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Terms Used In Vermont Statutes Title 11 Sec. 604

  • Member: means a person that is admitted as a patron member or investor member or both in a mutual benefit enterprise. See
  • Mutual benefit enterprise: means an enterprise organized under this title. See
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Organic rules: means the articles of organization and bylaws of a mutual benefit enterprise. See

§ 604. Security interest and set-off

(a) A member or transferee may create an enforceable security interest in its financial rights in a mutual benefit enterprise.

(b) Unless the organic rules otherwise provide, a member may not create an enforceable security interest in the member’s governance rights in a mutual benefit enterprise.

(c) The organic rules may provide that a mutual benefit enterprise has a security interest in the financial rights of a member to secure payment of any indebtedness or other obligation of the member to the enterprise. A security interest provided for in the organic rules is enforceable under and governed by 9A V.S.A. § article 9.

(d) Unless the organic rules otherwise provide, a member may not compel the mutual benefit enterprise to offset financial rights against any indebtedness or obligation owed to the enterprise. (Added 2011, No. 84 (Adj. Sess.), § 1, eff. April 20, 2012.)