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This entry was published on 2014-09-22
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SECTION 23
Action against directors and officers for misconduct
Rural Electric Cooperative (REL) CHAPTER 77-A, ARTICLE 2
§ 23. Action against directors and officers for misconduct. (a) An
action may be brought against one or more directors or officers of a
cooperative to procure a judgment for the following relief:

(1) To compel the defendant to account for his or her official conduct
in the following cases:

(i) The neglect of, or failure to perform, or other violation of his
or her duties in the management and disposition of cooperative assets
committed to his or her charge.

(ii) The acquisition by him or herself, transfer to others, loss or
waste of cooperative assets due to any neglect of, or failure to
perform, or other violation of his or her duties.

(2) To set aside an unlawful conveyance, assignment or transfer of
cooperative assets, where the transferee knew of its unlawfulness.

(3) To enjoin a proposed unlawful conveyance, assignment or transfer
of cooperative assets, where there are reasonable grounds for belief
that it will be made.

(b) An action may be brought for the relief provided in this section
and in subdivision (a) of section twenty-five of this article by the
attorney general, by the cooperative or, in the right of the cooperative
by any of the following:

(1) A director or officer of the cooperative.

(2) A receiver, trustee in bankruptcy, or judgment creditor thereof.

(3) By one or more of the members of the cooperative.