§ 7-58-402 — Notice and action on amendment of articles and bylaws

Colorado § 7-58-402

• Jurisdiction: Colorado
• Title 07: Corporations
• Art.: Uniform Limited Cooperative Association Act

Text

(1)
Except as provided in this subsection (1) and section 7-58-405 (6), the articles and
bylaws of a limited cooperative association may be amended only at a members
meeting. An amendment requiring membership approval may be proposed by either:

(a) A majority of the board of directors, or a greater percentage if required
by the articles or bylaws; or

(b) One or more petitions signed by at least ten percent of the patron
members or at least ten percent of the investor members.

(2) The board of directors shall call a members meeting to consider an
amendment proposed pursuant to subsection (1) of this section. The meeting shall
be held not later than ninety days following the proposal of the amendment by the
board or receipt of a petition or petitions satisfying the requirements of this section.
The board shall mail or otherwise transmit or deliver in a record to each member:

(a) The proposed amendment, or a summary of the proposed amendment and
a statement of the manner in which a copy of the amendment in a record may be
reasonably obtained by a member;

(b) A recommendation that the members approve the amendment, or, if the
board determines that because of conflict of interest or any other reason it should
not make a favorable recommendation, the basis for that determination;

(c) A statement of any condition of the board's submission of the amendment
to the members; and

(d) Notice of the meeting at which the proposed amendment will be
considered, which shall be given in the same manner as notice for a special meeting
of members.

Legislative History

Source: L. 2011: Entire article added, (SB 11-191), ch. 197, p. 774, � 1, effective April 2, 2012.