Legal Question in Business Law in New Hampshire

I am a member in a consumer cooperative in NH. We have a company that helped set us up and provides assistance when needed. The cooperative operates as a corporation. A question came up as to whether a member could sue the cooperative. The company that set us up and offers guidance said NO a member cannot sue because "you can not sue yourself". I thought a corporation was considered a seperate entity that could sue and be sued in it's own name. My question is if I had a legal complaint against the co-op can I sue even though I am a member?


Asked on 3/05/10, 4:03 am

1 Answer from Attorneys
Bruce L. Dorner Dorner Law Office

Unfortunately, the answer may be correct. However, the only way to know for sure is to have the documents examined by an attorney. There are differences between cooperatives and corporations. The form of governance and the rights of members or shareholders may be spelled out in the organizational documents and bylaws. The second layer of analysis would be the reason for your complaint and whether or not is is legally actionable or is well within the discretion of the governing body of the organization.

Your best path would be to assemble all of the organizational documents, minutes of meetings, bylaws and any suporting materials and then meet with an attorney.

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Answered on 3/10/10, 7:11 am


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