Disposition or encumbrance of assets.

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(1) Subject to subsection (2) of this section, a disposition or encumbrance of assets under section 7-58-1502 must be approved by:

  1. At least a majority of the voting power of members present at a members meetingcalled under section 7-58-1503 (1)(b); and

  2. If the limited cooperative association has investor members, at least a majority of thevotes cast by patron members, unless the articles or bylaws require a greater percentage vote by patron members.

(2) The articles or bylaws may require that the percentage of votes required under paragraph (a) of subsection (1) of this section is:

  1. A different percentage that is not less than a majority of members voting at the meeting;

  2. Measured against the voting power of all members; or

  3. A combination of paragraphs (a) and (b) of this subsection (2).

(3) Subject to any contractual obligations, after a disposition or encumbrance of assets is approved and at any time before the consummation of the disposition or encumbrance, a limited cooperative association may approve an amendment to the contract for the disposition or encumbrance or the resolution authorizing the disposition or encumbrance or approve abandonment of the disposition or encumbrance:

  1. As provided in the contract or the resolution; and

  2. Except as limited or prohibited by the resolution, with the same affirmative vote ofthe board of directors and of the members as was required to approve the disposition or encumbrance.

(4) The voting requirements for districts, classes, or voting groups under section 7-58404 apply to approval of a disposition of assets under this part 15.

Source: L. 2011: Entire article added, (SB 11-191), ch. 197, p. 812, § 1, effective April 2, 2012.


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