§ 2-17-13 — Financial statements – Dividends and earnings – Interest

on membership capital or stock – Surplus or reserve fund – Undistributed balances. A. At the time of each dividend apportionment of earnings and at least once in every year, the directors shall cause to be prepared a financial statement showing: 1. The financial condition of the corporation at the end of the period to which such dividend or apportionment relates, in a form as shall fully exhibit the assets and liabilities of the corporation; and 2. Its earnings, purchases and sales, expenses and outlays, for the period covered by the dividend or apportionment, in the manner that a good understanding of the condition of the corporation may be obtained from the financial statement. The directors shall cause the financial statement to be kept on file with the secretary, or such other officer as the directors may designate. The financial statement may be examined by any member of the corporation at all reasonable times. B. The directors, subject to the revision by the members or stockholders, at any general or special meeting lawfully called shall apportion the net earnings from time to time at least once in each year. C. An association shall limit the interest it pays on membership capital or stock to an amount not greater than eight percent (8%) per annum. The apportionment shall not be made until not less than ten percent (10%) of any undistributed balance accruing since the last apportionment, has been set aside in a surplus or reserve fund unless such surplus or reserve funds equal at least one hundred percent (100%) of the paid up membership fees or capital stock. D. 1. Undistributed balances from any source, in excess of additions to reserves and surplus, shall be distributed on the basis of patronage, that is according to the amount or value, as the association may decide, of the products sold to or through, and/or purchased from or through, the association by its patrons. 2. The distribution of the balances may be restricted to members or be made at the same rate for members and nonmembers. 3. The bylaws may provide that any distribution to a nonmember, eligible for membership may be credited to a nonmember until the amount equals the value of a membership certificate or a share of the association's common stock. 4. A distribution credited to the account of a nonmember shall revert to the reserve fund to be used for educational purposes if, after two (2) years, the amount is less than the value of a membership certificate or a share of common stock, or in case the person does not accept and exercise membership privileges.

Legislative History

Added by Laws 1937, p. 265, § 13. Amended by Laws 2001, c. 38, § 13, eff. Nov. 1, 2001. Renumbered from § 361 l of this title by Laws 2001, c. 38, § 26, eff. Nov. 1, 2001.