2021 Tennessee Code
Chapter 16 - Cooperative Marketing Associations
§ 43-16-133. Marketing Contracts With Association

The association and its members may make and execute marketing contracts, requiring the members to sell, for any period of time, not over ten (10) years, all or any specified part of their agricultural products or specified commodities exclusively to or through the association, or any facilities to be created by the association. If they contract a sale to the association, it shall be conclusively held that title to the products passes absolutely and unreservedly, except for recorded and statutory liens, to the association upon delivery. The contract may provide, among other things, that the association may sell or resell the products delivered by its members, with or without taking title thereto, and pay over to its members the resale price, after deducting all necessary selling, overhead, and other costs and expenses, including interest or dividends on stock, not exceeding eight percent (8%) per annum, and reserves for retiring the stock, if any; and other proper reserves; and/or any other deductions.

Structure 2021 Tennessee Code

2021 Tennessee Code

Title 43 - Agriculture and Horticulture

Chapter 16 - Cooperative Marketing Associations

§ 43-16-101. Short Title

§ 43-16-102. Purpose of Chapter

§ 43-16-104. Nonprofit Cooperative Association — Persons Entitled to Form

§ 43-16-105. Activities in Which Authorized to Engage

§ 43-16-106. Preliminary Inquiry as to Probable Success

§ 43-16-107. Recognition That Farmers Need Special Instruction Data in Marketing Their Products

§ 43-16-108. Powers of Incorporated Association

§ 43-16-110. Articles of Incorporation — Preparing and Filing — Contents

§ 43-16-111. Capital Stock — Articles Specifying Division Into Preferred and Common Stock

§ 43-16-112. Articles to Be Signed, Acknowledged, and Filed — Prima Facie Evidence of Incorporation

§ 43-16-114. Code of Bylaws — Provisions

§ 43-16-115. Regular and Special Meetings — Notice — Provisions as to Notice

§ 43-16-117. Remuneration of Officers, Directors, and Committeemen

§ 43-16-118. Directors Not to Be Interested in Contracts for Profit — Directors Occupying Positions in Association

§ 43-16-119. Executive Committee and Its Functions

§ 43-16-120. Vacancies in Board of Directors — Filling

§ 43-16-121. Officers Elected by Directors — Treasurer

§ 43-16-122. Bonds — of Whom Required

§ 43-16-123. Certificate of Membership

§ 43-16-124. Stock — Issuance Upon Payment — Voting Right Unaffected Where Held as Security

§ 43-16-125. Liability of Members for Debts

§ 43-16-126. Member or Stockholder Entitled to Only One Vote

§ 43-16-127. Preferred Stock — Redemption or Retirement

§ 43-16-129. Purchase of Its Common Stock by Association

§ 43-16-130. Removal of Officers or Directors

§ 43-16-131. Procedure for Removal of Directors Elected in a District

§ 43-16-132. Referendum of Policy Matters Upon Demand to Entire Membership

§ 43-16-133. Marketing Contracts With Association

§ 43-16-135. Purchase of Property With Preferred Stock

§ 43-16-137. Conflicting Laws Do Not Apply

§ 43-16-138. Exemptions of Agricultural Products Apply, Though in Possession of Association

§ 43-16-139. Association May Be Interested in Other Like Associations

§ 43-16-140. Warehousing Corporations Issuing Warehouse Receipts to Association or Its Members — Discrimination Prohibited

§ 43-16-142. Associations of Other States Upon Compliance With Laws as to Foreign Corporations Doing Business in This State

§ 43-16-143. Marketing Contracts Do Not Constitute Conspiracy, Combination, Illegal Monopoly, or Unlawful Restraint of Trade

§ 43-16-144. General Corporation Laws Applicable — Exception

§ 43-16-145. Annual Fee in Lieu of Other Taxes — Exception

§ 43-16-147. Combinations of Existing Corporations Into Associations — Amendment of Charters

§ 43-16-148. Corporations Organized as Subsidiaries of Agricultural Cooperative Associations Exempt From Privilege Taxes