22-2622A CONSOLIDATION AND MERGER AGREEMENTS -- VOTING REQUIREMENTS.
AGRICULTURE AND HORTICULTURE
CHAPTER 26
COOPERATIVE MARKETING ASSOCIATIONS
22-2622A. Consolidation and merger agreements -- Voting requirements. A consolidation or merger of associations organized hereunder shall be effective if the agreement therefor is approved by a two-thirds (2/3) vote of those present and voting at a regularly called meeting of members, providing notice of the substance of the proposed agreement is in the notice of meeting, and provided further, a quorum is present as provided by the bylaws of each organization voting upon such consolidation or merger. The members of the associations may vote by mail if permitted by the bylaws of said voters’ associations, but not by proxy, and the votes by mail shall also be considered in determining the quorum. The failure of any member to vote or a negative vote on consolidation or merger as provided herein shall not entitle those failing to vote or voting in the negative to payment for his shares or other interests or have the value of his shares or other interests appraised, but said members [member’s] shares or other interests shall be transferred to and invested in the surviving or new corporation without further act or deed.