PART 3. FISH MARKETING [13200. - 13356.]
Part 3 added by Stats. 1953, Ch. 207.
§§ 13200–13356 · 67 sections
CHAPTER 1. General Provisions and Definitions §§ 13200–13208 · 9 sections
- § 13200 This part shall be known as “the Fish Marketing Act.”
- § 13201 This part is enacted in order to promote, foster, and encourage the intelligent and orderly marketing of fish and fishery products through cooperation; to…
- § 13202 As used in this part: (a) “Fishery products” includes fish, crustaceans, mollusks, and marine products for human consumption. (b) “Member” includes members of…
- § 13203 Associations shall be deemed “nonprofit,” inasmuch as they are not organized to make profit for themselves, as such, or for their members, as such, but only…
- § 13204 The provisions of the General Corporation Law and all powers and rights thereunder, apply to associations, except where such provisions are in conflict with or…
- § 13205 No association is subject in any manner to the terms of the Corporate Securities Law and all associations may issue their membership certificates or stock or…
- § 13206 An association shall be deemed not to be a conspiracy nor a combination in restraint of trade nor an illegal monopoly; nor an attempt to lessen competition or…
- § 13207 Any provisions of law which are in conflict with this part shall not be construed as applying to associations. Any exemptions under any laws applying to…
- § 13208 Any two or more associations may be merged into one such constituent association or consolidated into a new association. Such merger or consolidation shall be…
CHAPTER 2. Formation, Articles, and By-laws §§ 13220–13251 · 19 sections
ARTICLE 1. Formation § 13220 · 1 section
- § 13220 Five or more persons, a majority of whom are residents of this State, engaged in the production of fishery products, may form an association, with or without…
ARTICLE 2. Articles of Incorporation §§ 13225–13230 · 6 sections
- § 13225 Articles of incorporation shall be signed, acknowledged, and filed in the manner prescribed by the General Corporation Law for domestic corporations.
- § 13226 The articles of incorporation shall state: (a) The name of the association. (b) The purposes for which it is formed. (c) The county where the principal office…
- § 13227 If the association is organized with shares of stock, the articles shall state the number of shares which may be issued and if the shares are to have a par…
- § 13228 If the shares are to be classified, the articles shall contain a description of the classes of shares and a statement of the number of shares of each kind or…
- § 13229 If the association is organized without shares of stock, the articles shall state whether the voting power and the property rights and interest of each member…
- § 13230 The articles of incorporation of any association may be altered or amended in the manner and for the purposes prescribed by the General Corporation Law for…
ARTICLE 3. By-laws §§ 13240–13251 · 12 sections
- § 13240 Each association shall within 30 days after its incorporation, adopt for its government and management, a code of by-laws, not inconsistent with this part. A…
- § 13241 The by-laws shall prohibit the transfer of the common stock or membership certificates of the associations to persons not engaged in the production of the…
- § 13242 The by-laws may provide: (a) The number of members constituting a quorum. (b) The right of members to vote by proxy or by mail or both, and the conditions,…
- § 13243 The by-laws may provide: (a) The amount of entrance, organization and membership fees, if any; the manner and method of collection of the same; and the…
- § 13244 The by-laws may provide: (a) The number and qualification of members of the association and the conditions precedent to membership or ownership of common…
- § 13245 The by-laws may provide for the time, place, and manner of calling and conducting meetings of the association.
- § 13246 The by-laws may provide that the territory in which the association has members shall be divided into districts and that directors shall be elected from the…
- § 13247 The by-laws may provide that the territory in which the association has members shall be divided into districts, and that the directors shall be elected by…
- § 13248 The by-laws may provide that primary elections shall be held to nominate directors. Where the by-laws provide that the territory in which the association has…
- § 13249 The by-laws may provide that one or more directors may be nominated by any public official or commission or by the other directors selected by the members.…
- § 13250 The by-laws may provide that directors shall be elected for terms of from one to five years; provided, that at each annual election the same fraction of the…
- § 13251 The by-laws may provide for an executive committee and may allot to such committee all the functions and powers of the board of directors, subject to the…
CHAPTER 3. Officers §§ 13275–13293 · 9 sections
ARTICLE 1. Generally §§ 13275–13279 · 5 sections
- § 13275 The affairs of the association shall be managed by a board of not less than three directors, elected by the members from their own number.
- § 13276 Meetings of the board of directors may be held at any place within or without the State fixed by a quorum thereof unless otherwise provided in the articles of…
- § 13277 When a vacancy on the board of directors occurs other than by expiration of term, the remaining members of the board, by a majority vote, shall fill the…
- § 13278 The directors shall elect from their number a president and one or more vice presidents. They shall also elect a secretary and a treasurer, who need not be…
- § 13279 An association may provide a fair remuneration for the time actually spent by its officers and directors in its service and for the service of the members of…
ARTICLE 2. Removal of Officers §§ 13290–13293 · 4 sections
- § 13290 Any member may bring charges against an officer or director by filing them in writing with the secretary of the association, together with a petition signed by…
- § 13291 Except as provided in Section 13293, the removal shall be voted upon at the next regular or special meeting of the association and, by a vote of a majority of…
- § 13292 The director or officer, against whom such charges have been brought, shall be informed in writing of the charges previous to the meeting and shall have an…
- § 13293 If the by-laws provide for election of directors by districts with primary elections in each district, the petition for removal of a director shall be signed…
CHAPTER 4. Members §§ 13300–13304 · 5 sections
- § 13300 (a) Under the terms and conditions prescribed in the by-laws, an association may admit as members, or issue common stock to, only such persons as are engaged…
- § 13301 When a member of an association established without shares of stock has paid his membership fee in full, he shall receive a certificate of membership.
- § 13302 No member shall be liable for the debts of the association to an amount exceeding the sum remaining unpaid on his membership fee or his subscription to the…
- § 13303 Meetings of members shall be held at the place as provided in the by-laws; and if no provision is made, in the city where the principal place of business is…
- § 13304 In case of the expulsion of a member, and where the by-laws do not provide any procedure or penalty, the board of directors shall equitably and conclusively…
CHAPTER 5. Stock §§ 13310–13316 · 7 sections
- § 13310 No association shall issue a certificate for stock to a member until it has been fully paid for. The promissory notes of the members may be accepted by the…
- § 13311 One class of stock shall always be known as common stock and voting power may be restricted to holders of common stock.
- § 13312 There shall be printed upon each common stock certificate a statement that the transfer thereof to any person not engaged in the production of the products…
- § 13313 Except as to the matters and things stated in the articles of incorporation no distinction shall exist between classes of stock or the holders thereof.
- § 13314 If an association issues nonpar value stock the issuance of such stock shall be governed by the terms of the General Corporation Law covering the issuance of…
- § 13315 An association may, at any time, as specified in the by-laws, except when the debts of the association exceed 50 percent of its assets, buy in or purchase its…
- § 13316 Whenever an association, organized with preferred shares of stock, purchases the stock or any property, or any interest in any property of any person, it may…
CHAPTER 6. Powers §§ 13325–13335 · 11 sections
- § 13325 An association may: Engage in any activity in connection with the marketing, selling, preserving, harvesting, drying, processing, manufacturing, canning,…
- § 13326 An association may borrow without limitation as to amount of corporate indebtedness or liability and may make advances to members.
- § 13327 An association may act as the agent or representative of any member or members in any of the two next preceding sections.
- § 13328 An association may establish reserves and invest the funds thereof in bonds or in such other property as may be provided in the by-laws.
- § 13329 An association may purchase or otherwise acquire, hold, own, and exercise all rights of ownership in, sell, transfer, pledge, or guarantee the payment of…
- § 13330 An association may buy, hold and exercise all privileges or ownership, over such real or personal property as may be necessary or convenient for the conduct…
- § 13331 An association may levy assessments in the manner and in the amount provided in its by-laws.
- § 13332 An association may do each and every thing necessary, suitable or proper for the accomplishment of any one of the purposes or the attainment of any one or more…
- § 13333 An association may use or employ any of its facilities for any purpose; provided, the proceeds arising from such use and employment go to reduce the cost of…
- § 13334 An association may organize, form, operate, own, control, have an interest in, own stock of, or be a member of any other corporation or corporations, with or…
- § 13335 Any association may, upon resolution adopted by its board of directors, enter into all necessary and proper contracts and agreements and make all necessary and…
CHAPTER 7. Marketing Contracts §§ 13350–13356 · 7 sections
- § 13350 An association and its members may make and execute marketing contracts, requiring the members to sell, for any period of time, not over 15 years, all or any…
- § 13351 If the members contract a sale to the association, it shall be conclusively held that title to the products passes absolutely and unreservedly, except for…
- § 13352 The contract may provide that the association may sell or resell the fishery products delivered by its members, with or without taking title thereto; and pay…
- § 13353 The marketing contract may fix, as liquidated damages, specific sums to be paid by the member to the association upon the breach by him of any provision of the…
- § 13354 In the event of any such breach or threatened breach of such marketing contract by a member the association shall be entitled to an injunction to prevent the…
- § 13355 In any action upon such marketing agreements, it shall be conclusively presumed that a landlord or lessor is able to control the delivery of fishery products…
- § 13356 A contract entered into by a member of an association, providing for the delivery to such association of products produced or acquired by the member, may be…