499.30A Reversion of disbursements.
1. As used in this section, “disbursement” means an amount of any dividend, patronage dividend, distribution including earnings distribution, or any other increment or sum realized or accruing from a membership or stock, subscription, or other equity interest in a cooperative association.
2. Once a person’s membership or stock, subscription, or other member’s equity in a cooperative association is deemed abandoned under section 556.5, the cooperative association may retain any disbursement held by the cooperative association for or owing to the person. The cooperative association may also deliver the disbursement to the treasurer of state for disposition as abandoned property pursuant to sections 556.5 and 556.11.
3. If the cooperative association elects to retain the disbursement under this section, the disbursement shall be deposited into a reversion fund established by the cooperative association.
4. A disbursement having an aggregate value of fifty dollars or more that is retained by the cooperative association shall be forfeited to the cooperative association only if the cooperative association publishes at least one notice of the abandoned property in a publication regularly distributed to its membership or in a newspaper having a general circulation in the county where the cooperative association is located. The notice shall include all of the following:
a. The name and address of the cooperative association.
b. The name of the person who has an interest in the disbursement according to the records of the cooperative association.
c. A brief description of the type of disbursement retained by the cooperative association.
d. A statement that the disbursement will be forfeited to the cooperative association unless the person files a claim for the disbursement within the period provided for in this section.
5. a. Subject to this subsection, a person asserting an interest in the disbursement may file a claim for it with the cooperative association in a manner and according to procedures required by the cooperative association. If a person is entitled to an abandoned membership, stock, subscription, or other interest as provided in section 556.20 or 556.21, the cooperative association shall also pay the person the disbursement deposited in the reversion fund that is realized or accrued from the membership or stock, subscription, or other interest.
b. If a person has not filed a claim for the disbursement within six months after the first date that the notice of abandoned property is first published as provided in this section, the disbursement shall be forfeited to the cooperative association.
6. The disbursements deposited into the reversion fund that are forfeited to the cooperative association shall be used as provided in this subsection. The cooperative association may authorize the payment of forfeited disbursements to persons claiming interests in forfeited disbursements as provided in the cooperative association’s articles of incorporation or bylaws. Otherwise, forfeited disbursements shall be used as the directors deem suitable for any of the following purposes:
a. Teaching and promoting cooperation. The directors may deposit the amounts of disbursements into the education fund as provided in section 499.30.
b. Economic development including private or joint public and private investments involving the creation of economic opportunities for its members or the retention of existing sources of income that would otherwise be lost.
2001 Acts, ch 142, §3; 2004 Acts, ch 1028, §1
Referred to in §490.628, 556.5
Structure Iowa Code
Chapter 499 - COOPERATIVE ASSOCIATIONS
Section 499.3 - Dealing with nonmembers.
Section 499.4 - Use of term “cooperative” restricted.
Section 499.5 - Permissible organizers.
Section 499.5A - Water utilities — members of federated associations.
Section 499.8 - Contracts authorized.
Section 499.9 - Penalties — performance — injunction — arbitration.
Section 499.10 - Cooperative agreements.
Section 499.11 - Legality declared.
Section 499.12 - Exemption of private property.
Section 499.13 - Membership — eligibility.
Section 499.14 - Membership in nonstock associations.
Section 499.14A - Electric cooperative association memberships.
Section 499.15 - Certificates of membership or stock.
Section 499.16 - Subscriptions — stock or membership.
Section 499.17 - Transfer of stock or membership.
Section 499.18 - Expulsion of members.
Section 499.19 - Cancellation of membership or stock.
Section 499.20 - Withdrawal of members.
Section 499.21 - Obligations not affected.
Section 499.22 - Capital stock.
Section 499.23 - Dividends on common stock.
Section 499.24 - Preferred stock.
Section 499.25 - Issuing preferred stock in purchases.
Section 499.26 - Service charges.
Section 499.27A - Remote participation in meetings of members.
Section 499.28 - Number of votes.
Section 499.29 - Manner of voting.
Section 499.30 - Distribution of earnings.
Section 499.30A - Reversion of disbursements.
Section 499.31 - Control of allocation by members.
Section 499.32 - Patronage dividends of subscribers.
Section 499.33 - Use of revolving fund.
Section 499.34 - Patronage dividend certificates.
Section 499.35 - Time of payment.
Section 499.36A - Standards of conduct for directors.
Section 499.37A - Standards of conduct for officers.
Section 499.38 - Removal of officers and directors.
Section 499.41A - Greater voting or quorum requirements.
Section 499.43 - Existing corporations — option.
Section 499.43A - Existing cooperatives organized under chapter 497 or 498 — conversion option.
Section 499.43B - Existing cooperatives organized under chapter 490 or 491 — option.
Section 499.44 - Execution and filing of documents.
Section 499.44A - Secretary of state — extra services — surcharge.
Section 499.47B - Sale or other disposition of assets other than in regular course of business.
Section 499.47C - Sale or other disposition of assets in exchange for common stock.
Section 499.47D - Consideration of acquisition proposals — community interests.
Section 499.48 - Distribution in liquidation.
Section 499.49 - Biennial report.
Section 499.50 - Notice of delinquent reports.
Section 499.53 - Quo warranto.
Section 499.54 - Foreign associations.
Section 499.55 - Individual exemptions applicable.
Section 499.56 - Conflicting laws.
Section 499.57 - State powers.
Section 499.59 - Personal liability.
Section 499.59A - Indemnification.
Section 499.60 - Chapters inapplicable.
Section 499.63 - Consolidation.
Section 499.64 - Vote of members.
Section 499.65 - Objection of members — purchase of shares upon demand.
Section 499.66 - Value determined.
Section 499.67 - Articles of merger or consolidation.
Section 499.68 - When effective — effect.
Section 499.69 - Foreign and domestic mergers or consolidations.
Section 499.69A - Qualified mergers.
Section 499.70 - Abandonment before filing.
Section 499.71 - Other laws applicable.
Section 499.72 - Registered office and registered agent.
Section 499.73 - Change of registered office or registered agent.
Section 499.73A - Change of principal office.
Section 499.74 - Resignation of registered agent.
Section 499.75 - Service on association.
Section 499.76 - Grounds for administrative dissolution.
Section 499.77 - Procedure for and effect of administrative dissolution.
Section 499.78 - Reinstatement following administrative dissolution.
Section 499.78A - Appeal from denial of reinstatement.
Section 499.79 - Statement to estate of members and stockholders.