Adoption of Bylaws; Authorized Provisions

  1. Law
  2. Georgia Code
  3. Agriculture
  4. Marketing Facilities, Organizations, and Programs
  5. Cooperative Marketing Associations
  6. Adoption of Bylaws; Authorized Provisions

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  1. Each association incorporated under this article, within 30 days after its incorporation, shall adopt for its government and management a code of bylaws not inconsistent with the powers granted by this article. A majority vote of a quorum of the members or stockholders attending a meeting shall be sufficient to adopt or amend the bylaws when notice of the proposed bylaw or bylaws is given prior to the meeting.
  2. Under its bylaws each association may provide for any or all of the following matters:
    1. The time, place, and manner of calling and conducting its meetings;
    2. The number of stockholders or members constituting a quorum;
    3. The right of members or stockholders to vote by proxy, by mail, or by both and the conditions, manner, form, and effects of such votes;
    4. The number of directors constituting a quorum;
    5. The qualifications, compensation, duties, and term of office of directors and officers; the time of their election; and the mode and manner of giving notice thereof;
    6. Penalties for violations of bylaws;
    7. The amount of entrance, organization, and membership fees, if any; the manner and method of collecting the same; and the purposes for which they may be used;
    8. The amount which each member or stockholder shall be required to pay annually or from time to time, if at all, to carry on the business of the association; the charge, if any, to be paid by each member or stockholder for services rendered by the association to him or her and the time of payment and manner of collection thereof; and the marketing contract between the association and its members or stockholders, which every member or stockholder may be required to sign;
    9. The number and qualification of members or stockholders of the association and the conditions precedent to membership or ownership of common stock;
    10. The method, time, and manner of permitting members to withdraw or the holders of common stock to transfer their stock and the manner of assignment and transfer of the interests of members and of the shares of common stock;
    11. The conditions upon which and time when the membership of any member shall cease; the automatic suspension of the rights of a member when he or she ceases to be eligible for membership in the association; and the mode, manner, and effect of the expulsion of a member; and
    12. The manner of determining the value of a member's property interest in the association and provision for its purchase by the association upon the death or withdrawal of a member or stockholder or upon the expulsion of a member or forfeiture of his or her membership, provided that, at the option of the association, such value may be determined by conclusive appraisal by the board of directors.

(Ga. L. 1921, p. 139, § 8; Code 1933, § 65-207; Ga. L. 1937, p. 473, § 3; Ga. L. 1995, p. 413, § 1.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 18 Am. Jur. 2d, Cooperative Associations, §§ 2, 15 et seq.

C.J.S.

- 3 C.J.S., Agriculture, § 172.

ALR.

- Cooperative associations: validity and enforceability of bylaw amendment reducing benefits available to members, 61 A.L.R.3d 976.


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