Title 46, Chapter 3, Section 400
( 46-3-400)
(a) Unless the articles of incorporation or bylaws otherwise
provide, the board of directors may authorize any of the following
transactions without any vote or consent of the members: (1) Any sale, lease, exchange, or other disposition of less than
substantially all the property and assets of the electric
membership corporation; and (2) The execution and delivery of any one or more mortgages, deeds
of trust, or deeds to secure debt covering, or the creation by any
other means of a security interest in, any or all of the real or
personal property, assets, rights, privileges, licenses,
franchises, and permits of the electric membership corporation, or
any interest therein, as well as the revenues therefrom, whether
acquired or to be acquired, and wherever situated, for the purpose
of securing the payment or performance of any one or more
contracts, notes, bonds, or other obligation of the electric
membership corporation. (b) Any transaction made as permitted by this Code section without
any vote or consent of the members may be upon such terms and
conditions and for such consideration as the board may deem to be in
the best interests of the electric membership corporation. |