Ky. Rev. Stat. § 279.010

Definitions

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As used in this chapter, unless the context requires otherwise: (1) "Acquire" means to construct, purchase, obtain by lease, devise, gift, or by eminent domain, or to obtain by any other lawful means; (2) "Board" means the board of directors of a corporation formed under this chapter; (3) "Business entity" means a domestic and foreign limited liability company, corporation, general partnership, limited partnership, business or statutory trust, and not-for-profit unincorporated association; (4) "Corporation" means a profit or nonprofit corporation formed under the laws of any state or a foreign country; (5) "Farm Credit Act" means Section 12 of the Federal Farm Credit Act of 1935 and the amendments thereto; (6) "Federal agency" means and includes the United States, the President of the United States, and all federal authorities, instrumentalities and agencies in the ordinary sense; (7) "Improve" means to construct, reconstruct, extend, enlarge, alter, better, or repair; (8) "Member" means and includes each person signing the articles of incorporation of a corporation formed under this chapter, each person later admitted to membership according to law or according to the articles of incorporation or bylaws of the corporation, and each common stockholder in a corporation organized under this chapter that has capital stock; (9) "Name of record with the Secretary of State" means any real, fictitious, reserved, registered, or assumed name of a business entity; (10) "Obligations" means and includes negotiable bonds, notes, debentures, interim certificates or receipts and all other evidences of indebtedness either issued or the payment thereof assumed by a corporation organized under this chapter; (11) "Real name" shall have the meaning set forth in KRS 365.015; and (12) "System" means and includes any plant, works, facilities, and properties, and all parts thereof and appurtenances thereto, used or useful in the generation, production, transmission, or distribution of electric energy. Effective: July 15, 2010 History: Repealed and reenacted 2010 Ky. Acts ch. 51, sec. 131, effective July 15, 2010. -- Amended 2007 Ky. Acts ch. 137, sec. 131, effective June 26, 2007. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 883j-2. Legislative Research Commission Note (7/15/2010). 2010 Ky. Acts ch. 51, sec. 183, provides, "The specific textual provisions of Sections 1 to 178 of this Act which reflect amendments made to those sections by 2007 Ky. Acts ch. 137 shall be deemed effective as of June 26, 2007, and those provisions are hereby made expressly retroactive to that date, with the remainder of the text of those sections being unaffected by the provisions of this section." Legislative Research Commission Note (6/26/2007). 2007 Ky. Acts ch. 137, sec. 131, subsection (11) cited "Section 164 of this Act." It is apparent from context that the section referred to should have been Section 163 of the Act, KRS 365.015. The Reviser of Statutes has made this change under the authority of KRS 7.136.

Notes of Decisions

Cited in 4 cases, 1943–2005 · leading case: Lewis v. Jackson Energy Cooperative Corp.

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Lewis v. Jackson Energy Cooperative Corp. (2005) ky · cites it 2× “210 prohibits the application of general corporate laws where such provisions are in conflict with, or inconsistent with, the express provisions of KRS 279.010 to KRS 279.220. The legislature's grant of authority to organize electric cooperatives to sell and distribute…”

National-Southwire Aluminum Co. v. Big Rivers Electric Corp. (1990) kyctapp · cites it 2× “KRS 279.010(8) provides that a system "means and includes any plant, works, facilities and properties, and all parts thereof and appurtenances thereto, used or useful in the generation, production, transmission or distribution of electric energy.”

Richardson v. South Kentucky Rural Electric Cooperative Corp. (1978) kyctapp · cites it 2× “The defendant-appellee, South Kentucky Rural Electric Cooperative Corporation (South Kentucky RECC), is a nonprofit, nonstock rural electric cooperative incorporated under the provisions of KRS 279.010 to KRS 279.220. The plaintiff-appellants are the former shareholders and…”

Inter-County Rural Electric Co-Operative Corp. v. Reeves (1943) kyctapphigh “Appellant, Inter-Connty Rural Electric Cooperative Corporation, is a non-profit corporation organized and operating under the provisions of KRS 279.010 to 279.990, inclusive. It has no capital stock and the rights and interests of each member of the corporation in respect to the…”

— Ky. Rev. Stat. § 279.010(8) — 1 case

National-Southwire Aluminum Co. v. Big Rivers Electric Corp. (1990) kyctapp “KRS 279.010(8) provides that a system "means and includes any plant, works, facilities and properties, and all parts thereof and appurtenances thereto, used or useful in the generation, production, transmission or distribution of electric energy.”

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