:7 and RSA 301:12 to 18 inclusive, provided, however, that if any such association shall file annually with the public utilities commission, a certified copy of the annual report requ…

Any person not receiving central station service who shall apply for membership in a cooperative association organized under this subdivision and shall offer to comply with all reasonable terms and conditions in connection therewith shall be entitled to be admitted to membership …

I. A rural electric cooperative which has had a certificate of regulation on file with the public utilities commission for a period of not less than 5 consecutive years, or which has not at any previous time had a certificate of deregulation on file with the public utilities comm…

I. The filing of a certificate of deregulation with the public utilities commission by a rural electric cooperative shall cause the commission to terminate the involvement of the cooperative in any proceeding to the extent that such involvement is no longer under the jurisdiction…

The public utilities commission shall retain jurisdiction over rural electric cooperatives, regardless of whether or not a certificate of regulation or deregulation is on file, for purpose of implementing and enforcing provisions of the Public Utilities Regulatory Policy Act of 1…

The laws of the state of New Hampshire govern: I. The internal affairs of a New Hampshire DAO; and II. The liability of a participant as a participant and of an administrator as administrator for the debts, obligations, or other liabilities of a New Hampshire DAO.

The secretary of state shall sign and affix the seal of the state to the certificate of organization. The certificate of organization shall then be returned to the association.

For filing a certificate of organization, an association shall pay $25 to the secretary of state; and for filing an amendment thereto, $25.

Notwithstanding any other provision of law, any rural electric cooperative, without regard to whether a certificate of regulation or deregulation is on file with the public utilities commission, may voluntarily consent to jurisdiction by the commission for the purpose of particip…

A rural electric cooperative which has filed a certificate of deregulation with the public utilities commission shall provide its members with open access to the cooperative's membership meetings, board meetings, and business records to the same extent that citizens of New Hampsh…

A rural electric cooperative which has filed a certificate of deregulation with the public utilities commission shall not, without prior authorization of the commission, after consent to jurisdiction pursuant to RSA 301:60, notice, and hearing, charge, through its stranded cost r…

The commission shall not order changes in the total rates or impose stranded cost, system benefits, or other restructuring charges under RSA 374-F if the result would be to cause changes in the total rates charged to, or the accounting for revenue received from customers taking s…

I. A New Hampshire DAO shall exist as a separate legal entity distinct from its developers, participants, administrators, and legal representatives and shall at no time be deemed a partnership under RSA 304-A:6. II. Except to the extent otherwise provided in the bylaws of the New…

The existence of every association formed under this chapter shall begin once the certificate of organization is filed with the secretary of state, and payment of the fee is made as provided under RSA 301-A:9.

Under the terms and conditions prescribed in its bylaws, an association may admit as members, or issue common stock to, only cooperative marketing associations or persons engaged in the production of the agricultural products to be handled by or through the association, including…

An association organized hereunder may become a member or stockholder of any other association or associations so organized.

I. A New Hampshire DAO may sue and be sued, and service of process upon its New Hampshire registered agent or other authorized legal representative shall be sufficient. In furtherance of the foregoing, a New Hampshire DAO may be sued for debts and other obligations or liabilities…

I. Amendments to the certificate of organization may be proposed by a 2/3 vote of the board of directors or by petition of 10 percent of the association's members. Notice of the meeting to consider the proposed amendment shall be sent by the secretary at least 30 days prior to su…

An association shall pay a fee of $25 to the secretary of state for filing a certificate of organization, and a fee of $25 for filing an amendment to its certificate.

I. Each New Hampshire DAO shall have and maintain in the state of New Hampshire: (a) A registered office; and (b) A registered agent, which agent may be: (1) An individual who resides in this state and who's residential or business office is identical with the registered office; …

If a member of a nonstock association be other than a natural person, such member may be represented by any individual, associate, officer, manager or member thereof, duly authorized in writing.

The term association as used in this chapter shall include any association, lodge, order, fraternal society, beneficial association, or fraternal and beneficial society or association, historical, military, or veterans' organization, labor union, foundation, federation, or any ot…

Any association may register, in the office of the secretary of state, a facsimile or description of its insignia and may, by reregistration, alter or cancel the same.

Application for such registration or reregistration shall be made by the chief officer or officers of said association upon blanks to be provided by the secretary of state and such registration shall be for the use, benefit, and on behalf of all degrees, branches, subordinate lod…