Section 140.40. Articles of incorporation and bylaws.

  Every marketing board shall adopt articles of incorporation and bylaws, as provided in s. 96.10 (3) , Stats. Proposed articles of incorporation, bylaws, and amendments to bylaws shall be developed in consultation with the secretary, and shall be submitted to the secretary for review prior to final adoption. No articles of incorporation may be filed with the department of financial institutions or become effective until approved by the secretary. The secretary may disapprove proposed articles of incorporation or bylaws if the secretary determines that the proposed articles of incorporation or bylaws are inconsistent with ch. 96 , Stats. , the marketing order or this chapter, or otherwise violate applicable law. No articles of incorporation may be approved by the secretary until the articles of incorporation meet the requirements of s. 96.10 (3) , Stats., and s. ATCP 140.49 (6) concerning procedures for assuring the confidentiality of business information.

History: Cr. Register, November, 1985, No. 359 , eff. 12-1-85; CR 04-005 : am. Register October 2004 No. 586 , eff. 11-1-04.

Note

Marketing boards are incorporated as nonstock, nonprofit corporations under ch. 181 , Stats., and are authorized to administer marketing orders under ch. 96 , Stats. Under ch. 96 , Stats., the department is not directly involved in the administration of marketing orders, but is authorized to monitor marketing board operations for compliance with law. Microsoft Windows NT 6.1.7601 Service Pack 1