21-2982. Member's dissociation; power of estate of member.
460 words·~2 min read·
/ne/chapter-21/21-2982A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)A member does not have a right to withdraw as a member of a limited cooperative association but has the power to withdraw.
(2)Unless otherwise provided by the articles of organization or bylaws, a member is dissociated from a limited cooperative association upon the occurrence of any of the following events:
(a)The limited cooperative association's having notice in a record of the person's express will to withdraw as a member or to withdraw on a later date specified by the person;
(b)An event provided in the articles of organization or bylaws as causing the person's dissociation as a member;
(c)The person's expulsion as a member pursuant to the articles of organization or bylaws;
(d)The person's expulsion as a member by the board of directors if:
(i)It is unlawful to carry on the limited cooperative association's activities with the person as a member;
(ii)Subject to section 21-2947 , there has been a transfer of all of the person's financial rights in the limited cooperative association;
(iii)The person is a corporation or association whether or not organized under the Nebraska Limited Cooperative Association Act; and:
(A)The limited cooperative association notifies the person that it will be expelled as a member because it has filed a statement of intent to dissolve or articles of dissolution, it has been administratively or judicially dissolved, its charter has been revoked, or its right to conduct business has been suspended by the jurisdiction of its organization; and
(B)Within ninety days after the person receives the notification described in subdivision (2)(d)(iii)(A) of this section, there is no revocation of the certificate of dissolution or no reinstatement of its charter or its right to conduct business; or
(iv)The person is a limited liability company, association, whether or not organized under the act, or partnership that has been dissolved and whose business is being wound up;
(e)In the case of a person who is an individual, the person's death;
(f)In the case of a person that is a trust, distribution of the trust's entire financial rights in the limited cooperative association, but not merely by the substitution of a successor trustee;
(g)In the case of a person that is an estate, distribution of the estate's entire financial interest in the limited cooperative association, but not merely by the substitution of a successor personal representative;
(h)Termination of a member that is not an individual, partnership, limited liability company, limited cooperative association, whether or not organized under the act, corporation, trust, or estate; or
(i)The limited cooperative association's participation in a merger or consolidation, if, under the plan of merger or consolidation as approved under section 21-29,122 , the person ceases to be a member.