Section 33. Merger  


Latest version.
  • Any  one  or  more  cooperatives  (each  of  which  is
      hereinafter designated a "merging cooperative") may merge  into  another
      cooperative  (hereinafter  designated  the  "surviving cooperative"), by
      complying with the following requirements:
        (a) The proposition for the merger of the  merging  cooperatives  into
      the surviving cooperative and proposed articles of merger to give effect
      thereto  shall  be submitted to a meeting of the members of each merging
      cooperative and of the surviving cooperative, the notice of which  shall
      have attached thereto a copy of the proposed articles of merger;
        (b)  If  the proposed merger and the proposed articles of merger, with
      any amendments, are approved by the affirmative vote of  not  less  than
      two-thirds  of  those members of each cooperative voting thereon at each
      such meeting, articles of merger in the form approved shall be  executed
      and  acknowledged on behalf of each such cooperative by its president or
      vice-president and its seal shall be affixed thereto and attested by its
      secretary. The articles of merger shall recite that  they  are  executed
      pursuant  to  this chapter and shall state: (1) the name of each merging
      cooperative and the address of its principal office; (2) the name of the
      surviving cooperative and the address of its  principal  office;  (3)  a
      statement  that  each  merging cooperative and the surviving cooperative
      agree to the merger; (4) the names and addresses of the directors of the
      surviving cooperative; and (5) the terms and conditions  of  the  merger
      and  the  mode of carrying the same into effect, including the manner in
      which members of the merging cooperatives may or shall become members of
      the  surviving  cooperative;  and  may  contain   any   provisions   not
      inconsistent  with  this  chapter  deemed necessary or advisable for the
      conduct of the business of the surviving cooperative.  The president  or
      vice-president  of  each  cooperative  executing such articles of merger
      shall make and annex thereto an affidavit stating that the provisions of
      this section in respect of such articles were duly complied with by such
      cooperative.