If a member desires to withdraw from the association or dispose of any or all of his holdings therein, the directors shall have the power to purchase such holdings by paying him out of surplus funds the par value of any or all of the holdings offered. The directors shall then reissue or cancel the same. A vote of the majority of the members voting at a regular or special meeting may order the directors to exercise this power to purchase.
If the association fails, within 60 days of the original offer, to purchase all or any part of the holdings offered, the member may dispose of the unpurchased interest elsewhere, subject to the approval of the transferee by a majority vote of the directors. Any would-be transferee not approved by the directors may appeal to the members at their first regular or special meeting thereafter, and the action of the meeting shall be final. If such transferee is not approved, the directors are under a duty to exercise their power to purchase, if and when there are sufficient surplus funds.
History: Laws 1939, ch. 164, § 26; 1941 Comp., § 54-1426; 1953 Comp., § 51-15-26.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 18 Am. Jur. 2d Cooperative Associations § 25; 18A Am. Jur. 2d Corporations §§ 689 to 691, 699.
43 C.J.S. Industrial Cooperative Societies § 19.
Structure New Mexico Statutes
Article 4 - Cooperative Associations
Section 53-4-1.1 - Short title.
Section 53-4-2 - Who may incorporate.
Section 53-4-5 - Articles of incorporation; contents.
Section 53-4-6 - Articles of incorporation; filing; recordation; fees.
Section 53-4-6.1 - Registered office and registered agent.
Section 53-4-6.2 - Change of registered office or registered agent.
Section 53-4-6.3 - Service of process on association.
Section 53-4-6.4 - Recompiled.
Section 53-4-7 - Articles of incorporation; amendments; fee.
Section 53-4-8 - Adoption, amendment, or repeal of by-laws [bylaws].
Section 53-4-9 - Contents of by-laws [bylaws].
Section 53-4-9.1 - Indemnification of officers and directors.
Section 53-4-10 - Regular and special meetings.
Section 53-4-11 - Notice of meeting.
Section 53-4-12 - Meetings by units of the membership.
Section 53-4-13 - One member - one vote.
Section 53-4-15 - Voting by mail.
Section 53-4-16 - Application of voting provisions herein to voting by mail.
Section 53-4-17 - Application of voting provisions herein to voting by delegates.
Section 53-4-18.1 - Duties of directors.
Section 53-4-18.2 - Liability of directors.
Section 53-4-20 - Removal of directors and officers.
Section 53-4-21.1 - Disposition of property.
Section 53-4-22 - Limitations on interest-dividends.
Section 53-4-23 - Eligibility and admission to membership.
Section 53-4-24 - Subscribers.
Section 53-4-25 - Share and membership certificates; issuance and contents.
Section 53-4-26 - Transfer of shares and membership; withdrawal.
Section 53-4-27 - Share and membership certificates; recall.
Section 53-4-28 - Share and membership certificates; attachment.
Section 53-4-29 - Liability of members.
Section 53-4-31 - Allocation and distribution of net savings.
Section 53-4-33 - Books; auditing.
Section 53-4-34 - Annual report.
Section 53-4-35 - Notice of delinquent reports; forfeitures; reinstatement.
Section 53-4-36 - Voluntary dissolution.
Section 53-4-37 - Use of name "cooperative"; penalty.
Section 53-4-38 - Promotion expenses; limitations; penalty.
Section 53-4-39 - Spreading false reports; penalty.
Section 53-4-40 - Existing cooperative corporations.
Section 53-4-41 - Foreign corporations.
Section 53-4-42 - Legality declared; not in restraint of trade.
Section 53-4-43 - Laws not applicable.