The district court may dissolve a cooperative in any of the following ways:
 1. A proceeding by the attorney general, if it is established that either of the following apply:

 a. The cooperative obtained its articles of association through fraud.
 b. The cooperative has continued to exceed or abuse the authority conferred upon it by law.

Terms Used In Iowa Code 501.821

  • Articles: means the cooperative's articles of association. See Iowa Code 501.101
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Cooperative: means a cooperative association organized under this chapter or converted to this chapter pursuant to section 501. See Iowa Code 501.101
  • following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
  • Fraud: Intentional deception resulting in injury to another.
  • Interest: means a voting interest or other interest in a cooperative as described in the cooperative's articles of association. See Iowa Code 501.101
  • Member: means a person who owns a voting interest in a cooperative. See Iowa Code 501.101
 2. A proceeding by a member if it is established that any of the following conditions exist:

 a. The directors are deadlocked in the management of the cooperative’s affairs, the members are unable to break the deadlock, and either irreparable injury to the cooperative is threatened or being suffered, or the business and affairs of the cooperative can no longer be conducted to the advantage of the interest holders generally, because of the deadlock.
 b. The directors or those in control of the cooperative have acted, are acting, or will act in a manner that is illegal, oppressive, or fraudulent.
 c. The members are deadlocked in voting power and have failed, for a period that includes at least two consecutive annual meeting dates, to elect successors to directors whose terms have expired.
 d. The cooperative’s assets are being misapplied or wasted.
 3. A proceeding by a creditor if it is established that either of the following apply:

 a. The creditor’s claim has been reduced to judgment, the execution on the judgment returned unsatisfied, and the cooperative is insolvent.
 b. The cooperative has admitted in writing that the creditor’s claim is due and owing and the cooperative is insolvent.
 4. A proceeding by the cooperative to have its voluntary dissolution continued under court supervision.
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