Coop Litigation News

Tracking Legal Events involving Electric & Telephone Cooperatives

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Capital Credit Issues

Here we attempt to highlight some of the more interesting and more important issues concerning Patronage Credits or Capital Credits of Rural Electric Cooperatives and Rural Telephone Cooperatives involved in litigation.

Some of these links take you outside of the Coop Litigation News website so we aren't responsible for the content. 


Failure to Rotate

Capital Credits belong to Coop Members and constitute their their equity ownership in the Coop.


Coops are obligated to return these credits to Members over time and the period of time it takes the Coop to repay Capital Credits is known as "Rotation".  Rotation periods of 10 to 20 years are reasonable but Coops that take longer than 50 years to Rotate or repay Capital Credits are excessive and potentially violating state and federal law.


This issue is being litigated with several Coops.


Carroll Electric (Arkansas) Litigation

Discounting

Coops are obligated to return the Capital Credits constituting Members equity ownership in the Coop.  These Capital Credits belong to Coop Members and are similar to the stock ownership of conventional for profit corporations.


Many Coops do repay Capital Credits but reduce the amount paid to Members for their Capital Credits under the theory that since the Members are getting their money back early it should be reduced or "Discounted".


Some believe that Discounting is appropriate provided that the amount is not excessive and the Members are given notice of what is being done; however, some coops have applied excessively large discounts and failed to fully reveal what they are doing.


This issue is being litigated with several Coops.


CoServ Electric (Texas) Litigation


This page was last modified on Wednesday, January 13, 2010