N.C. Gen. Stat. » Chapter 117
NC General Statutes

N.C. Gen. Stat. § 117-10 (2026)

Formation authorized

✓ current as of July 2026
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Any number of natural persons not less than three may, by executing, filing and recording a certificate as hereinafter provided, form a corporation not organized for pecuniary profit for the purpose of promoting and encouraging the fullest possible use of electric energy in the rural section of the State by making electric energy available to inhabitants of the State at the lowest cost consistent with sound economy and prudent management of the business of such corporations. (1935, c. 291, s. 5.)

 

Notes of Decisions
Cited in 7 cases, 1955–2006 · leading case: Hammonds v. Lumbee River Elec. M'ship Corp., 631 S.E.2d 1 (N.C. Ct. App. 2006).
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Hammonds v. Lumbee River Elec. M'ship Corp., 631 S.E.2d 1 (N.C. Ct. App. 2006). · cites it 2× “]" N.C. Gen.Stat. § 117-10 (2005). Electric membership corporations may serve only persons who "shall use energy supplied by such corporation and [who] shall have complied with the terms and conditions [of] membership contained in the bylaws of such corporation[.”
Duke Power Co. v. Blue Ridge Elec. Membership Corp., 117 S.E.2d 812 (N.C. 1961). · cites it 3× “G.S. § 117-10. The contract declares the current is sold "for the purpose of resale primarily to rural homes and farm consumers who are members of the `Consumer' in Caldwell County, North Carolina and who are not located in any incorporated city or town.”
Hammonds v. Lumbee River Elec. Membership Corp., 178 N.C. App. 1 (N.C. Ct. App. 2006). · cites it 2× “]” N.C. Gen. Stat. § 117-10 (2005). Electric membership corporations may serve only persons who “shall use energy supplied by such corporation and [who] shall have complied with the terms and conditions [of] membership contained in the bylaws of such corporation!.”
Pee Dee Elec. Membership Corp. v. Carolina Power & Light Co., 117 S.E.2d 764 (N.C. 1961). · cites it 3× “) G.S. § 117-10. G.S. 117-16 provides that the corporate purpose of such membership corporation is "to render service to its members only," and "no person shall become or remain a member unless such person shall use energy supplied by such corporation and shall have complied…”
State Ex Rel. North Carolina Utils. Comm'n v. Mun. Corporations, 90 S.E.2d 519 (N.C. 1955). “Also, G.S. 117-10, pointing out the manner in which Electric Membership Corporations may be organized, reads as follows: “Any number of natural persons not less than three may, by executing, filing and recording a certificate as hereinafter provided, form a corporation not…”
Time Warner Ent.-Advance/Newhouse P'ship v. Carteret-Craven Elec. Membership Corp., 451 F. Supp. 2d 736 (E.D.N.C. 2006). · cites it 8× “¶ 5 (quoting N.C. Gen.Stat. § 117-10). CCEMC has implemented Chapter 117 through its bylaws.”
Springer-eubank Co. v. Four Cnty. Elec. Membership Corp., 1999 NCBC 8 (N.C. Bus. Ct. 1999). · cites it 3× “" N.C.G.S. § 117-10. {11} Prior to its amendment in 1999, a serious question existed with respect to whether or not Chapter 117 permitted EMCs to engage in any activity unrelated to the provision of electrical energy.”
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