§421-1  Definitions.  As used in thischapter, unless the context or subject matter requires otherwise:

"Agricultural products" includesfloricultural, horticultural, viticultural, forestry, nut, coffee, dairy,livestock, poultry, bee, farm or plantation products, and fish and aquaculturalcommodities.

"Articles" means the articles ofincorporation.

"Association" means any corporationorganized under this chapter for the mutual benefit of its members, asagricultural producers, and which confines its operations to purposesauthorized by this chapter and restricts the return on the stock or membershipcapital and the amount of its business with nonmembers to the limits placedthereon by this chapter for associations organized hereunder; provided that anyfish marketing association organized pursuant to chapter 422 and in existenceon May 7, 1991, shall be considered an association for purposes of thischapter.  Associations shall be classified as and deemed to be nonprofitcorporations, inasmuch as their primary object is not to pay dividends oninvested capital, but to render service and provide means and facilities by orthrough which the producers of agricultural products may receive a reasonableand fair return for their products.

"Board" means the board of directors.

"Domestic association" means anassociation or corporation formed under the laws of the State.

"Entity" includes domestic andforeign corporations, domestic professional corporations, domestic and foreignlimited liability companies, domestic and foreign nonprofit corporations,domestic and foreign business trusts, estates, domestic and foreignpartnerships, domestic and foreign limited partnerships, domestic and foreignlimited liability partnerships, trusts, two or more persons having joint orcommon economic interest, associations and cooperative associations, and state,federal, and foreign governments.

"Individual" means a natural person.

"Member" includes the holder of amembership in an association without capital stock or the holder of commonstock in [an] association organized with capital stock.

"Membership capital" means thatcapital paid to a nonstock association by a member in order to be a member andhave the rights of membership in the association.

"Merger" means the procedureauthorized by [section 421-21.6] in which one domestic or foreign entitycombines with one or more domestic or foreign entities resulting in either onesurviving entity or one new entity.

"Organizing articles" means:

(1)  For an association, corporation, ornonprofit corporation, the articles of incorporation;

(2)  For a general partnership or limitedliability partnership, the registration statement;

(3)  For a limited partnership, thecertificate of limited partnership; and

(4)  For a limited liability company, thearticles of organization.

"Other business entity" means acorporation, nonprofit corporation, general partnership, limited partnership,limited liability partnership, or limited liability company.

"Person" includes individuals,partnerships, corporations, limited liability companies, and associations. [L1949, c 234, pt of §1; RL 1955, §176-2; HRS §421-1; am L 1982, c 257, §3; am L1985, c 266, §1; am L 1988, c 373, §17; am L 1991, c 100, §1; am L 2001, c 129,§61; am L 2004, c 121, §3; am L 2006, c 184, §14]

 

Case Notes

 

  Contracts of cooperative associations give rise topresumption of agency relationships.  46 H. 293, 380 P.2d 156.