SECTIONS 13350-13356 - California Statutes

CORPORATIONS CODE

SECTION 13350-13356

13350. An association and its members may make and execute
marketing contracts, requiring the members to sell, for any period of
time, not over 15 years, all or any specified part of their fishery
products or specified commodities exclusively to or through the
association or any facilities to be created by the association.

13351. If the members contract a sale to the association, it shall
be conclusively held that title to the products passes absolutely and
unreservedly, except for recorded liens, to the association upon
delivery or at any other time expressly and definitely specified in
the contract.

13352. The contract may provide that the association may sell or
resell the fishery products delivered by its members, with or without
taking title thereto; and pay over to its members the resale price,
after deducting all necessary selling, overhead, and other costs and
expenses, including interest on preferred stock, not exceeding 8
percent per annum, and reserves for retiring the stock, if any; and
other proper reserves; and interest not exceeding 8 percent per annum
upon common stock.

13353. The marketing contract may fix, as liquidated damages,
specific sums to be paid by the member to the association upon the
breach by him of any provision of the marketing contract regarding
the sale or delivery or withholding of fishery products; and may
further provide that the member will pay all costs, premiums for
bonds, expenses and fees, in case any action is brought upon the
contract by the association; and any such provisions shall be valid
and enforceable in the courts of this State; and such clauses
providing for liquidated damages shall be enforceable as such and
shall not be regarded as penalties.

13354. In the event of any such breach or threatened breach of such
marketing contract by a member the association shall be entitled to
an injunction to prevent the further breach of the contract and to a
decree of specific performance thereof. Pending the adjudication of
such an action and upon filing a verified complaint showing the
breach or threatened breach, and upon filing sufficient bond, the
association shall be entitled to a temporary restraining order and
preliminary injunction against the member.

13355. In any action upon such marketing agreements, it shall be
conclusively presumed that a landlord or lessor is able to control
the delivery of fishery products produced by his equipment by
tenants, or others, whose tenancy or possession or work on such
equipment or the terms of whose tenancy or possession or labor
thereon were created or changed after execution by the landlord or
lessor, of such a marketing agreement; and in such actions, the
foregoing remedies for nondelivery or breach shall lie and be
enforceable against such landlord or lessor.

13356. A contract entered into by a member of an association,
providing for the delivery to such association of products produced
or acquired by the member, may be specifically enforced by the
association to secure the delivery to it of such fishery products,
any provisions contained in the Civil Code to the contrary
notwithstanding.