Current through Acts 2023-2024, ch. 272
Section 185.38 - Disposition of assets; right to secure debts(1) Except as authorized by the members, the board may not dispose of all or substantially all of a cooperative's assets. At any meeting the members may authorize the disposition of all or substantially all of a cooperative's assets if: (a) Notice that such disposition will be considered at such meeting has been given to all persons entitled to vote thereon; and(b) Such disposition has been approved by two-thirds of those entitled to vote thereon voting at the meeting. (1m)(a) Except as authorized by the members, the board may not dispose of a cooperative's assets under any of the following circumstances: 1. Other than in the ordinary course of business.2. In a manner that jeopardizes the purpose for which the cooperative was created or its financial vitality.(b) At any meeting the members may authorize the disposition of a cooperative's assets under circumstances described in par. (a) if all of the following apply: 1. Notice that the disposition will be considered at the meeting has been given to all persons entitled to vote on the matter.2. The disposition has been approved by two-thirds of those entitled to vote on the matter who vote at the meeting.(2) Unless the bylaws provide otherwise, the board may secure payment of a cooperative's debts by mortgaging the cooperative's rights, privileges, authority and franchises, revenues and other property.Amended by Acts 2017 ch, 76,s 8, eff. 11/29/2017.Amended by Acts 2017 ch, 76,s 7, eff. 11/29/2017.