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7 U.S.C. § 10aCooperative associations and corporations, exclusion from board of trade; rules of board inapplicable to payment of compensation by association

submitted 104 years ago by ch. 369 to r/title-7-AGRICULTURE · 468 words · no verdicts yet

in plain englishAI-generated · not legal advice

A contract market cannot bar a financially sound farm cooperative from membership, unless it fails a clearing house obligation or the Commission approves the exclusion after a hearing. Contract market rules also cannot stop cooperatives from paying their local branches for organizing work.

(a) A board of trade that is designated or registered as a contract market or a derivatives transaction execution facility cannot exclude a cooperative from membership and its privileges. This protection covers an association or corporation in the cash commodity business that has adequate financial responsibility, and that is either organized under a state's cooperative laws or recognized as a cooperative association of producers by the U.S. government or one of its agencies. The cooperative must agree to follow the same terms lawfully imposed on other board members, and the terms lawfully imposed on producer cooperatives specifically. The board of trade can still exclude the cooperative, but only if the Commission authorizes it, after the board files a complaint and holds a hearing with at least three days' notice. There's an exception: if the cooperative fails to meet its obligations to an established clearing house or clearing agency of a contract market, it is automatically barred from further trading on that market. It may still trade as needed to close out open trades and finish existing contracts, following that market's rules. The Commission may decide the cooperative keeps its membership and privileges, with or without conditions, or it may let the board of trade immediately bar the cooperative. Either the cooperative or the board of trade can get a Commission order under this section reviewed. They file a written petition with the court of appeals for the circuit where their principal place of business is located, following the procedure in section 8(b) of this title. But filing the petition does not pause the order while the court reviews it. (b) No rule of a contract market or derivatives transaction execution facility can forbid a federated cooperative association from paying its regional member-associations for work they do -- organizing, education, or bringing in business -- whether that payment is based on the amount of commodity handled or some other measure. This is allowed as long as none of that payment gets passed on to the cooperative's patrons, whether members or nonmembers, except as a dividend on capital stock or as a patronage dividend paid from the federated association's net earnings or surplus.
the actual law source: uscode.house.gov ↗public domain
(a)

No board of trade which has been designated or registered as a contract market or a derivatives transaction execution facility exclude 1 from membership in, and all privileges on, such board of trade, any association or corporation engaged in cash commodity business having adequate financial responsibility which is organized under the cooperative laws of any State, or which has been recognized as a cooperative association of producers by the United States Government or by any agency thereof, if such association or corporation complies and agrees to comply with such terms and conditions as are or may be imposed lawfully upon other members of such board, and as are or may be imposed lawfully upon a cooperative association of producers engaged in cash commodity business, unless such board of trade is authorized by the commission to exclude such association or corporation from membership and privileges after hearing held upon at least three days’ notice subsequent to the filing of complaint by the board of trade: Provided, however, That if any such association or corporation shall fail to meet its obligations with any established clearing house or clearing agency of any contract market, such association or corporation shall be ipso facto debarred from further trading on such contract market, except such trading as may be necessary to close open trades and to discharge existing contracts in accordance with the rules of such contract market applicable in such cases. Such commission may prescribe that such association or corporation shall have and retain membership and privileges, with or without imposing conditions, or it may permit such board of trade immediately to bar such association or corporation from membership and privileges. Any order of said commission entered hereunder shall be reviewable by the court of appeals for the circuit in which such association or corporation, or such board of trade, has its principal place of business, on written petition either of such association or corporation, or of such board of trade, under the procedure provided in section 8(b) of this title, but such order shall not be stayed by the court pending review.

(b)

No rule of any board of trade designated or registered as a contract market or a derivatives transaction execution facility shall forbid or be construed to forbid the payment of compensation on a commodity-unit basis, or otherwise, by any federated cooperative association to its regional member-associations for services rendered or to be rendered in connection with any organization work, educational activity, or procurement of patronage, provided no part of any such compensation is returned to patrons (whether members or nonmembers) of such cooperative association, or of its regional or local member-associations, otherwise than as a dividend on capital stock or as a patronage dividend out of the net earnings or surplus of such federated cooperative association.

Source credit: (Sept. 21, 1922, ch. 369, § 6a, as added June 15, 1936, ch. 545, § 9, 49 Stat. 1499; amended June 25, 1948, ch. 646, § 32(a), 62 Stat. 991; May 24, 1949, ch. 139, § 127, 63 Stat. 107; Pub. L. 102–546, title II, § 209(b)(4), title IV, § 402(8), Oct. 28, 1992, 106 Stat. 3607, 3625; Pub. L. 106–554, § 1(a)(5) [title I, § 123(a)(13)], Dec. 21, 2000, 114 Stat. 2763, 2763A–409.)

history & why it existsrecord from the source credit
  • 1922Enacted · Act of Sept. 21, 1922, ch. 369 · 49 Stat. 1499
  • 1948Amended · Act of June 25, 1948, ch. 646 · 62 Stat. 991
  • 1949Amended · Act of May 24, 1949, ch. 139 · 63 Stat. 107
  • 1992Amended · Pub. L. 102-546 · 106 Stat. 3607, 3625
  • 2000Amended · Pub. L. 106-554 · 114 Stat. 2763, 2763

A history note hasn’t been published yet. The record shows enactment by ch. 369 on 1922-09-21.

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