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COMPILED CODE - Iowa Legislature - State of Iowa

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354<br />

i<br />

§§ 5408-all-5408-al4. COOPERATIVE ASSOCIATIONS. Tit. XVII, Ch. 3-A.<br />

SEC. 5408-all. Power to compel sales and purchases—liquidated<br />

damages.<br />

1 The association may require members to sell all or a stipulated<br />

2 part <strong>of</strong> their specifically enumerated products exclusively through the<br />

3 association or to buy specifically enumerated supplies exclusively<br />

4 through the association, but in such case, a reasonable period during<br />

5 each year shall be specified during which any member, by giving notice<br />

6 in prescribed form, may be released from such obligation thereafter.<br />

7 Where it is desired to enter into the exclusive arrangement provided<br />

8 in this section, the association shall execute a contract with each such<br />

9 member setting forth what goods or wares are to be handled and upon<br />

10 what terms. In order to protect itself in the necessary outlay, which<br />

11 it may make for the maintenance <strong>of</strong> its services, the association may<br />

12 stipulate that some regular charge shall be paid by the member for<br />

13 each unit <strong>of</strong> goods covered by such contract whether actually handled<br />

14 by the association or not, and in order to reimburse the association for<br />

15 any loss or damage which it or its members may sustain through the<br />

16 member's failure to deliver his products to or to procure his supplies<br />

17 from the association.<br />

18 In case it is difficult or impracticable to determine the actual<br />

19 amount <strong>of</strong> damage suffered by the association or its members through<br />

20 such failure to comply with the terms <strong>of</strong> such a contract, the associa-<br />

21 tion and the member may agree upon a sum to be paid as liquidated<br />

22 • damages for the breach <strong>of</strong> his contract, said amount to be stated in<br />

23 the contract.<br />

[39 G. A., ch. 122, § 11.]<br />

SEC. 5408-alS. Power to borrow and to execute notes, bonds and<br />

mortgages.<br />

1 Every association may borrow money necessary for the conduct <strong>of</strong><br />

2 its business, and may issue notes, bonds, or debentures therefor, and<br />

3 may give security in the form <strong>of</strong> mortgage or otherwise for the repay-<br />

4 ment there<strong>of</strong>.<br />

[39 G. A., ch. 122, § 12.]<br />

SEC. 5408-al3. Personal liability.<br />

1 Members <strong>of</strong> such association may limit their personal liability to<br />

2 the amount <strong>of</strong> their membership fee as provided in their articles <strong>of</strong> in-<br />

3 corporation.<br />

[39 G. A., ch. 122, § 13.]<br />

SEC. 5408-al4. Cost <strong>of</strong> service—dues, etc.—reserve fund.<br />

1 Associations formed under this chapter shall perform services for<br />

2 their members on a basis <strong>of</strong> the lowest practicable cost, and may pro-<br />

3 vide for meeting the cost there<strong>of</strong> through dues, assessments, or service<br />

4 charges, which shall be prescribed in the by-laws. Such charges shall<br />

5 be set high enough to provide a margin <strong>of</strong> safety above current operat-<br />

6 ing costs and fixed charges upon borrowed capital.<br />

7 Out <strong>of</strong> any surplus remaining in any given year, the directors shall<br />

8 each year set aside not less than ten per cent <strong>of</strong> such savings for the<br />

9 accumulation <strong>of</strong> a reserve fund until such reserve shall equal at least<br />

10 forty per cent <strong>of</strong> thé invested capital <strong>of</strong> the association, not less than

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