PocketLaw | Georgia Code | Powers of Associations Generally

Powers of Associations Generally

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Each association incorporated under this article shall have the following powers:

To engage in any activity in connection with:
1. The marketing, selling, harvesting, preserving, drying, processing, canning, packing, storing, handling, shipping, ginning, or utilizing of any agricultural products produced or delivered to it by its members or the manufacturing or marketing of the by-products thereof;
2. The manufacturing, selling, and supplying to and the purchasing, hiring, or using by its members of supplies, machinery, or equipment;
3. The terracing of lands or the prevention of soil erosion; and
4. The financing of any of the activities enumerated in subparagraphs (A) through (C) of this paragraph;
To handle and deal in the agricultural products of nonmembers in an amount equal in value to, but not greater in value than, that handled by it for members;
To borrow money and to make advances to members;
To act as the agent or representative of any member or nonmembers in any of the activities mentioned in paragraphs (1) through (3) of this Code section;
To purchase or otherwise acquire, to hold, own, and exercise all rights of ownership in, and to sell, transfer, or pledge shares of the capital stock or bonds of any corporation or association engaged in any related activity, in the handling or marketing of any of the products handled by the association or in the financing of the association;
To establish reserves and to invest the funds thereof in bonds or such other property as may be provided in the bylaws;
To buy, hold, and exercise all privileges of ownership over such real or personal property as may be necessary or convenient for the conduct and operation of any of the business of the association or as may be incidental thereto;
To apply for, establish, register, secure, own, and develop patents, trademarks, and copyrights;
To do everything necessary, suitable, or proper for the accomplishment of any of the purposes or the attainment of any of the objects enumerated in this Code section or conducive to or expedient for the interest or benefit of the association and to contract accordingly; and
To exercise and possess all powers, rights, and privileges necessary or incidental to the purposes for which the association is organized or to the activities in which it is engaged, along with any other rights, powers, and privileges granted by the laws of this state to ordinary corporations, except such as are inconsistent with express provisions of this article.

(Ga. L. 1921, p. 139, §§ 3, 4; Ga. L. 1929, p. 222, § 1; Code 1933, §§ 65-213, 65-214; Ga. L. 1937, p. 473, §§ 4, 5.)

OPINIONS OF THE ATTORNEY GENERAL

Hardwood sawmillers who join a cooperative association for the purpose of marketing their products would not have to raise or grow the timber used in the production of their agricultural products, namely, hardwood cants and rough green lumber. 1989 Op. Att'y Gen. No. 89-18.

Association's purchase and sale of beer illegal.

- Purchase of beer from wholesalers and the retail selling of it by an association is not legal since there is no authorization for the sale of such beverages. 1971 Op. Att'y Gen. No. U71-68.

RESEARCH REFERENCES

Am. Jur. 2d.

- 18 Am. Jur. 2d, Cooperative Associations, §§ 1, 2, 4, 30 et seq.

C.J.S.

- 3 C.J.S., Agriculture, §§ 138, 141 et seq., 151, 153. 19 C.J.S., Corporations, §§ 156 et seq., 169 et seq.

ALR.

- Cooperative marketing of farm products by producers' association, 25 A.L.R. 1113; 33 A.L.R. 247; 47 A.L.R. 936; 77 A.L.R. 405; 98 A.L.R. 1406; 12 A.L.R.2d 130.

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