2009 Nebraska Code
Chapter 21 CORPORATIONS AND OTHER COMPANIES
21-1301 Cooperative corporation; formation; general purposes and powers; exceptions; action by cooperative corporation; vote required.

21-1301. Cooperative corporation; formation; general purposes and powers; exceptions; action by cooperative corporation; vote required.

Any number of persons, not less than ten, or one or more cooperative companies, may form and organize a cooperative corporation for the transaction of any lawful business by the adoption of articles of incorporation in the same manner and with like powers and duties as is required of other corporations except as provided in sections 21-1301 to 21-1306. Nothing in sections 21-1301 and 21-1303 shall be deemed to apply to electrical cooperatives or electric member associations. If the Business Corporation Act requires an affirmative vote of a specified percentage of stockholders before action can be taken by a corporation, such percentage for a cooperative corporation shall be of the votes cast on the matter at the stockholders' meeting at which the same shall be voted upon.

Source

Laws 1911, c. 32, § 2, p. 196;
R.S.1913, § 734;
Laws 1919, c. 197, § 3, p. 879;
Laws 1921, c. 28, § 1, p. 161;
C.S.1922, § 642;
Laws 1925, c. 79, § 1, p. 243;
C.S.1929, § 24-1301;
R.S.1943, § 21-1301;
Laws 1963, c. 102, § 1, p. 422;
Laws 1975, LB 156, § 1;
Laws 1995, LB 109, § 203.

Cross References

Business Corporation Act, see section 21-2001.
Transactions exempt from Securities Act of Nebraska, see section 8-1111.

Annotations Organization of cooperative association as a corporation is authorized. Schmeckpeper v. Panhandle Coop. Assn., 180 Neb. 352, 143 N.W.2d 113 (1966).
Farmers' cooperative company organized under this article is not necessarily exempt from federal income tax. Farmers Union Co-op. Co. of Guide Rock v. Commissioner of Internal Revenue, 90 F.2d 488 (8th Cir. 1937).