Sec. 15. (a) Each association organized under or governed by this chapter shall, not more than thirty (30) days after the association's incorporation or after the association's acceptance of the requirements of this chapter, adopt a code of bylaws.
(b) The power to adopt, make, alter, amend, or repeal the bylaws is vested in the board of directors, unless specifically provided in the articles of incorporation.
(c) The bylaws may contain any provisions for the regulation and management of the business and affairs of the association that are not inconsistent with the articles of incorporation and the laws of this state, including provisions concerning the following:
(1) The time and place of holding and the manner of calling and conducting meetings of members and directors.
(2) The number of members that constitute a quorum at a meeting of the members.
(3) The number of directors that constitute a quorum at a meeting of the directors.
(4) The right of members to vote by proxy, by mail, or by delegates elected by members in their respective districts, or by any one (1) or more such methods.
(5) The number of directors, their qualifications, the date, time, place, and manner of their election, and the length of their terms of office.
(6) The powers, duties, tenure, and qualifications of officers of the association and the date, time, place, and manner of electing the officers.
(7) The creation and appointment of executive and other committees, and the number of members of the committees and their powers.
(8) The:
(A) amount of entrance, organization, and membership fees, if any;
(B) manner and method of collection of the fees; and
(C) purposes for which the fees may be used.
(9) The:
(A) amount, if any, that each member is required to pay annually or from time to time to carry on the business of the association;
(B) charge, if any, to be paid by each member for services rendered by the association to the member; and
(C) time of payment and manner of collection of the amounts.
(10) The requirements made or imposed on members to enter into contracts with the association for the marketing of the members' products or for the purchasing of the members' supplies, machinery, or equipment, or both.
(11) The following:
(A) Qualifications for membership in the association and the conditions precedent to membership.
(B) The method, time, and manner in which a member can withdraw from membership.
(C) The conditions upon which and the time when the membership of any member ceases.
(D) The automatic suspension of the voting rights of a member when the member ceases to be eligible for membership in the association.
(E) The method, manner, and effect of the expulsion of a member.
(F) The manner of determining the value of a member's interest or shares:
(i) when the member is expelled; or
(ii) upon the member's death or withdrawal from membership.
(G) The manner in which the interest or shares of a member can be transferred or assigned.
(H) The time and manner in which a member's interest or shares may be redeemed by the association.
(12) Penalties for violation of the bylaws.
[Pre-2008 Recodification Citation: 15-7-1-9.]
As added by P.L.2-2008, SEC.3.
Structure Indiana Code
Title 15. Agriculture and Animals
Article 12. Agricultural Assistance Organizations and Programs
Chapter 1. Agricultural Cooperatives
15-12-1-1. Purpose; Legislative Declaration
15-12-1-2. Application of Definitions in Ic 23-1
15-12-1-3. "Agricultural Products"
15-12-1-7. Associations Governed as Nonprofit Corporations
15-12-1-8. Eligibility to Form an Association
15-12-1-9. Authorized Activities
15-12-1-10. Association; Powers
15-12-1-11. Association; Membership; Issuance of Stock
15-12-1-12. Articles of Incorporation
15-12-1-13. Presentation of Articles of Incorporation
15-12-1-15. Bylaws; Adoption and Amendment; Scope
15-12-1-16. Association; Meetings; Special Meetings
15-12-1-17. Board of Directors; Management of Association
15-12-1-18. Board of Directors; Election; Terms
15-12-1-19. Board of Directors; Districts; Primary Elections
15-12-1-20. Board of Directors; Appointment
15-12-1-21. Board of Directors; Payment; Restrictions
15-12-1-22. Executive Committee; Powers
15-12-1-23. Board of Directors; Vacancies
15-12-1-24. Board of Directors; Eligibility
15-12-1-25. Board of Directors; Financial Report; Records
15-12-1-26. Extension of Credit
15-12-1-27. Election of Officers
15-12-1-28. Membership Certificates
15-12-1-29. Voting Stock; Votes; Transfer
15-12-1-30. Distribution of Dividends
15-12-1-31. Redemption of Stock
15-12-1-32. Issuance of Various Classes of Stock
15-12-1-33. Officers and Director; Charges; Removal
15-12-1-34. Marketing Contracts
15-12-1-35. Remedies for Breach of Contract
15-12-1-36. Purchase of Property or Stock in Another Entity
15-12-1-37. Biennial Report; Contents; Form; Delivery
15-12-1-38. Disclosure of Financial Condition; Offense
15-12-1-39. Application of Other Laws
15-12-1-40. Limitation on the Use of the Term "Cooperative"
15-12-1-41. Membership of Association in Other Corporations or Associations
15-12-1-42. Joint Activities With Other Associations
15-12-1-43. Vote by Existing Cooperatives for Governance Under Chapter
15-12-1-44. Breach of Marketing Contract; Penalty; Injunction
15-12-1-45. Warehouse or Elevator Operator; Breach of Marketing Contract; Penalty; Injunction
15-12-1-46. Exemption From Conspiracy and Monopoly Laws; Legality of Marketing Contracts
15-12-1-47. Application of Corporation Laws; Exceptions
15-12-1-48. Secretary of State; Fees
15-12-1-49. Foreign Cooperative Associations; Application for Admission
15-12-1-50. Foreign Cooperative Associations; Certificate of Admission
15-12-1-51. Admitted Foreign Cooperative Associations; Rights and Restrictions
15-12-1-52. Governance of Certificates of Stock and Membership