No cooperative may sell, lease or dispose of all or substantially all of its property (other than property which, in the judgment of the board, is neither necessary nor useful in operating and maintaining the cooperative's system and which in any one year shall not exceed fifty percent in value of the value of all the property of the cooperative, or merchandise), unless authorized to do so by the votes of at least a two-thirds majority of its members; however, a cooperative (i) may mortgage, finance (including, without limitation, pursuant to a sale and leaseback or lease and leaseback transaction), or otherwise encumber its assets by a vote of at least two-thirds of its board of directors; (ii) may sell or transfer its assets to another cooperative upon the vote of a majority of its members at any regular or special meeting if the notice of such meeting contains a copy of the terms of the proposed sale or transfer; (iii) may sell or transfer distribution system facilities to a city or town at any time following the annexation of additional territory pursuant to § 56-265.4:2 by a vote of at least two-thirds of its board of directors; or (iv) may sell, lease or dispose of its property to an affiliate pursuant to a plan approved by the Commission in accordance with subsection B of § 56-590 by a vote of at least two-thirds of the members of the Board.
1999, c. 874; 2000, cc. 944, 999.
Structure Code of Virginia
Title 56 - Public Service Companies
Chapter 9.1 - Utility Consumer Services Cooperatives and Utility Aggregation Cooperatives
§ 56-231.16. Organization; purpose
§ 56-231.17. Articles of incorporation
§ 56-231.19. Filing articles of incorporation; effect thereof; other provisions of law applicable
§ 56-231.21. Dissolution and termination of cooperatives
§ 56-231.22. Charter amendments
§ 56-231.23. General powers granted
§ 56-231.24. Power to dispose of property
§ 56-231.25. Power to issue obligations
§ 56-231.26. Covenants in connection with obligations
§ 56-231.27. Power to purchase its own obligations
§ 56-231.28. Board of directors of cooperatives
§ 56-231.29. Powers of board of directors
§ 56-231.30. Rights and liabilities of members
§ 56-231.31. Payment of certain patronage capital to spouse or next of kin of deceased person
§ 56-231.31:1. Donation of certain patronage capital to the cooperative
§ 56-231.32. Service to members
§ 56-231.33. Adequate service; rates
§ 56-231.34. Regulation by Commission
§ 56-231.34:1. Separation of regulated and unregulated businesses
§ 56-231.34:2. Right of action; violation of rules or regulations
§ 56-231.35. Charter fees, etc.
§ 56-231.36. Construction of article; conflicting laws
§ 56-231.37. How article cited
§ 56-231.39. Organization and purpose
§ 56-231.41. Articles of incorporation
§ 56-231.44. Board of directors
§ 56-231.47. Adoption of article
§ 56-231.48. Applicability of other laws
§ 56-231.49. Restructuring costs
§ 56-231.50. Regulation by State Corporation Commission
§ 56-231.50:1. Separation of regulated and unregulated businesses
§ 56-231.50:2. Right of action; violation of rules or regulations