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



"Agricultural products" includes
floricultural, horticultural, viticultural, forestry, nut, coffee, dairy,
livestock, poultry, bee, farm or plantation products, and fish and aquacultural
commodities.



"Articles" means the articles of
incorporation.



"Association" means any corporation
organized under this chapter for the mutual benefit of its members, as
agricultural producers, and which confines its operations to purposes
authorized by this chapter and restricts the return on the stock or membership
capital and the amount of its business with nonmembers to the limits placed
thereon by this chapter for associations organized hereunder; provided that any
fish marketing association organized pursuant to chapter 422 and in existence
on May 7, 1991, shall be considered an association for purposes of this
chapter.  Associations shall be classified as and deemed to be nonprofit
corporations, inasmuch as their primary object is not to pay dividends on
invested capital, but to render service and provide means and facilities by or
through which the producers of agricultural products may receive a reasonable
and fair return for their products.



"Board" means the board of directors.



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



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



"Individual" means a natural person.



"Member" includes the holder of a
membership in an association without capital stock or the holder of common
stock in [an] association organized with capital stock.



"Membership capital" means that
capital paid to a nonstock association by a member in order to be a member and
have the rights of membership in the association.



"Merger" means the procedure
authorized by [section 421-21.6] in which one domestic or foreign entity
combines with one or more domestic or foreign entities resulting in either one
surviving entity or one new entity.



"Organizing articles" means:



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



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



(3)  For a limited partnership, the
certificate of limited partnership; and



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



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



"Person" includes individuals,
partnerships, corporations, limited liability companies, and associations. [L
1949, c 234, pt of §1; RL 1955, §176-2; HRS §421-1; am L 1982, c 257, §3; am L
1985, 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 to
presumption of agency relationships.  46 H. 293, 380 P.2d 156.