N.C. Gen. Stat. » Chapter 54
NC General Statutes

N.C. Gen. Stat. § 54-130 (2026)

Definitions and nature

✓ current as of July 2026
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As used in this Subchapter-

(1) Agricultural Products. - The term "agricultural products" shall include horticultural, viticultural, forestry, dairy, livestock, poultry, bee, and any farm products.

(2) Association. - The term "association" means

a. Any corporation organized under this Subchapter; or

b. Any foreign corporation which

1. Is organized under any general or special act of another state or the District of Columbia as a cooperative association for the mutual benefit of its members and other patrons,

2. Confines its operations in this State to the purposes specified in, 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 Subchapter for corporations organized hereunder, and

3. Is authorized to transact business in this State pursuant to G.S. 54-139.

(3) Charter. - The term "charter" includes the original articles of incorporation, together with all amendments thereto and articles of merger or consolidation.

(4) Member. - The term "member" shall include actual members of  associations without capital stock and holders of stock in associations organized with capital stock.

(5) Person. - The term "person" shall include individuals, firms, partnerships, corporations, and associations.

Associations organized or domesticated hereunder shall be deemed  nonprofit, inasmuch as they are not organized to make profits for themselves, as such, or for their members, as such, but only for their members as producers.

This Subchapter shall be referred to as the "Cooperative Marketing  Act." (1921, c. 87, s. 2; C.S., s. 5259(b); 1935, c. 436, s. 1; 1963, c. 1168, ss. 1-3.)

 

Notes of Decisions
Cited in 3 cases (2 in the last 5 years), 2019–2022 · leading case: Teresa Speaks v. U. S. Tobacco Coop. Inc., 917 F.3d 276 (4th Cir. 2019).
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Teresa Speaks v. U. S. Tobacco Coop. Inc., 917 F.3d 276 (4th Cir. 2019). · cites it 2× “See N.C. Gen. Stat. § 54-130 (explaining that such associations “are not organized to make profits for themselves, as such, or for their members, as such, but only for their members as producers”); id.”
Teresa Speaks v. U. S. Tobacco Coop., 31 F.4th 838 (4th Cir. 2022). “See N.C. Gen. Stat. §§ 54-130 , 54- 131 (“Three or more persons engaged in the production of agricultural products may form a nonprofit, cooperative association, with or without capital stock, under the provisions of this Subchapter.”
Teresa Speaks v. U. S. Tobacco Coop. (4th Cir. 2022). “See N.C. Gen. Stat. §§ 54-130 , 54- 131 (“Three or more persons engaged in the production of agricultural products may form a nonprofit, cooperative association, with or without capital stock, under the provisions of this Subchapter.”
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