Section 92. Internal capital accounts; recall or redemption of shares; interest; collective reserve account  


Latest version.
  • 1.  Any  worker  cooperative  may
      establish  through  its certificate of incorporation or by-laws a system
      of internal capital accounts, to reflect the book value and to determine
      the redemption price of membership shares,  capital  stock  and  written
      notices  of  allocation.  As  used  in  this article, "written notice of
      allocation" means a written instrument which discloses to a  member  the
      stated dollar amount of such member's patronage allocation and the terms
      for payment of that amount by the worker cooperative.
        2. The certificate of incorporation or by-laws of a worker cooperative
      may  permit the periodic redemption of written notices of allocation and
      capital stock, and  must  provide  for  recall  and  redemption  of  the
      membership  share  upon termination of membership in the cooperative. No
      redemption shall  be  made  if  such  redemption  would  result  in  the
      liability  of  any  director  or officer of the worker cooperative under
      section seven hundred nineteen and section seven hundred twenty  of  the
      business corporation law.
        3. The  certificate  of  incorporation  or by-laws may provide for the
      worker cooperative to pay or credit interest  on  the  balance  in  each
      member's internal capital account.
        4. The   certificate   of   incorporation  or  by-laws  may  authorize
      assignment of a portion of net retained proceeds and  net  losses  to  a
      collective  reserve  account.  Net  retained  proceeds  assigned  to the
      collective reserve account  may  be  used  for  any  and  all  corporate
      purposes as determined by the board of directors.