SECTIONS 13200-13208 - California Statutes

CORPORATIONS CODE

SECTION 13200-13208

13200. This part shall be known as "the Fish Marketing Act."

13201. This part is enacted in order to promote, foster, and
encourage the intelligent and orderly marketing of fish and fishery
products through cooperation; to eliminate speculation and waste; to
make the distribution of fish and fishery products between producer
and consumer as direct as can be efficiently done; and to stabilize
the marketing of fish and fishery products.

13202. As used in this part:
(a) "Fishery products" includes fish, crustaceans, mollusks, and
marine products for human consumption.
(b) "Member" includes members of associations without capital
stock and holders of common stock in associations organized with
shares of stock.
(c) "Association" means any corporation organized under this part.

13203. Associations shall be deemed "nonprofit," inasmuch as they
are not organized to make profit for themselves, as such, or for
their members, as such, but only for their members as producers of
fishery products.

13204. The provisions of the General Corporation Law and all powers
and rights thereunder, apply to associations, except where such
provisions are in conflict with or inconsistent with the express
provisions of this part.

13205. No association is subject in any manner to the terms of the
Corporate Securities Law and all associations may issue their
membership certificates or stock or other securities as provided in
this division without the necessity of any permit from the
Commissioner of Corporations.

13206. An association shall be deemed not to be a conspiracy nor a
combination in restraint of trade nor an illegal monopoly; nor an
attempt to lessen competition or to fix prices arbitrarily or to
create a combination or pool in violation of any law of the State;
and the marketing contracts and agreements between the association
and its members and any agreements authorized in this part shall be
considered not to be illegal nor in restraint of trade nor contrary
to the provisions of any statute enacted against pooling or
combinations.

13207. Any provisions of law which are in conflict with this part
shall not be construed as applying to associations. Any exemptions
under any laws applying to fishery products in the possession or
under the control of the individual producer shall apply similarly
and completely to such fishery products delivered by its members, in
the possession or under the control of the association.

13208. Any two or more associations may be merged into one such
constituent association or consolidated into a new association. Such
merger or consolidation shall be made in the manner prescribed by the
General Corporation Law for domestic corporations.