C.R.S. Section 7-56-305
Member voting

(1)

Intentionally left blank —Ed.

(a)

Members of a cooperative may vote either in person or, if provided in the articles or the bylaws of the cooperative or a resolution of the board with respect to a particular issue, by any of the following methods:

(I)

Mail or electronic transmission if a means is provided to verify that a member so voting has received the exact wording of the matter upon which the vote is to be taken;

(II)

Telecommunication; or

(III)

Any other means by which all persons in the meeting may communicate with each other during the meeting.

(b)

Whenever in this article reference is made to voting by membership, the vote may be taken in any manner established pursuant to this section unless specifically provided otherwise in this article or by the board with respect to a particular matter upon which the vote is to be taken.

(c)

With respect to a matter where a vote has been cast by an authorized means other than the person being present and voting in person, the person casting the vote shall be counted as present and voting for purposes of those provisions in this article that refer to persons “present and voting”.

(d)

Proxy or cumulative voting shall be prohibited except as permitted by the articles or bylaws of organizations incorporated prior to July 6, 1973; except that, where a member is other than an individual, its vote may be cast by a representative authorized pursuant to this article.

(2)

Except as otherwise provided in subsection (3) of this section, each member of a cooperative formed under this article shall be entitled to one vote only.

(3)

Any cooperative formed under this article may provide in its articles for proportional voting rights allowing members more than one vote based upon the patronage of a member with the cooperative, the amount of patronage equity held in the cooperative, or any combination of these methods. However, no member may be entitled to more than one vote in any case where a law of this state specifically requires otherwise. In no event shall any member have less than one vote and no member may have more than two and one-half percent of the total votes of members of the cooperative. If the number of members in the cooperative is such that, solely by virtue of the number of members, one member may have more than two and one-half percent based on proportional voting, then each member of the cooperative shall be entitled to one vote only.

(4)

Unless otherwise provided in this article or in the cooperative’s articles, when a cooperative has provided for proportional voting, it shall be deemed to have intended that the references in this article to a vote of a specified proportion of members or similar terminology as necessary for approval of a matter submitted to a membership vote shall mean a determination based on a proportion of the total votes entitled to be cast or actually cast by members as applicable in the particular reference.

Source: Section 7-56-305 — Member voting, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-07.­pdf (accessed Oct. 20, 2023).

7‑56‑101
Short title 7‑56‑102
Legislative declaration 7‑56‑103
Definitions 7‑56‑104
Filings by the secretary of state 7‑56‑106
Periodic and other reports 7‑56‑107
Cooperative records 7‑56‑201
Articles of incorporation 7‑56‑202
Amendment of articles 7‑56‑203
Restated articles 7‑56‑204
Cooperatives desiring to relinquish provisions of this article 7‑56‑205
Entities formed under other law but subject to this article 7‑56‑208
Bylaws 7‑56‑209
Agricultural marketing cooperatives 7‑56‑210
Renewable energy cooperatives 7‑56‑301
Members 7‑56‑302
Member meetings - how called - notice 7‑56‑303
Members’ list for meeting 7‑56‑304
Quorum 7‑56‑305
Member voting 7‑56‑306
Reserves, distributions, and patronage refunds 7‑56‑307
Inspection of cooperative records by member 7‑56‑308
Scope of member’s inspection right 7‑56‑309
Court-ordered inspection 7‑56‑401
Directors - elections - remuneration - vacancy 7‑56‑402
Officers - titles - election - duties and authority - removal 7‑56‑403
Procedures for meetings of the board of directors 7‑56‑404
Removal of director by the membership or the board 7‑56‑405
Removal of director by judicial proceeding 7‑56‑406
Indemnification and personal liability of directors, officers, employees, and agents 7‑56‑407
Persons to be bonded 7‑56‑409
Registered agent - service of process 7‑56‑501
Powers 7‑56‑502
Marketing or purchasing contracts 7‑56‑503
Remedies for breach of marketing or purchasing contract 7‑56‑504
Inducing breach of marketing or purchasing contract 7‑56‑505
Purchases of property or other interests 7‑56‑506
Warehouse receipts - interest in warehouse entities 7‑56‑507
Application of other laws 7‑56‑508
Cooperatives not in restraint of trade 7‑56‑509
Exemption from securities laws 7‑56‑510
Renewable energy cooperatives - powers 7‑56‑601
Encumbering property 7‑56‑602
Merger, conversion, or consolidation or share or equity capital exchange 7‑56‑603
Procedure for consolidation, share or equity capital exchange, conversion, and merger 7‑56‑604
Merger of parent and subsidiary 7‑56‑604.5
Statement of merger or conversion 7‑56‑605
Statement of consolidation or share or equity capital exchange 7‑56‑606
Effect of merger, conversion, consolidation, or share or equity capital exchange 7‑56‑606.5
Merger with foreign entity 7‑56‑607
Consolidation or share or equity capital exchange with foreign business 7‑56‑608
Dissenters’ rights - definitions 7‑56‑609
Sale or other disposition of property without member approval 7‑56‑610
Sale or other disposition of property requiring member approval 7‑56‑701
Authorization of dissolution before issuance of memberships 7‑56‑702
Authorization of dissolution after issuance of memberships 7‑56‑703
Articles of dissolution 7‑56‑705
Effect of dissolution 7‑56‑714
Grounds for judicial dissolution 7‑56‑715
Procedure for judicial dissolution 7‑56‑716
Receivership or custodianship 7‑56‑717
Decree of dissolution 7‑56‑718
Certain assignments of assets in dissolution 7‑56‑801
Authority to transact business or conduct activities required 7‑56‑802
Registered agent - service of process 7‑56‑901
Application to existing cooperatives
Green check means up to date. Up to date

Current through Fall 2024

§ 7-56-305’s source at colorado​.gov