Me. Rev. Stat. » Title 35-A
Maine Revised Statutes

Me. Rev. Stat. tit. 35-A, § 3734 (2026)

Members

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1.  Incorporators are members.  Each incorporator of a cooperative is a member of the cooperative, but no other person may become a member unless that person agrees to use transmission and distribution service or other services furnished by the cooperative when they are made available through its facilities.  
[PL 1999, c. 398, Pt. A, §89 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]
2.  Requirements of membership.  Any member of a cooperative who agrees to use transmission and distribution service ceases to be a member if that member does not use transmission and distribution service supplied by the cooperative within 6 months after it is made available or if transmission and distribution service is not made available by the cooperative within 2 years after the member becomes a member or such lesser period as the bylaws of the cooperative may provide.  
[PL 1999, c. 398, Pt. A, §89 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]
3.  Joint membership.  A husband and wife may hold a joint membership in a cooperative.  
[PL 1987, c. 141, Pt. A, §6 (NEW).]
4.  Membership not transferable.  Membership in a cooperative is not transferable, except as provided in the bylaws.  
[PL 1987, c. 141, Pt. A, §6 (NEW).]
5.  Additional qualifications.  The bylaws may prescribe additional qualifications and limitations in respect to membership.  
[PL 1987, c. 141, Pt. A, §6 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1999, c. 398, §A89 (AMD). PL 1999, c. 398, §§A104,105 (AFF).
Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 1990–2023 · leading case: In re E. Maine Elec. Coop., Inc., 121 B.R. 917 (Bankr. D. Me. 1990).
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In re E. Maine Elec. Coop., Inc., 121 B.R. 917 (Bankr. D. Me. 1990). “35-A M.R.S.A. § 3734. See also EMEC By-laws, Article I, Section 1.”
Wayne R. Jortner v. Sec'y of State, 2023 ME 25, 293 A.3d 405. “4 For example, by statute, the users of a rural electric cooperative’s transmission and distribution services are “members” of the cooperative, 35-A M.R.S. § 3734 (2023), and are granted specific statutory rights to receive portions of the cooperative’s revenue and value, 35-A M.”
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