Sec 10-2073. Merger, interest exchange, conversion, domestication or division; definitions  


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  • A. A domestic electric cooperative nonprofit membership corporation may be a party to or otherwise undertake a merger, an interest exchange, a conversion, a domestication or a division by complying with chapter 34 of this title and title 29, chapter 6. A plan must be approved by two-thirds of the members.

    B. If a domestic electric cooperative nonprofit membership corporation is to be created in a merger, a conversion, a domestication or a division, both of the following apply:

    1. The initial members of the corporation must consist of five or more natural persons or two or more cooperatives in accordance with section 10-2053.

    2. The name of the corporation must comply with section 10-2054.

    C. For the purposes of this section:

    1. "Conversion" means a transaction authorized by title 29, chapter 6, article 4.

    2. "Division" means a transaction authorized by title 29, chapter 6, article 6.

    3. "Domestication" means a transaction authorized by title 29, chapter 6, article 5.

    4. "Interest exchange" means a transaction authorized by title 29, chapter 6, article 3.

    5. "Merger" means a transaction authorized by title 29, chapter 6, article 2.

    6. "Plan" means a plan of merger, interest exchange, conversion, domestication or division.