21-1401. Terms, defined; act, how cited.

288 words·~1 min read·/ne/chapter-21/21-1401

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)For purposes of the Nonstock Cooperative Marketing Act, unless the context otherwise requires:

(a)The term association means any corporation formed hereunder;

(b)the term member means a person who owns a certificate of membership in an association formed without capital stock;

(c)the term person means an individual, a partnership, a limited liability company, a corporation, an association, or two or more persons having a joint or common interest;

(d)the term agricultural products or products means field crops, horticultural, viticultural, forestry, nut, dairy, livestock, poultry, bee and farm products, and the byproducts derived from any of them; and

(e)the words used to import the singular may be applied to the plural as the context may demand.

(2)Associations organized hereunder shall be deemed nonprofit, inasmuch as they are not organized to make profits for themselves as such or for their members as such but only for their members as producers.

(3)Sections 21-1401 to 21-1414 shall be known and may be cited as the Nonstock Cooperative Marketing Act.

A nonstock cooperative corporation formed pursuant to this section is not a "non-profit corporation" as that term is used in Neb. Const. art. XII, section 8(1)(B), because it exists and operates for the economic benefit of its members. Pig Pro Nonstock Co-op v. Moore, 253 Neb. 72, 568 N.W.2d 217 (1997).

Statutory definition of "agricultural products" used herein was adopted by court as applicable to hauling by contract carrier. Rodgers v. Nebraska State Railway Commission, 134 Neb. 832, 279 N.W. 800 (1938).

Common membership in nonstock cooperative association did not authorize injunction against prosecution of suits against individual members on note given for membership. Epp v. Federal Trust Company, 123 Neb. 375, 242 N.W. 922 (1932).