A cooperative may not sell, convey, lease, exchange, transfer or otherwise dispose of all or any substantial portion of its property unless such sale, conveyance, lease, exchange, transfer or other disposition is authorized at a duly held meeting of the members thereof by the affirmative vote of not less than two-thirds of all of the members of the cooperative, and unless the notice of such proposed sale, lease or other disposition shall have been contained in the notice of the meeting; provided, however, that notwithstanding anything herein contained, or any other provisions of law, the board of trustees of a cooperative, without authorization by the members thereof, shall have full power and authority to authorize the execution and delivery of a mortgage or mortgages or a deed or deeds of trust upon, or the pledging, assignment for security purposes or encumbering of, any or all of the property, assets, rights, privileges, licenses, franchises and permits of the cooperative, whether acquired or to be acquired, and wherever situated, as well as the revenues and income therefrom, all upon such terms and conditions as the board of trustees shall determine, to secure any indebtedness of the cooperative.
History: Laws 1939, ch. 47, § 21; 1941 Comp., § 48-421; 1953 Comp., § 45-4-21; Laws 1971, ch. 8, § 2.
Severability. — Laws 1971, ch. 8, § 3, provided for the severability of the act if any part or application thereof is held invalid.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 43 C.J.S. Industrial Cooperative Societies § 8.
Structure New Mexico Statutes
Chapter 62 - Electric, Gas and Water Utilities
Article 15 - Rural Electric Cooperatives
Section 62-15-1 - Short title.
Section 62-15-2 - Purpose; definition.
Section 62-15-3.1 - Subsidiary business activities.
Section 62-15-5 - Incorporators.
Section 62-15-6 - Articles of incorporation.
Section 62-15-9 - Board of trustees; suits.
Section 62-15-9.1 - Duties of trustees.
Section 62-15-9.2 - Limitation on liability and indemnification of officers and trustees.
Section 62-15-10 - Voting districts.
Section 62-15-12 - Amendment of articles of incorporation.
Section 62-15-13 - Consolidation.
Section 62-15-15 - Effect of consolidation or merger.
Section 62-15-16 - Conversion of existing corporations.
Section 62-15-17 - Initiative by members.
Section 62-15-18 - Dissolution.
Section 62-15-19 - Filing of articles.
Section 62-15-20 - Refunds to members.
Section 62-15-21 - Disposition of property.
Section 62-15-22 - Nonliability of members for debts of cooperative.
Section 62-15-23 - Recordation of mortgages.
Section 62-15-24 - Waiver of notice.
Section 62-15-25 - Trustees, officers or members; notaries.
Section 62-15-26 - Foreign corporations.
Section 62-15-26.1 - Distribution cooperative utilities organized in other states; application.
Section 62-15-30 - Securities Act exemption.
Section 62-15-31 - "Rural area," "person" and "member" defined.
Section 62-15-32 - Construction of act; inconsistency.
Section 62-15-34 - Renewable portfolio standard.
Section 62-15-35 - Renewable energy certificates; commission duties.
Section 62-15-36 - Renewable energy and conservation fee.
Section 62-15-37 - Definitions; energy efficiency; renewable energy.