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House File 564

Partial Bill History

Bill Text

PAG LIN
  1  1                                          HOUSE FILE 564
  1  2 
  1  3                             AN ACT
  1  4 PROVIDING FOR THE REVERSION OF DIVIDENDS AND DISTRIBUTIONS BY
  1  5    CERTAIN COOPERATIVE ASSOCIATIONS.  
  1  6 
  1  7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1  8 
  1  9    Section 1.  Section 490.140, Code 2001, is amended by
  1 10 adding the following new subsection:
  1 11    NEW SUBSECTION.  3A.  "Cooperative association" means an
  1 12 entity which is structured and operated on a cooperative basis
  1 13 pursuant to 26 U.S.C. } 1381(a) and which meets the
  1 14 definitional requirements of an association as provided in 12
  1 15 U.S.C. } 1141(j)(a) or 7 U.S.C. } 291.
  1 16    Sec. 2.  NEW SECTION.  490.629  REVERSION OF DISBURSEMENTS
  1 17 TO COOPERATIVE ASSOCIATIONS.
  1 18    1.  As used in this section, "disbursement" means an amount
  1 19 of any distribution or any other increment or sum realized or
  1 20 accruing from stock or other equity interest in a cooperative
  1 21 association organized under this chapter.
  1 22    2.  Once a person's stock or other equity interest in a
  1 23 cooperative association organized under this chapter is deemed
  1 24 abandoned under section 556.5, any disbursement held by the
  1 25 cooperative association for or owing to the person shall be
  1 26 subject to the same requirements as provided in section
  1 27 499.30A that applies to a cooperative association organized
  1 28 under chapter 499, including all of the following:
  1 29    a.  The retention of the disbursement in a reversion fund
  1 30 established by the cooperative association or the delivery of
  1 31 the disbursement to the treasurer of state.
  1 32    b.  The payment of the disbursement to a person filing a
  1 33 claim with the cooperative association who asserts an interest
  1 34 in the disbursement.
  1 35    c.  The forfeiture of the disbursement to the cooperative
  2  1 association, and the use of the forfeited disbursement by the
  2  2 cooperative association in order to teach and promote
  2  3 cooperation or provide for economic development, including
  2  4 creating economic opportunities for its shareholders.
  2  5    Sec. 3.  NEW SECTION.  499.30A  REVERSION OF DISBURSEMENTS.
  2  6    1.  As used in this section, "disbursement" means an amount
  2  7 of any dividend, patronage dividend, distribution including
  2  8 earnings distribution, or any other increment or sum realized
  2  9 or accruing from a membership or stock, subscription, or other
  2 10 equity interest in a cooperative association.
  2 11    2.  Once a person's membership or stock, subscription, or
  2 12 other member's equity in a cooperative association is deemed
  2 13 abandoned under section 556.5, the cooperative association may
  2 14 retain any disbursement held by the cooperative association
  2 15 for or owing to the person.  The cooperative association may
  2 16 also deliver the disbursement to the treasurer of state for
  2 17 disposition as abandoned property pursuant to sections 556.5
  2 18 and 556.11.
  2 19    3.  If the cooperative association elects to retain the
  2 20 disbursement under this section, the disbursement shall be
  2 21 deposited into a reversion fund established by the cooperative
  2 22 association.
  2 23    4.  Any disbursement that is retained by the cooperative
  2 24 association shall be forfeited to the cooperative association
  2 25 if the cooperative association publishes at least one notice
  2 26 of the abandoned property in a publication regularly
  2 27 distributed to its membership or in a newspaper having a
  2 28 general circulation in the county where the cooperative
  2 29 association is located.  The notice shall include all of the
  2 30 following:
  2 31    a.  The name and address of the cooperative association.
  2 32    b.  The name of the person who has an interest in the
  2 33 disbursement according to the records of the cooperative
  2 34 association.
  2 35    c.  A brief description of the type of disbursement
  3  1 retained by the cooperative association.
  3  2    d.  A statement that the disbursement will be forfeited to
  3  3 the cooperative association unless the person files a claim
  3  4 for the disbursement within the period provided for in this
  3  5 section.
  3  6    5.  a.  Subject to this subsection, a person asserting an
  3  7 interest in the disbursement may file a claim for it with the
  3  8 cooperative association in a manner and according to
  3  9 procedures required by the cooperative association.  If a
  3 10 person is entitled to an abandoned membership, stock,
  3 11 subscription, or other interest as provided in section 556.20
  3 12 or 556.21, the cooperative association shall also pay the
  3 13 person the disbursement deposited in the reversion fund that
  3 14 is realized or accrued from the membership or stock,
  3 15 subscription, or other interest.
  3 16    b.  If a person has not filed a claim for the disbursement
  3 17 within six months after the first date that the notice of
  3 18 abandoned property is first published as provided in this
  3 19 section, the disbursement shall be forfeited to the
  3 20 cooperative association.
  3 21    6.  The disbursements deposited into the reversion fund
  3 22 that are forfeited to the cooperative association shall be
  3 23 used as provided in this subsection.  The cooperative
  3 24 association may authorize the payment of forfeited
  3 25 disbursements to persons claiming interests in forfeited
  3 26 disbursements as provided in the cooperative association's
  3 27 articles of incorporation or bylaws.  Otherwise, forfeited
  3 28 disbursements shall be used as the directors deem suitable for
  3 29 any of the following purposes:
  3 30    a.  Teaching and promoting cooperation.  The directors may
  3 31 deposit the amounts of disbursements into the education fund
  3 32 as provided in section 499.30.
  3 33    b.  Economic development including private or joint public
  3 34 and private investments involving the creation of economic
  3 35 opportunities for its members or the retention of existing
  4  1 sources of income that would otherwise be lost.
  4  2    Sec. 4.  Section 556.1, subsection 2, Code 2001, is amended
  4  3 to read as follows:
  4  4    2.  "Business association" means a corporation, cooperative
  4  5 association, joint stock company, business trust, investment
  4  6 company, partnership, limited liability company, trust
  4  7 company, mutual fund, or other business entity consisting of
  4  8 one or more persons, whether or not for profit.
  4  9    Sec. 5.  Section 556.1, Code 2001, is amended by adding the
  4 10 following new subsection:
  4 11    NEW SUBSECTION.  2A.  "Cooperative association" means an
  4 12 entity which is structured and operated on a cooperative
  4 13 basis, including an association of persons organized under
  4 14 chapter 497, 498, or 499; an entity composed of entities
  4 15 organized under those chapters; a cooperative corporation
  4 16 organized under chapter 501; a cooperative association
  4 17 organized under chapter 490; or any other entity recognized
  4 18 pursuant to 26 U.S.C. } 1381(a) which meets the definitional
  4 19 requirements of an association as provided in 12 U.S.C. }
  4 20 1141(j)(a) or 7 U.S.C. } 291.
  4 21    Sec. 6.  Section 556.5, subsection 4, Code 2001, is amended
  4 22 to read as follows:
  4 23    4.  At the time an interest is deemed abandoned under this
  4 24 section, the following shall apply:
  4 25    a.  Except as provided in paragraph "b", any dividend,
  4 26 distribution, or other sum then held for or owing to the owner
  4 27 as a result of the interest, and not previously deemed
  4 28 abandoned, is deemed abandoned.
  4 29    b.  A disbursement held by a cooperative association shall
  4 30 not be deemed abandoned under this chapter if the disbursement
  4 31 is retained by a cooperative association organized under
  4 32 chapter 490 as provided in section 490.629 or by a cooperative
  4 33 association organized under chapter 499 as provided in section
  4 34 499.30A.  
  4 35 
  5  1 
  5  2                                                             
  5  3                               BRENT SIEGRIST
  5  4                               Speaker of the House
  5  5 
  5  6 
  5  7                                                             
  5  8                               MARY E. KRAMER
  5  9                               President of the Senate
  5 10 
  5 11    I hereby certify that this bill originated in the House and
  5 12 is known as House File 564, Seventy-ninth General Assembly.
  5 13 
  5 14 
  5 15                                                             
  5 16                               MARGARET THOMSON
  5 17                               Chief Clerk of the House
  5 18 Approved                , 2001
  5 19 
  5 20 
  5 21                            
  5 22 THOMAS J. VILSACK
  5 23 Governor
     

Text: HF00563                           Text: HF00565
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