CHAPTER 55. COOPERATIVE CREDIT ASSOCIATIONS

AGRICULTURE CODE

TITLE 4. AGRICULTURAL ORGANIZATIONS

CHAPTER 55. COOPERATIVE CREDIT ASSOCIATIONS

Sec. 55.001. POWERS. An association formed under this chapter

may:

(1) borrow money for and lend money to its members;

(2) discount, rediscount, endorse, purchase, or sell notes,

bills, or other evidences of indebtedness of its members that may

be discounted or rediscounted under the rules prescribed by the

Farm Credit Administration; and

(3) exercise the powers authorized by the general corporation

laws of this state unless the law granting the power conflicts

with this chapter.

Acts 1981, 67th Leg., p. 1121, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 55.002. INCORPORATORS. (a) Ten or more persons who

fulfill the requirements of Subsection (b) of this section may

organize a private cooperative credit association.

(b) To be eligible to be an incorporator a person must:

(1) be a citizen of this state; and

(2) be engaged in the production, or production and marketing,

of staple agricultural products or in the raising, breeding,

feeding, fattening, or marketing of livestock.

Acts 1981, 67th Leg., p. 1122, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 55.003. ARTICLES OF INCORPORATION. In addition to the

requirements prescribed by the general corporation laws of the

state, the articles of incorporation of an association formed

under this chapter must state that the association may not obtain

loans for, make loans to, purchase notes from, or discount notes

for a person who is not a member of the association.

Acts 1981, 67th Leg., p. 1122, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 55.004. CAPITAL STOCK. (a) Except as provided by

Subsection (b) of this section, an association may be organized

under this chapter with or without capital stock.

(b) If an association formed under this chapter is organized to

lend money secured by chattel mortgages on livestock, the

association shall be organized with capital stock.

(c) An association formed under this chapter with capital stock

automatically shall increase its stock at the rate of 10 percent

of the amount of loans or discounts made by the association to

its members.

Acts 1981, 67th Leg., p. 1122, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 55.005. LOANS. (a) Each applicant for a loan or discount

by an association formed under this chapter shall become a

subscriber to the association's capital stock in an amount equal

to 10 percent of the amount of the loan or discount for which

application is made.

(b) The applicant shall pay for the stock required to be

purchased by Subsection (a) of this section at or before the time

that the loan is closed or the discount is granted.

Acts 1981, 67th Leg., p. 1122, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 55.006. RATIO OF CAPITAL TO LOANS. (a) The total amount

of the outstanding loans or discounts of an association formed

under this chapter may not exceed an amount equal to 10 times the

amount of the association's paid-up unimpaired capital stock.

(b) The articles of incorporation of an association formed under

this chapter must state the requirement of Subsection (a) of this

section.

Acts 1981, 67th Leg., p. 1122, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 55.007. REPURCHASE OF STOCK. (a) The board of directors

of an association formed under this chapter may authorize the

purchase of the association's capital stock at the book value

conclusively determined by the board and pay cash for the stock

within one year thereafter if:

(1) the liabilities of the association are less than 50 percent

of its assets; and

(2) the directors determined that the stock may be purchased

without impairment of the association's financial condition.

(b) The board of directors in its discretion may retire pro rata

stock held by a member or group of members whose loans have been

paid in whole or part.

Acts 1981, 67th Leg., p. 1122, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 55.008. REPORTS. Before January 11, April 11, July 11, and

October 11, each association formed under this chapter with

capital stock shall file with the secretary of state:

(1) an accurate report showing the association's financial

condition and the amount of outstanding paid-up capital stock on

January 1, April 1, July 1, or October 1 preceding the report;

and

(2) a fee of $2.50.

Acts 1981, 67th Leg., p. 1123, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 55.009. FEES. (a) When the articles of incorporation of

an association formed under this chapter are filed, the

incorporators shall pay to the secretary of state a filing fee of

$10.

(b) Each association formed under this chapter without capital

stock shall pay an annual license fee of $10.

Acts 1981, 67th Leg., p. 1123, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 55.010. EXEMPTION FROM FRANCHISE TAX. An association

formed under this chapter is exempt from all franchise or other

license taxes, except that:

(1) an association is not exempt from the annual license fee

under Section 55.009 of this code; and

(2) an association is exempt from the franchise tax imposed by

Chapter 171, Tax Code, only if exempted by that chapter.

Acts 1981, 67th Leg., p. 1123, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1981, 67th Leg., p. 2786, ch. 752, Sec.

15(c), eff. Jan. 1, 1982.